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AN ACT relating to public school standards. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTI N 1. REA( AS " )) !S* (1) Notwithstanding any statute to the contrary the Kentucky Board of !ducation and the Kentucky "e#artment of !ducation shall not: (a) $m#lement the academic content standards for !nglish language arts and mathematics de%elo#ed by the Common Core &tandards $nitiati%e and co#yrighted by the National Go%ernors Association and the Council of Chief &tate &chool 'fficers( (b) $m#lement the science standards de%elo#ed by the Ne)t Generation &cience &tandards $nitiati%e led by the National *esearch Council of the National Academy of &ciences( or (c) +se the ,artnershi# for Assessment of *eadiness for Colleges and Careers the &marter Balanced Assessment Consortium or any other assessment based on the Common Core &tandards or Ne)t Generation &cience &tandards(.) Any actions taken to ado#t or im#lement the Common Core &tandards or the Ne)t Generation &cience &tandards as of the effecti%e date of this Act are %oid(/) (a) 0he state board after consultation with the Council on ,ostsecondary !ducation shall a##ro%e and recommend to school districts and schools academic content standards to re#lace the academic content standards in !nglish language arts mathematics and science currently in use(b) A local board of education shall ado#t for use by the school district academic content standards including standards that differ from or e)ceed those a##ro%ed by the state board(c) ,ursuant to &ection 1 of this Act a school2based decision making council
%age 1 o+ 3,
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shall ado#t curriculum #olicies necessary to im#lement the academic content standards ado#ted by the local board of education(1) No official of the state whether a##ointed or elected shall enter into a contractual agreement on behalf of the state or a state agency with any consortium association or other entity if the agreement would re3uire the state or state agency to cede control o%er academic content standards and assessment of the standards(4) 0he state board shall #ost for a minimum of ninety (56) days #ublic notice of any #ro#osed re%ision of academic content standards on the de#artment7s 8eb site and shall in%ite comments on the #ro#osed changes from the general #ublic including #arents teachers e)#erts on college and career readiness standards re#resentati%es of non#artisan institutes and #olitical educational and faith2 based organi9ations(:) 0he state board shall not finali9e re%ision of any academic content standards until the board holds a #ublic hearing in each congressional district in the state0he board shall #ost notice of each hearing on the de#artment7s 8eb site and in the news#a#er with the largest circulation in the res#ecti%e congressional district(;) Any academic content standards a##ro%ed by the state board shall be limited to the sub<ect areas #rescribed in K*& 14=-:14/(.)(a) and shall be de%elo#ed using the #rocess and criteria s#ecified in K*& 14=-:14/(.)(b) to (f)(=) Notwithstanding any statute to the contrary state funds shall not be withheld from a school district or school for failure to ado#t or use the academic content standards a##ro%ed by the state board- No school district or school shall be re3uired to use any academic content standards based u#on the Common Core &tandards or Ne)t Generation &cience &tandards #re%iously ado#ted by the state board as a condition for recei%ing state fundsSection 2. #RS 1&2.-/- is a3ended to read as +ollo4s*
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516

The #entuc17 Board o+ Education shall ha8e the 3anage3ent and control o+ the co33on schools and all progra3s operated in these schools9 including interscholastic athletics9 the #entuc17 School +or the (ea+9 the #entuc17 School +or the Blind9 and co33unit7 education progra3s and ser8ices.

526

The #entuc17 Board o+ Education 3a7 designate an organi:ation or agenc7 to 3anage interscholastic athletics in the co33on schools9 pro8ided that the rules9 regulations9 and b7la4s o+ an7 organi:ation or agenc7 so designated shall be appro8ed b7 the board9 and pro8ided +urther that an7 ad3inistrati8e hearing conducted b7 the designated 3anaging organi:ation or agenc7 shall be conducted in accordance 4ith #RS Chapter 13B. 5a6 The state board or its designated agenc7 shall assure through pro3ulgation o+ ad3inistrati8e regulations that i+ a secondar7 school sponsors or intends to sponsor an athletic acti8it7 or sport that is si3ilar to a sport +or 4hich National Collegiate Athletic Association 3e3bers o++er an athletic scholarship9 the school shall sponsor the athletic acti8it7 or sport +or 4hich a scholarship is o++ered. The ad3inistrati8e regulations shall speci+7 4hich athletic acti8ities are si3ilar to sports +or 4hich National Collegiate Athletic Association 3e3bers o++er scholarships. 5b6 Beginning 4ith the 2--3.2--4 school 7ear9 the state board shall re;uire an7 agenc7 or organi:ation designated b7 the state board to 3anage interscholastic athletics to adopt b7la4s that establish as 3e3bers o+ the agenc7<s or organi:ation<s board o+ control one 516 representati8e o+ nonpublic 3e3ber schools 4ho is elected b7 the nonpublic school 3e3bers o+ the agenc7 or organi:ation +ro3 regions one 516 through eight 5'6 and one 516 representati8e o+ nonpublic 3e3ber schools 4ho is elected b7 the nonpublic 3e3ber schools o+ the agenc7 or organi:ation +ro3 regions nine 5,6 through si=teen 5126. The nonpublic school representati8es on the board o+ control shall not be +ro3
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classi+ication A1 or (1 schools. "ollo4ing initial election o+ these nonpublic school representati8es to the agenc7<s or organi:ation<s board o+ control9 ter3s o+ the nonpublic school representati8es shall be staggered so that onl7 one 516 nonpublic school 3e3ber is elected in each e8en.nu3bered 7ear. 5c6 The state board or an7 agenc7 designated b7 the state board to 3anage interscholastic athletics shall not pro3ulgate rules9 ad3inistrati8e regulations9 or b7la4s that prohibit pupils in grades se8en 5/6 to eight 5'6 +ro3 participating in an7 high school sports e=cept +or high school 8arsit7 soccer and +ootball9 or +ro3 participating on 3ore than one 516 school.sponsored tea3 at the sa3e ti3e in the sa3e sport. The #entuc17 Board o+ Education9 or an agenc7 designated b7 the board to 3anage interscholastic athletics9 3a7 pro3ulgate ad3inistrati8e regulations restricting9 li3iting9 or prohibiting participation in high school 8arsit7 soccer and +ootball +or students 4ho ha8e not success+ull7 co3pleted the eighth grade. 5d6 E8er7 local board o+ education shall re;uire an annual 3edical e=a3ination per+or3ed and signed b7 a ph7sician9 ph7sician assistant9 ad8anced practice registered nurse9 or chiropractor9 i+ per+or3ed 4ithin the pro+essional<s scope o+ practice9 +or each student see1ing eligibilit7 to participate in an7 school athletic acti8it7 or sport. The #entuc17 Board o+ Education or an7 organi:ation or agenc7 designated b7 the state board to 3anage interscholastic athletics shall not pro3ulgate ad3inistrati8e regulations or adopt an7 policies or b7la4s that are contrar7 to the pro8isions o+ this paragraph. 5e6 An7 student 4ho turns nineteen 51,6 7ears o+ age prior to August 1 shall not be eligible +or high school athletics in #entuc17. An7 student 4ho turns nineteen 51,6 7ears o+ age on or a+ter August 1 shall re3ain eligible +or that school 7ear onl7. An e=ception to the pro8isions o+ this paragraph shall be 3ade9 and the student shall be eligible +or high school athletics in #entuc17 i+
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the student* 1. >uali+ied +or e=ceptional children ser8ices and had an indi8idual education progra3 de8eloped b7 an ad3issions and release co33ittee 5ARC6 4hile the student 4as enrolled in the pri3ar7 school progra3? 2. !as retained in the pri3ar7 school progra3 because o+ an ARC co33ittee reco33endation? and 3. $as not co3pleted +our 546 consecuti8e 7ears or eight 5'6 consecuti8e se3esters o+ eligibilit7 +ollo4ing initial pro3otion +ro3 grade eight 5'6 to grade nine 5,6. 5+6 1. The state board or an7 agenc7 designated b7 the state board to 3anage interscholastic athletics shall pro3ulgate ad3inistrati8e regulations that per3it a school district to e3plo7 or assign nonteaching or noncerti+ied personnel or personnel 4ithout postsecondar7 education credit hours to ser8e in a coaching position. The ad3inistrati8e regulations shall gi8e pre+erence to the hiring or assign3ent o+ certi+ied personnel in coaching positions. 2. A person e3plo7ed in a coaching position shall be a high school graduate and at least t4ent7.one 5216 7ears o+ age and shall sub3it to a cri3inal bac1ground chec1 in accordance 4ith #RS 12-.3'-. 3. The ad3inistrati8e regulations shall speci+7 post.hire re;uire3ents +or persons e3plo7ed in coaching positions. 4. The regulations shall per3it a predeter3ined nu3ber o+ hours o+ pro+essional de8elop3ent training appro8ed b7 the state board or its designated agenc7 to be used in lieu o+ postsecondar7 education credit hour re;uire3ents. &. A local school board 3a7 speci+7 post.hire re;uire3ents +or personnel e3plo7ed in coaching positions in addition to those speci+ied in
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subparagraph 3. o+ this paragraph. 536 5a6 The #entuc17 Board o+ Education is hereb7 authori:ed to lease +ro3 the State %ropert7 and Buildings Co33ission9 or others9 4hether public or pri8ate9 an7 lands9 buildings9 structures9 installations9 and +acilities suitable +or use in establishing and +urthering tele8ision and related +acilities as an aid or supple3ent to classroo3 instruction9 throughout the Co33on4ealth9 and +or incidental use in an7 other proper public +unctions. The lease 3a7 be +or an7 initial ter3 co33encing 4ith the date o+ the lease and ending 4ith the ne=t ensuing 0une 3-9 4hich is the close o+ the then.current +iscal bienniu3 o+ the Co33on4ealth9 4ith e=clusi8e options in +a8or o+ the board to rene4 the sa3e +or successi8e ensuing bienniu3s9 0ul7 1 in each e8en 7ear to 0une 3- in the ne=t ensuing e8en 7ear? and the rentals 3a7 be +i=ed at the su3s in each bienniu39 i+ rene4ed9 su++icient to enable the State %ropert7 and Buildings Co33ission to pa7 there+ro3 the 3aturing principal o+ and interest on9 and pro8ide reser8es +or9 an7 re8enue bonds 4hich the State %ropert7 and Buildings Co33ission 3a7 deter3ine to be necessar7 and su++icient9 in agree3ent 4ith the board9 to pro8ide the cost o+ ac;uiring the tele8ision and related +acilities9 4ith appurtenances9 and costs as 3a7 be incident to the issuance o+ the bonds. 5b6 Each option o+ the #entuc17 Board o+ Education to rene4 the lease +or a succeeding biennial ter3 3a7 be e=ercised at an7 ti3e a+ter the ad@ourn3ent o+ the session o+ the Aeneral Asse3bl7 at 4hich appropriations shall ha8e been 3ade +or the operation o+ the state go8ern3ent +or such succeeding biennial ter39 b7 noti+7ing the State %ropert7 and Buildings Co33ission in 4riting9 signed b7 the chie+ state school o++icer9 and deli8ered to the secretar7 o+ the "inance and Ad3inistration Cabinet as a 3e3ber o+ the co33ission. The option shall be dee3ed auto3aticall7 e=ercised9 and the lease auto3aticall7
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rene4ed +or the succeeding bienniu39 e++ecti8e on the +irst da7 thereo+9 unless a 4ritten notice o+ the board<s election not to rene4 shall ha8e been deli8ered in the o++ice o+ the secretar7 o+ the "inance and Ad3inistration Cabinet be+ore the close o+ business on the last 4or1ing da7 in April i33ediatel7 preceding the beginning o+ the succeeding bienniu3. 5c6 The #entuc17 Board o+ Education shall not itsel+ operate leased tele8ision +acilities9 or underta1e the preparation o+ the educational presentations or +il3s to be trans3itted thereb79 but 3a7 enter into one 516 or 3ore contracts to pro8ide there+or9 4ith an7 public agenc7 and instru3entalit7 o+ the Co33on4ealth ha8ing9 or able to pro8ide9 a sta++ 4ith proper technical ;uali+ications9 upon 4hich agenc7 and instru3entalit7 the board9 through the chie+ state school o++icer and the (epart3ent o+ Education9 is represented in such 3anner as to coordinate 3atters o+ curriculu3 4ith the curricula prescribed +or the public schools o+ the Co33on4ealth. An7 contract +or the operation o+ the leased tele8ision or related +acilities 3a7 per3it li3ited and special uses o+ the tele8ision or related +acilities +or other progra3s in the public interest9 sub@ect to the reasonable ter3s and conditions as the board and the operating agenc7 and instru3entalit7 3a7 agree upon? but an7 contract shall a++ir3ati8el7 +orbid the use o+ the tele8ision or related +acilities9 at an7 ti3e or in an7 3anner9 in the disse3ination o+ political propaganda or in +urtherance o+ the interest o+ an7 political part7 or candidate +or public o++ice9 or +or co33ercial ad8ertising. No lease bet4een the board and the State %ropert7 and Buildings Co33ission shall bind the board to pa7 rentals +or 3ore than one 516 +iscal bienniu3 at a ti3e9 sub@ect to the a+oresaid rene4al options. The board 3a7 recei8e and 3a7 appl7 to rental pa73ents under an7 lease and to the cost o+ pro8iding +or the operation o+ the tele8ision or related +acilities not onl7 appropriations 4hich 3a7 be 3ade to it +ro3 state +unds9
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+ro3 ti3e to ti3e9 but also contributions9 gi+ts9 3atching +unds9 de8ises9 and be;uests +ro3 an7 source9 4hether +ederal or state9 and 4hether public or pri8ate9 so long as the sa3e are not conditioned upon an7 i3proper use o+ the tele8ision or related +acilities in a 3anner inconsistent 4ith the pro8isions o+ this subsection. 546 The state board 3a79 on the reco33endation and 4ith the ad8ice o+ the chie+ state school o++icer9 prescribe9 print9 publish9 and distribute at public e=pense such ad3inistrati8e regulations9 courses o+ stud79 curriculu3s9 bulletins9 progra3s9 outlines9 reports9 and placards as each dee3s necessar7 +or the e++icient 3anage3ent9 control9 and operation o+ the schools and progra3s under its @urisdiction. All ad3inistrati8e regulations published or distributed b7 the board shall be enclosed in a boo1let or binder on 4hich the 4ords Bin+or3ational cop7B shall be clearl7 sta3ped or printed. 5&6 Cpon the reco33endation o+ the chie+ state school o++icer or his designee9 the state board shall establish polic7 or act on all 3atters relating to progra3s9 ser8ices9 publications9 capital construction and +acilit7 reno8ation9 e;uip3ent9 litigation9 contracts9 budgets9 and all other 3atters 4hich are the ad3inistrati8e responsibilit7 o+ the (epart3ent o+ Education. (:) $f the +nited &tates "e#artment of !ducation re3uires that a grant reci#ient #ro%ide #ersonally identifiable information about students or teachers as a condition of a grant the grant reci#ient shall not release #ersonally identifiable information without the informed written consent of the student7s #arent or guardian or of the teacher as a##ro#riate(;) 0he state board shall ensure that access to any student or teacher information collected by the Kentucky "e#artment of !ducation or by %endors contracted by the de#artment or by local school districts shall be restricted to the fulfillment of contractual obligations for #rocessing data on behalf of the school district and
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the schools(=) 0he state board shall re3uire the Kentucky "e#artment of !ducation and all school districts to adhere to trans#arency and #ri%acy standards for outsourcing data collection and 8eb2based tasks to %endors including: (a) (b) $dentifying data and 8eb2based ser%ice #ro%iders on agency 8eb sites( ,ro%iding notice to #arents of the ty#es of student information transferred to third2#arty ser%ice #ro%iders( and (c) >aintaining on file a written contractual agreement that: 1 &#ecifies the #ur#ose of the agreement and the authority of the %endor to enter into an agreement( ./&#ecifies the ty#e of data to be collected and transferred( ,rohibits the utili9ation of student data for any #ur#oses other than ser%ing the de#artment or the #ublic schools( 14:;,rohibits or limits redisclosure of student information( ,rohibits the sale or marketing of student information( &#ecifies whether foreign or cloud storage is utili9ed( &#ecifies data security and breach notification obligations and #rocedures( =516,rohibits unilateral modifications( Clarifies #arental access and correction ca#abilities( and $ncludes the right for agency audit of %endor com#liance with contractual agreementsSection 3. #RS 1&'.24&3 is a3ended to read as +ollo4s* 516 As used in this section* 5a6 BAccelerated learningB 3eans an organi:ed 4a7 o+ helping students 3eet indi8idual acade3ic goals b7 pro8iding direct instruction to eli3inate student per+or3ance de+iciencies or enable students to 3o8e 3ore ;uic1l7 through
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course re;uire3ents and pursue higher le8el s1ill de8elop3ent? 5b6 BConstructed.response ite3sB or Bper+or3ance.based ite3sB 3eans indi8idual test ite3s that re;uire the student to create an ans4er rather than select a response and 3a7 include +ill.in.the.blan19 short.ans4er9 e=tended.ans4er9 open.response9 and 4riting.on.de3and +or3ats? 5c6 BCriterion.re+erenced testB 3eans a test that is aligned 4ith de+ined acade3ic content standards and 3easures an indi8idual student<s le8el o+ per+or3ance against the standards? 5d6 5e6 BEnd.o+.course e=a3inationB 3eans the sa3e as de+ined in #RS 1&'.'2-? B"or3ati8e assess3entB 3eans a process used b7 teachers and students during instruction to ad@ust ongoing teaching and learning to i3pro8e students< achie8e3ent o+ intended instructional outco3es. "or3ati8e assess3ents 3a7 include the use o+ co33ercial assess3ents9 classroo3 obser8ations9 teacher. designed classroo3 tests and assess3ents9 and other processes and assign3ents to gain in+or3ation about indi8idual student learning? 5+6 BInteri3 assess3entsB 3eans assess3ents that are gi8en periodicall7 throughout the 7ear to pro8ide diagnostic in+or3ation and to sho4 indi8idual student per+or3ance against content standards? 5g6 BNational nor3.re+erenced testB 3eans a t7pe o+ test interpretation in 4hich the per+or3ance o+ student scores are reported b7 co3paring per+or3ance to ho4 other students in a national sa3ple per+or3ed? 5h6 B%rogra3 auditB 3eans a +or3 o+ progra3 re8ie4 that is a s7ste3atic 3ethod o+ anal7:ing co3ponents o+ an instructional progra39 and areas +or i3pro8e3ent that is conducted as a result o+ a progra3 re8ie4 that indicates a 3ore in.depth process o+ anal7sis and assistance is needed? 5i6 B%rogra3 re8ie4B 3eans a s7ste3atic 3ethod o+ anal7:ing co3ponents o+ an instructional progra39 including instructional practices9 aligned and enacted
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curriculu39 student 4or1 sa3ples9 +or3ati8e and su33ati8e assess3ents9 pro+essional de8elop3ent and support ser8ices9 and ad3inistrati8e support and 3onitoring? 5@6 BSu33ati8e assess3entB 3eans an assess3ent gi8en at the end o+ the school 7ear9 se3ester9 or other period o+ ti3e to e8aluate students< per+or3ance against content standards 4ithin a unit o+ instruction or a course? and 516 B!ritingB 3eans a purpose+ul act o+ thin1ing and e=pression that uses language to e=plore ideas and co33unicate 3eaning to others. !riting is a co3ple=9 3ulti+aceted act o+ co33unication. 526 5a6 !ithin thirt7 53-6 da7s o+ Darch 2&9 2--,9 the #entuc17 (epart3ent o+ Education in collaboration 4ith the Council on %ostsecondar7 Education shall plan and i3ple3ent a co3prehensi8e process +or re8ising the acade3ic content standards in reading9 language arts including 4riting9 3athe3atics9 science9 social studies9 arts and hu3anities9 and practical li8ing s1ills and career studies. The re8ision process shall include a graduated ti3etable to ensure that all re8isions are co3pleted to allo4 as 3uch ti3e as possible +or teachers to ad@ust their instruction be+ore ne4 assess3ents are ad3inistered. 5b6 The re8isions to the content standards shall* 1. "ocus on critical 1no4ledge9 s1ills9 and capacities needed +or success in the global econo37? 2. 3. Result in +e4er but 3ore in.depth standards to +acilitate 3aster7 learning? Co33unicate e=pectations 3ore clearl7 and concisel7 to teachers9 parents9 students9 and citi:ens? 4. &. 2. Be based on e8idence.based research? Consider international bench3ar1s? and Ensure that the standards are aligned +ro3 ele3entar7 to high school to postsecondar7 education so that students can be success+ul at each
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education le8el. 5c6 The re8ision process9 @ointl7 organi:ed b7 the co33issioner o+ education and the president o+ the Council on %ostsecondar7 Education9 shall engage practicing teachers +ro3 ele3entar7 and secondar7 education in discussions and negotiations 4ith content +acult7 and sta++ +ro3 postsecondar7 education institutions. The process shall also include business and industr7 pro+essionals 4ho are acti8el7 engaged in career +ields that depend on the 8arious content areas9 and others as dee3ed appropriate b7 the co33issioner and the president. 5d6 (uring the re8ision process9 the depart3ent shall consider standards that ha8e been adopted b7 national content ad8isor7 groups and pro+essional education consortia. 5e6 Csing a 8ariet7 o+ strategies and technologies9 the proposed re8isions to the acade3ic content standards shall be 4idel7 disse3inated throughout the state to ele3entar79 secondar79 and postsecondar7 education +acult7 and ad3inistrators9 parents9 citi:ens9 pri8ate pro+essionals in the content areas9 and others +or co33ent and reco33endations. The results o+ the re8ision process shall ensure that the speci+ications in paragraph 5b6 o+ this subsection are 3et. 5+6 The co33issioner o+ education and the president o+ the Council on %ostsecondar7 Education shall ensure that the re8ised acade3ic standards that are reco33ended to the #entuc17 Board o+ Education +or appro8al are aligned 4ith postsecondar7 education course and assess3ent standards +or the gate4a7 areas o+ reading and 3athe3atics. The council shall also re8ie4 the proposed acade3ic standards in all other content areas and pro8ide 4ritten reco33endations as needed to ensure those areas are aligned 4ith postsecondar7 education re;uire3ents. 5g6 1. The #entuc17 Board o+ Education shall consider +or appro8al the
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re8isions to acade3ic content standards +or a content area as the7 are co3pleted. 2. The (epart3ent o+ Education shall disse3inate the acade3ic content standards to the schools and teacher preparation progra3s no later than thirt7 53-6 da7s a+ter appro8al b7 the state board. 3. All acade3ic content standards re8isions shall be co3pleted and appro8ed b7 the state board no later than (ece3ber 1&9 2-1-9 and disse3inated b7 the (epart3ent o+ Education to ele3entar7 and secondar7 schools9 postsecondar7 education +acult7 in the respecti8e content areas9 and to all teacher preparation progra3s no later than 0anuar7 1&9 2-11. 5h6 The (epart3ent o+ Education shall pro8ide or +acilitate state4ide training sessions +or e=isting teachers and ad3inistrators on ho4 to* 1. 2. Integrate the re8ised content standards into classroo3 instruction? Better integrate per+or3ance assess3ent o+ students 4ithin their instructional practices? and 3. 5i6 $elp all students use higher.order thin1ing and co33unication s1ills.

The Education %ro+essional Standards Board in cooperation 4ith the #entuc17 Board o+ Education and the Council on %ostsecondar7 Education shall coordinate in+or3ation and training sessions +or +acult7 and sta++ in all o+ the teacher preparation progra3s in the use o+ the re8ised acade3ic content standards. The Education %ro+essional Standards Board shall ensure that each teacher preparation progra3 includes use o+ the acade3ic standards in the pre. ser8ice education progra3s and that all teacher interns a+ter Darch 2&9 2--,9 4ill ha8e e=perience planning classroo3 instruction based on the re8ised standards.

5@6

The Council on %ostsecondar7 Education in cooperation 4ith the #entuc17

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(epart3ent o+ Education and the postsecondar7 education institutions in the state shall coordinate in+or3ation sessions regarding the acade3ic content standards +or +acult7 4ho teach in the 8arious content areas. (k) A local board of education may su##lement the academic content standards a##ro%ed by the state board with higher and more rigorous academic content standards and a school council shall use them to fulfill curriculum #olicy re3uirements #ursuant to &ection 1 of this Act536 5a6 The #entuc17 Board o+ Education shall be responsible +or creating and i3ple3enting a balanced state4ide assess3ent progra3 that 3easures the students<9 schools<9 and districts< achie8e3ent o+ the goals set +orth in #RS 1&'.24& and 1&'.24&19 to ensure co3pliance 4ith the +ederal No Child )e+t Behind Act o+ 2--19 2- C.S.C. secs. 23-1 et se;.9 or its successor9 and to ensure school accountabilit7. 5b6 Csing the re8ised acade3ic standards de8eloped pursuant to subsection 526 o+ this section9 the board shall re8ise the annual state4ide assess3ent progra3 +or i3ple3entation in the 2-11.2-12 acade3ic 7ear. 5c6 The board shall see1 the ad8ice o+ the ++ice o+ Education Accountabilit7? the

School Curriculu39 Assess3ent9 and Accountabilit7 Council? the Education Assess3ent and Accountabilit7 Re8ie4 Subco33ittee9 and the National Technical Ad8isor7 %anel on Assess3ent and Accountabilit7 in the de8elop3ent o+ the assess3ent progra3. The state4ide assess3ent progra3 shall not include 3easure3ent o+ a student<s abilit7 to beco3e a sel+.su++icient indi8idual or to beco3e a responsible 3e3ber o+ a +a3il79 4or1 group9 or co33unit7. 546 5a6 The assess3ent progra3 to be i3ple3ented in the 2-11.2-12 acade3ic 7ear shall be co3posed o+ annual student assess3ents and state and local progra3 re8ie4s and audits in selected content areas.
%age 14 o+ 3,
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5b6

The state student assess3ents 3a7 include +or3ati8e and su33ati8e tests that* 1. Deasure indi8idual student achie8e3ent in the acade3ic core content areas o+ language9 reading9 English9 3athe3atics9 science9 and social studies at designated grades? 2. %ro8ide teachers and parents a 8alid and reliable co3prehensi8e anal7sis o+ s1ills 3astered b7 indi8idual students? 3. %ro8ide diagnostic in+or3ation that identi+ies strengths and acade3ic de+iciencies o+ indi8idual students in the content areas? 4. %ro8ide co3parisons 4ith national nor3s +or 3athe3atics9 reading9 social studies9 and science and9 4here a8ailable9 co3parisons to other states? &. %ro8ide in+or3ation to teachers that can enable the3 to i3pro8e instruction +or current and +uture students? 2. /. %ro8ide longitudinal pro+iles +or students? and Ensure school and district accountabilit7 +or student achie8e3ent o+ the goals set +orth in #RS 1&'.24& and 1&'.24&19 e=cept the state4ide assess3ent progra3 shall not include 3easure3ent o+ a student<s abilit7 to beco3e a sel+.su++icient indi8idual or to beco3e a responsible 3e3ber o+ a +a3il79 4or1 group9 or co33unit7.

5c6

The state and local progra3 re8ie4s and audits shall pro8ide annual +eedbac1 to each school relating to selected progra3s and ser8e as indicators o+ the ;ualit7 o+ educational e=periences a8ailable to students. %rogra3 re8ie4s and audits shall pro8ide reco33endations +or i3pro8ing progra3 co3ponents in order to better teach and assess students 4ithin these progra3s. %rogra3 re8ie4s shall ensure school and district accountabilit7 +or student achie8e3ent o+ the capacities set +orth in #RS 1&'.24& and the goals set +orth in #RS 1&'.24&1.
%age 1& o+ 3,

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5&6

The state student assess3ents to be i3ple3ented in the 2-11.2-12 acade3ic 7ear shall include the +ollo4ing co3ponents* 5a6 Ele3entar7 and 3iddle grades re;uire3ents are* 1. A criterion.re+erenced test in 3athe3atics and reading in grades three 536 through eight 5'6 that is 8alid and reliable +or an indi8idual student and that 3easures the depth and breadth o+ #entuc17<s acade3ic content standards9 aug3ented 4ith a custo3i:ed or co33erciall7 a8ailable nor3. re+erenced test to pro8ide national pro+iles? 2. A criterion.re+erenced test in science and social studies that is 8alid and reliable +or an indi8idual student as necessar7 to 3easure the depth and breadth o+ #entuc17<s acade3ic content standards9 aug3ented 4ith a custo3i:ed or co33erciall7 a8ailable nor3.re+erenced test to pro8ide national pro+iles to be ad3inistered one 516 ti3e 4ithin the ele3entar7 and 3iddle grades9 respecti8el7? 3. An on.de3and assess3ent o+ student 4riting to be ad3inistered one 516 ti3e 4ithin the ele3entar7 grades and t4o 526 ti3es 4ithin the 3iddle grades? 4. An editing and 3echanics test relating to 4riting9 using 3ultiple choice and constructed response ite3s9 to be ad3inistered one 516 ti3e 4ithin the ele3entar7 and the 3iddle grades9 respecti8el7? and &. A high school readiness e=a3ination to assess English9 reading9 3athe3atics9 and science in grade eight 5'6 as pro8ided in subsection 5116 o+ this section? e=cept the readiness e=a3ination 3a7 be 3o8ed to grade nine 5,6 b7 the #entuc17 Board o+ Education based on co3pelling e8idence that 3o8ing the test 4ould be in the best interests o+ #entuc17 students? 5b6 $igh school re;uire3ents are*
%age 12 o+ 3,
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1.

A criterion.re+erenced test in 3athe3atics9 reading9 and science that is 8alid and reliable +or an indi8idual student and that 3easures the depth and breadth o+ #entuc17<s acade3ic content standards that are not co8ered in the assess3ent under subparagraph 2. o+ this paragraph to be ad3inistered one 516 ti3e 4ithin the high school grades?

2.

A criterion.re+erenced test in social studies that is 8alid and reliable +or an indi8idual student as necessar7 to 3easure the depth and breadth o+ #entuc17<s acade3ic content standards9 aug3ented 4ith a custo3i:ed or co33erciall7 a8ailable nor3.re+erenced test to pro8ide national pro+iles and to be ad3inistered one 516 ti3e 4ithin the high school grades?

3.

An on.de3and assess3ent o+ student 4riting to be ad3inistered t4o 526 ti3es 4ithin the high school grades?

4.

An editing and 3echanics test relating to 4riting9 using 3ultiple choice and constructed response ite3s9 to be ad3inistered one 516 ti3e 4ithin the high school grades?

&.

A college readiness e=a3ination to assess English9 reading9 3athe3atics9 and science in grade ten 51-6 as pro8ided in subsection 5116 o+ this section? and

2.

The ACT e=a3ination to assess English9 reading9 3athe3atics9 and science in grade ele8en 5116 as pro8ided in subsection 5116 o+ this section?

5c6

The #entuc17 Board o+ Education shall add an7 other co3ponent necessar7 to co3pl7 4ith the No Child )e+t Behind Act o+ 2--19 2- C.S.C. secs. 23-1 et se;.9 or its successor9 as deter3ined b7 the Cnited States (epart3ent o+ Education?

5d6

The criterion.re+erenced co3ponents re;uired in this subsection shall be co3posed o+ constructed response ite3s and 3ultiple choice ite3s and the
%age 1/ o+ 3,

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national nor3.re+erenced co3ponents shall be co3posed o+ 3ultiple choice ite3s? 5e6 The #entuc17 Board o+ Education 3a7 incorporate end.o+.course

e=a3inations into the assess3ent progra3 to be used in lieu o+ re;uire3ents +or criterion.re+erenced tests re;uired under paragraph 5b6 o+ this subsection? and 5+6 The results o+ the assess3ent progra3 de8eloped under this subsection shall be used to deter3ine appropriate instructional 3odi+ications +or all students in order +or students to 3a1e continuous progress9 including that needed b7 ad8anced learners. 526 Beginning in the 2-11.2-12 acade3ic 7ear9 each school district shall ad3inister the state4ide student assess3ent during the last +ourteen 5146 da7s o+ school in the district<s instructional calendar. Testing shall be li3ited to no 3ore than +i8e 5&6 da7s. The #entuc17 Board o+ Education shall pro3ulgate ad3inistrati8e regulations outlining the procedures to be used during the testing process to ensure test securit79 including procedures +or testing 3a1eup da7s9 and to co3pl7 4ith +ederal assess3ent re;uire3ents. 5/6 Beginning in the 2-11.2-12 acade3ic 7ear9 the #entuc17 assess3ent progra3 shall include progra3 re8ie4s and progra3 audits +or arts and hu3anities9 practical li8ing s1ills and career studies9 and the 4riting progra3s. The results o+ the progra3 re8ie4s and audits o+ arts and hu3anities9 practical li8ing s1ills and career studies9 and 4riting re;uired under this subsection shall be included in the accountabilit7 s7ste3 as re;uired b7 #RS 1&'.24&&. 5a6 Arts and hu3anities. 1. The #entuc17 (epart3ent o+ Education shall pro8ide guidelines +or arts and hu3anities progra3s and +or integration o+ these 4ithin the curriculu3 to all schools.
%age 1' o+ 3,
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2.

The #entuc17 Board o+ Education shall establish criteria to use in the progra3 re8ie4 and audit processes9 and the procedures reco33ended +or local district and depart3ent progra3 re8ie4s and progra3 audits as de+ined in subsection 5165h6 and 5i6 o+ this section. The depart3ent shall distribute the criteria and procedures +or progra3 re8ie4s and audits to all schools and teacher preparation progra3s.

3.

Each local district shall do an annual progra3 re8ie4 and the (epart3ent o+ Education shall conduct a progra3 re8ie4 o+ e8er7 school<s progra3 4ithin a t4o 526 7ear period. The +re;uenc7 o+ progra3 audits shall be deter3ined b7 the (epart3ent o+ Education in co3pliance 4ith the re;uire3ents established b7 the state board.

4.

Each school.based decision 3a1ing council shall anal7:e the +indings +ro3 progra3 re8ie4s +or its school and deter3ine ho4 it 4ill address progra3 reco33endations to i3pro8e the progra3 +or students.

5b6

%ractical li8ing s1ills and career studies. 1. The #entuc17 (epart3ent o+ Education shall pro8ide guidelines +or practical li8ing s1ills and career studies and integration o+ these 4ithin the curriculu3 to all schools and teacher preparation progra3s. 2. The #entuc17 Board o+ Education shall establish criteria to use in the progra3 re8ie4 and audit processes9 and the procedures reco33ended +or local district and depart3ent progra3 re8ie4s and progra3 audits as de+ined in subsection 5165h6 and 5i6 o+ this section. The depart3ent shall distribute the criteria and procedures +or progra3 re8ie4s and audits to all schools and teacher preparation progra3s. 3. Each local district shall do an annual progra3 re8ie4 and the (epart3ent o+ Education shall conduct a progra3 re8ie4 o+ e8er7 school<s progra3 4ithin a t4o 526 7ear period. The +re;uenc7 o+ progra3 audits shall be
%age 1, o+ 3,

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deter3ined b7 the (epart3ent o+ Education in co3pliance 4ith the re;uire3ents established b7 the state board. 4. Each school.based decision 3a1ing council shall anal7:e the +indings +ro3 progra3s re8ie4s +or its school and deter3ine ho4 it 4ill address progra3 reco33endations to i3pro8e the progra3 +or students. 5c6 !riting. 1. The #entuc17 (epart3ent o+ Education shall pro8ide guidelines +or an e++ecti8e 4riting progra3 and establish criteria to use in the progra3 re8ie4 and progra3 audit process as de+ined in subsection 5165h6 and 5i6 o+ this section. The depart3ent shall distribute the guidelines and criteria +or progra3 re8ie4s 4ithin the curriculu3 to all schools and teacher preparation progra3s. 2. Each school.based decision 3a1ing council or9 i+ there is no school council9 a co33ittee appointed b7 the principal9 shall adopt policies that deter3ine the 4riting progra3 +or its school and sub3it it to the (epart3ent o+ Education +or re8ie4 and co33ent. The 4riting progra3 shall incorporate a 8ariet7 o+ language resources9 technological tools9 and 3ultiple opportunities +or students to de8elop co3ple= co33unication s1ills +or a 8ariet7 o+ purposes. 3. !riting port+olios9 consisting o+ sa3ples o+ indi8idual student 4or1 that represent the interests and gro4th o+ the student o8er ti3e9 shall be a re;uired part o+ an7 4riting progra3 in pri3ar7 through grade t4el8e 5126. %ort+olios shall be part o+ the re;uired criteria +or the progra3 re8ie4 and audit process relating to the 4riting progra3 under this paragraph. Indi8idual student scores on port+olios shall not be included in the accountabilit7 s7ste3. 4.
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A 4riting port+olio shall be 3aintained +or each student and +ollo4 each
%age 2- o+ 3,
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student +ro3 grade to grade and to an7 school in 4hich the student 3a7 enroll. &. A school<s policies +or the 4riting progra3 shall address the use o+ the port+olio +or deter3ining a student<s per+or3ance in* a. b. Co33unication? Arading procedures and +eedbac1 to students regarding their 4riting and co33unication s1ills? c. The responsibilit7 +or re8ie4 o+ the port+olios and +eedbac1 to students? and d. ther policies to i3pro8e the ;ualit7 o+ an indi8idual student<s 4riting and co33unications s1ills. 2. Each local district shall do an annual progra3 re8ie4 and the (epart3ent o+ Education shall conduct a progra3 re8ie4 o+ e8er7 school<s progra3 4ithin a t4o 526 7ear period. The +re;uenc7 o+ progra3 audits shall be deter3ined b7 the (epart3ent o+ Education in co3pliance 4ith the re;uire3ents established b7 the state board. The (epart3ent o+ Education shall ensure that all schools and districts understand ho4 the results o+ the progra3 re8ie4s and audits o+ arts and hu3anities9 practical li8ing s1ills and career studies9 and 4riting are included in the accountabilit7 s7ste3 under #RS 1&'.24&& and shall pro8ide assistance to schools to i3pro8e the ;ualit7 o+ the progra3s under this subsection. 5'6 )ocal school districts 3a7 select and use co33ercial interi3 or +or3ati8e assess3ents or de8elop and use their o4n +or3ati8e assess3ents to pro8ide data on ho4 4ell their students are gro4ing to4ard 3aster7 o+ #entuc17 acade3ic core content. Nothing in this section precludes teachers +ro3 using ongoing teacher. de8eloped +or3ati8e processes. 5,6 Beginning 4ith the 2-1-.2-11 school 7ear9 each school that enrolls pri3ar7 students
%age 21 o+ 3,
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shall use diagnostic assess3ents and pro3pts that 3easure readiness in reading and 3athe3atics +or its pri3ar7 students as deter3ined b7 the school to be de8elop3entall7 appropriate. The schools 3a7 use co33ercial products9 use products and procedures de8eloped b7 the district9 or de8elop their o4n diagnostic procedures. The results shall be used to in+or3 the teachers and parents or guardians o+ each student<s s1ill le8el. 51-6 In re8ising the state assess3ent progra3 +or i3ple3entation in 2-11.2-12 acade3ic 7ear9 the state board shall ensure that a technicall7 sound longitudinal co3parison o+ the assess3ent results +or the sa3e students shall be 3ade a8ailable. 5116 The +ollo4ing pro8isions shall appl7 to the assess3ent re;uire3ents +or 3iddle and high schools* 5a6 The assess3ent progra3 shall include* 1. A high school readiness e=a3ination to assess English9 reading9 3athe3atics9 and science in grade eight 5'6? 2. A college readiness e=a3ination to assess English9 reading9 3athe3atics9 and science in grade ten 51-6? 3. The ACT college ad3issions and place3ent e=a3ination to assess English9 reading9 3athe3atics9 and science9 to be ta1en b7 all students in grade ele8en 5116? and 4. An7 other co3ponent necessar7 to co3pl7 4ith the No Child )e+t Behind Act o+ 2--19 2- C.S.C. sec. 23-1 et se;.9 as deter3ined b7 the Cnited States (epart3ent o+ Education? 5b6 1. A student 4hose scores on the high school readiness e=a3ination ad3inistered in grade eight 5'6 or as deter3ined b7 the #entuc17 Board o+ Education under subsection 5&6 o+ this section indicate a high degree o+ readiness +or high school shall be counseled to enroll in accelerated courses? and
%age 22 o+ 3,
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2.

A student 4hose scores on the college readiness e=a3ination ad3inistered in grade ten 51-6 or the ACT college ad3issions and place3ent e=a3ination ad3inistered in grade ele8en 5116 indicate a high degree o+ readiness +or college shall be counseled to enroll in accelerated courses9 4ith an e3phasis on Ad8anced %lace3ent classes?

5c6

The cost o+ the initial ACT e=a3ination ad3inistered to students in grade ele8en 5116 shall be paid +or b7 the #entuc17 (epart3ent o+ Education. The costs o+ additional ACT e=a3inations shall be the responsibilit7 o+ the student?

5d6

I+ +unds are a8ailable9 the #entuc17 (epart3ent o+ Education shall pro8ide an ACT preparation progra3 to all public high school @uniors. The depart3ent 3a7 contract +or necessar7 ser8ices? and

5e6

The co3ponents o+ the 3iddle and high school assess3ent progra3 set +orth in paragraph 5a6 o+ this subsection shall be ad3inistered in lieu o+ a custo3i:ed or co33erciall7 a8ailable nor3.re+erenced test under subsection 5&65a6 and 5b6 o+ this section.

5126 Students in grades ten 51-69 ele8en 51169 and t4el8e 5126 3a7 ta1e the !or1#e7s assess3ents +ro3 ACT9 Inc. in reading +or in+or3ation9 locating in+or3ation9 and applied 3athe3atics. 5a6 The costs o+ the initial !or1#e7s assess3ents shall be paid b7 the #entuc17 (epart3ent o+ Education i+ +unds are a8ailable +or this purpose. The cost o+ additional !or1#e7s assess3ents shall be the responsibilit7 o+ the student. 5b6 A student 4hose scores on the !or1#e7s assess3ents indicate that additional assistance is re;uired in reading +or in+or3ation9 locating in+or3ation9 or applied 3athe3atics shall ha8e inter8ention strategies +or accelerated learning incorporated into his or her learning plan. 5c6 A student 3eeting the !or1#e7s threshold established b7 the (epart3ent o+ !or1+orce In8est3ent shall be issued the appropriate #entuc17 e3plo7abilit7
%age 23 o+ 3,
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certi+icate. 5136 Acco33odations pro8ided b7 ACT9 Inc. to a student 4ith a disabilit7 ta1ing the assess3ents under subsection 51165a63. o+ this section shall consist o+* 5a6 Acco33odations pro8ided in a 3anner allo4ed b7 ACT9 Inc. 4hen results in test scores are reportable to a postsecondar7 institution +or ad3issions and place3ent purposes9 e=cept as pro8ided in paragraph 5b6 o+ this subsection? or 5b6 Acco33odations pro8ided in a 3anner allo4ed b7 a student<s indi8iduali:ed education progra3 as de+ined in #RS 1&'.2'1 +or a student 4hose disabilit7 precludes 8alid assess3ent o+ his or her acade3ic abilities using the acco33odations pro8ided under paragraph 5a6 o+ this subsection 4hen the student<s scores are not reportable to a postsecondar7 institution +or ad3issions and place3ent purposes. 5146 The assess3ents under subsections 5116 and 5126 o+ this section shall be 1no4n as the B#entuc17 !or1 and College Readiness E=a3inationB or BReadiness E=a3ination.B 51&6 #entuc17 teachers shall ha8e a signi+icant role in the design o+ the assess3ents. The assess3ents shall be designed to* 5a6 Deasure grade appropriate core acade3ic content9 basic s1ills9 and higher. order thin1ing s1ills and their application. The assess3ent shall 3easure the core content +or assess3ent used b7 the (epart3ent o+ Education during the 1,,/.,' school 7ear until the 2-11.2-12 acade3ic 7ear. The re8ised acade3ic content standards de8eloped as re;uired b7 subsection 526 o+ this section shall be used in the re8ised assess3ent progra3 +or i3ple3entation in the 2-11. 2-12 acade3ic 7ear as re;uired b7 subsection 536 o+ this section. An7 +uture re8isions to the core content +or assess3ent shall be de8eloped through a public process in8ol8ing parents? educators at the ele3entar79 secondar79 and postsecondar7 education le8els? pro+essional education ad8ocac7 groups and
%age 24 o+ 3,
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organi:ations? and business and ci8ic leaders and shall be distributed to all public schools? 5b6 %ro8ide 8alid and reliable scores +or schools. I+ scores are reported +or students indi8iduall79 the7 shall be 8alid and reliable? and 5c6 5126 5a6 Dini3i:e the ti3e spent b7 teachers and students on assess3ent. Through the +all o+ 2-119 results +ro3 the state assess3ent under this section shall be reported to the school districts and schools no later than one hundred +i+t7 51&-6 da7s +ollo4ing the +irst da7 the assess3ent can be ad3inistered. 5b6 Beginning in the +all o+ 2-129 the results +ro3 assess3ent under subsections 536 and 5&6 o+ this section shall be reported to the school districts and schools no later than se8ent7.+i8e 5/&6 da7s +ollo4ing the +irst da7 the assess3ent can be ad3inistered. 51/6 The (epart3ent o+ Education shall gather in+or3ation to establish the 8alidit7 o+ the assess3ent and accountabilit7 progra3. It shall de8elop a biennial plan +or 8alidation studies that shall include but not be li3ited to the consistenc7 o+ student results across 3ultiple 3easures9 the congruence o+ school scores 4ith docu3ented i3pro8e3ents in instructional practice and the school learning en8iron3ent9 and the potential +or all scores to 7ield +air9 consistent9 and accurate student per+or3ance le8el and school accountabilit7 decisions. Ealidation acti8ities shall ta1e place in a ti3el7 3anner and shall include a re8ie4 o+ the accurac7 o+ scores assigned to students and schools9 as 4ell as o+ the testing 3aterials. The plan shall be sub3itted to the Co33ission b7 0ul7 1 o+ the +irst 7ear o+ each bienniu3. A su33ar7 o+ the +indings shall be sub3itted to the )egislati8e Research Co33ission b7 Septe3ber 1 o+ the second 7ear o+ the bienniu3. 51'6 The (epart3ent o+ Education and the state board shall ha8e the responsibilit7 o+ assisting local school districts and schools in de8eloping and using continuous assess3ent strategies needed to assure student progress. The continuous assess3ent
%age 2& o+ 3,
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shall pro8ide diagnostic in+or3ation to i3pro8e instruction to 3eet the needs o+ indi8idual students. 51,6 No later than si=t7 52-6 da7s a+ter Darch 2&9 2--,9 the state board shall re8ise the Ad3inistration Code +or #entuc17<s Assess3ent %rogra3 to include prohibitions o+ inappropriate test preparation acti8ities b7 school district e3plo7ees charged 4ith test ad3inistration and o8ersight9 including but not li3ited to the issue o+ teachers being re;uired to do test practice in lieu o+ regular classroo3 instruction and test practice outside the nor3al 4or1 da7. The re8isions shall include disciplinar7 sanctions that 3a7 be ta1en to4ard a school or indi8iduals. 52-6 The #entuc17 Board o+ Education9 a+ter the (epart3ent o+ Education has recei8ed ad8ice +ro3 the ++ice o+ Education Accountabilit7? the School Curriculu39

Assess3ent9 and Accountabilit7 Council? and the National Technical Ad8isor7 %anel on Assess3ent and Accountabilit79 shall pro3ulgate an ad3inistrati8e regulation under #RS Chapter 13A to establish the co3ponents o+ a reporting structure +or assess3ents ad3inistered under this section. The reporting structure shall include the +ollo4ing co3ponents* 5a6 A school report card that clearl7 co33unicates 4ith parents and the public about school per+or3ance. The school report card shall be sent to the parents o+ the students o+ the districts9 and a su33ar7 o+ the results +or the district shall be published in the ne4spaper 4ith the largest circulation in the count7. It shall include but not be li3ited to the +ollo4ing co3ponents reported b7 race9 gender9 and disabilit7 4hen appropriate* 1. Student acade3ic achie8e3ent9 including the results +ro3 each o+ the assess3ents ad3inistered under this section? 2. "or Ad8anced %lace3ent and International Baccalaureate9 the courses o++ered9 the nu3ber o+ students enrolled9 co3pleting9 and ta1ing the e=a3ination +or each course9 and the percentage o+ e=a3inees recei8ing a
%age 22 o+ 3,
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score o+ three 536 or better on A% e=a3inations or a score o+ +i8e 5&6 or better on IB e=a3inations. The data shall be disaggregated b7 gender9 race9 students 4ith disabilities9 and econo3ic status. This data shall be included in the report card beginning 4ith the 2--,.2-1- acade3ic 7ear? 3. Nonacade3ic achie8e3ent9 including the school<s attendance9 retention9 graduation rates9 and student transition to adult li+e? and 4. School learning en8iron3ent9 including 3easures o+ parental

in8ol8e3ent? 5b6 An indi8idual student report to parents +or each student in grades three 536 through eight 5'6 su33ari:ing the student<s s1ills in reading and 3athe3atics. The school<s sta++ shall de8elop a plan +or accelerated learning +or an7 student 4ith identi+ied de+iciencies or strengths? 5c6 An indi8idual report +or each student 4ho ta1es a high school or college readiness e=a3ination ad3inistered under subsection 51165a6 o+ this section that* 1. 2. %ro8ides the student<s test scores? %ro8ides a @udg3ent regarding 4hether or not a student has 3et9 e=ceeded9 or +ailed to 3eet the e=pectations +or each standard assessed? and 3. Is designed to assist students9 parents9 and teachers to identi+79 assess9 and re3ed7 acade3ic de+iciencies prior to high school graduation? and 5d6 A student<s scores on the ACT e=a3ination or !or1#e7s assess3ents ad3inistered under subsections 5116 and 5126 o+ this section and the ACT e=a3ination under #RS 1&'.24&,5&6 shall be recorded on his or her o++icial high school transcript. 5216 The #entuc17 Board o+ Education shall conduct periodic align3ent studies that co3pare the nor3.re+erenced tests re;uired under subsection 5&6 o+ this section 4ith
%age 2/ o+ 3,
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the standards in the di++erent content areas to deter3ine ho4 4ell the nor3. re+erenced tests align and ade;uatel7 3easure the depth o+ 1no4ledge and breadth o+ #entuc17<s acade3ic content standards. Based on its +indings +ro3 the studies9 the board 3a7 decrease the nu3ber o+ re;uired criterion.re+erenced ite3s re;uired under subsection 5&6 o+ this section. Section 4. #RS 12-.34& is a3ended to read as +ollo4s* 516 "or the purpose o+ this section* 5a6 BDinorit7B 3eans A3erican Indian? Alas1an nati8e? A+rican.A3erican? $ispanic9 including persons o+ De=ican9 %uerto Rican9 Cuban9 and Central or South A3erican origin? %aci+ic islander? or other ethnic group

underrepresented in the school? 5b6 BSchoolB 3eans an ele3entar7 or secondar7 educational institution that is under the ad3inistrati8e control o+ a principal and is not a progra3 or part o+ another school. The ter3 BschoolB does not include district.operated schools that are* 1. E=clusi8el7 8ocational.technical9 special education9 or progra3s? 2. Instructional progra3s operated in institutions or schools outside o+ the district? or 3. Alternati8e schools designed to pro8ide ser8ices to at.ris1 populations 4ith uni;ue needs? 5c6 BTeacherB 3eans an7 person +or 4ho3 certi+ication is re;uired as a basis o+ e3plo73ent in the public schools o+ the state9 4ith the e=ception o+ principals and assistant principals? and 5d6 B%arentB 3eans* 1. 2.
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preschool

A parent9 stepparent9 or +oster parent o+ a student? or A person 4ho has legal custod7 o+ a student pursuant to a court order
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and 4ith 4ho3 the student resides. 526 Each local board o+ education shall adopt a polic7 +or i3ple3enting school.based decision 3a1ing in the district 4hich shall include9 but not be li3ited to9 a description o+ ho4 the district<s policies9 including those de8eloped pursuant to #RS 12-.34-9 ha8e been a3ended to allo4 the pro+essional sta++ 3e3bers o+ a school to be in8ol8ed in the decision 3a1ing process as the7 4or1 to 3eet educational goals established in #RS 1&'.24& and 1&'.24&1. The polic7 3a7 include a re;uire3ent that each school council 3a1e an annual report at a public 3eeting o+ the board describing the school<s progress in 3eeting the educational goals set +orth in #RS 1&'.24&1 and district goals established b7 the board. The polic7 shall also address and co3pl7 4ith the +ollo4ing* 5a6 E=cept as pro8ided in paragraph 5b62. o+ this subsection9 each participating school shall +or3 a school council co3posed o+ t4o 526 parents9 three 536 teachers9 and the principal or ad3inistrator. The 3e3bership o+ the council 3a7 be increased9 but it 3a7 onl7 be increased proportionatel7. A parent representati8e on the council shall not be an e3plo7ee or a relati8e o+ an e3plo7ee o+ the school in 4hich that parent ser8es9 nor shall the parent representati8e be an e3plo7ee or a relati8e o+ an e3plo7ee in the district ad3inistrati8e o++ices. A parent representati8e shall not be a local board 3e3ber or a board 3e3ber<s spouse. None o+ the 3e3bers shall ha8e a con+lict o+ interest pursuant to #RS Chapter 4&A9 e=cept the salar7 paid to district e3plo7ees? 5b6 1. The teacher representati8es shall be elected +or one 516 7ear ter3s b7 a 3a@orit7 o+ the teachers. A teacher elected to a school council shall not be in8oluntaril7 trans+erred during his or her ter3 o+ o++ice. The parent representati8es shall be elected +or one 516 7ear ter3s. The parent 3e3bers shall be elected b7 the parents o+ students preregistered to
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attend the school during the ter3 o+ o++ice in an election conducted b7 the parent and teacher organi:ation o+ the school or9 i+ none e=ists9 the largest organi:ation o+ parents +or3ed +or this purpose. A school council9 once elected9 3a7 adopt a polic7 setting di++erent ter3s o+ o++ice +or parent and teacher 3e3bers subse;uentl7 elected. The principal shall be the chair o+ the school council. 2. School councils in schools ha8ing eight percent 5'F6 or 3ore 3inorit7 students enrolled9 as deter3ined b7 the enroll3ent on the preceding ctober 19 shall ha8e at least one 516 3inorit7 3e3ber. I+ the council +or3ed under paragraph 5a6 o+ this subsection does not ha8e a 3inorit7 3e3ber9 the principal9 in a ti3el7 3anner9 shall be responsible +or carr7ing out the +ollo4ing* a. rgani:ing a special election to elect an additional 3e3ber. The principal shall call +or no3inations and shall noti+7 the parents o+ the students o+ the date9 ti3e9 and location o+ the election to elect a 3inorit7 parent to the council b7 ballot? and b. Allo4ing the teachers in the building to select one 516 3inorit7 teacher to ser8e as a teacher 3e3ber on the council. I+ there are no 3inorit7 teachers 4ho are 3e3bers o+ the +acult79 an additional teacher 3e3ber shall be elected b7 a 3a@orit7 o+ all teachers. Ter3 li3itations shall not appl7 +or a 3inorit7 teacher 3e3ber 4ho is the onl7 3inorit7 on +acult7? 5c6 1. The school council shall ha8e the responsibilit7 to set school polic7 consistent 4ith district board polic7 4hich shall pro8ide an en8iron3ent to enhance the students< achie8e3ent and help the school 3eet the goals established b7 #RS 1&'.24& and 1&'.24&1. The principal shall be the pri3ar7 ad3inistrator and the instructional leader o+ the school9 and 4ith
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the assistance o+ the total school sta++ shall ad3inister the policies established b7 the school council and the local board. 2. I+ a school council establishes co33ittees9 it shall adopt a polic7 to +acilitate the participation o+ interested persons9 including9 but not li3ited to9 classi+ied e3plo7ees and parents. The polic7 shall include the nu3ber o+ co33ittees9 their @urisdiction9 co3position9 and the process +or 3e3bership selection? 5d6 The school council and each o+ its co33ittees shall deter3ine the +re;uenc7 o+ and agenda +or their 3eetings. Datters relating to +or3ation o+ school councils that are not pro8ided +or b7 this section shall be addressed b7 local board polic7? 5e6 The 3eetings o+ the school council shall be open to the public and all interested persons 3a7 attend. $o4e8er9 the e=ceptions to open 3eetings pro8ided in #RS 21.'1- shall appl7? 5+6 A+ter recei8ing noti+ication o+ the +unds a8ailable +or the school +ro3 the local board9 the school council shall deter3ine9 4ithin the para3eters o+ the total a8ailable +unds9 the nu3ber o+ persons to be e3plo7ed in each @ob classi+ication at the school. The council 3a7 3a1e personnel decisions on 8acancies occurring a+ter the school council is +or3ed but shall not ha8e the authorit7 to reco33end trans+ers or dis3issals? 5g6 The school council shall deter3ine 4hich te=tboo1s9 instructional 3aterials9 and student support ser8ices shall be pro8ided in the school. Sub@ect to a8ailable resources9 the local board shall allocate an appropriation to each school that is ade;uate to 3eet the school<s needs related to instructional 3aterials and school.based student support ser8ices9 as deter3ined b7 the school council. The school council shall consult 4ith the school 3edia librarian on the 3aintenance o+ the school librar7 3edia center9 including the purchase
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o+ instructional 3aterials9 in+or3ation technolog79 and e;uip3ent? 5h6 %ersonnel decisions at the school le8el shall be as +ollo4s* 1. "ro3 a list o+ ;uali+ied applicants sub3itted b7 the local superintendent9 the principal at the participating school shall select personnel to +ill 8acancies9 a+ter consultation 4ith the school council9 consistent 4ith paragraph 5i611. o+ this subsection. The superintendent shall pro8ide additional applicants to the principal upon re;uest 4hen ;uali+ied applicants are a8ailable. The superintendent 3a7 +or4ard to the school council the na3es o+ ;uali+ied applicants 4ho ha8e pending certi+ication +ro3 the Education %ro+essional Standards Board based on recent co3pletion o+ preparation re;uire3ents9 out.o+.state preparation9 or alternati8e routes to certi+ication pursuant to #RS 121.-2' and 121.-4'. Re;uests +or trans+er shall con+or3 to an7 e3plo7er.e3plo7ee bargained contract 4hich is in e++ect? 2. I+ the 8acanc7 to be +illed is the position o+ principal9 the outgoing principal shall not ser8e on the council during the principal selection process. The superintendent or the superintendent<s designee shall ser8e as the chair o+ the council +or the purpose o+ the hiring process and shall ha8e 8oting rights during the selection process. The council shall ha8e access to the applications o+ all persons certi+ied +or the position. The principal shall be elected on a 3a@orit7 8ote o+ the 3e3bership o+ the council. No principal 4ho has been pre8iousl7 re3o8ed +ro3 a position in the district +or cause 3a7 be considered +or appoint3ent as principal. The school council shall recei8e training in recruit3ent and inter8ie4ing techni;ues prior to carr7ing out the process o+ selecting a principal. The council shall select the trainer to deli8er the training? 3.
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%ersonnel decisions 3ade at the school le8el under the authorit7 o+

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subparagraphs 1.9 2.9 and 4. o+ this paragraph shall be binding on the superintendent 4ho co3pletes the hiring process? 4. I+ the 8acanc7 +or the position o+ principal occurs in a school that has an inde= score that places it in the lo4est one.third 51G36 o+ all schools belo4 the assistance line and the school has co3pleted a scholastic audit under #RS 1&'.24&& that includes +indings o+ lac1 o+ e++ecti8eness o+ the principal and school council9 the superintendent shall appoint the principal a+ter consulting 4ith the school council? &. Applicants subse;uentl7 e3plo7ed shall pro8ide e8idence that the7 are certi+ied prior to assu3ing the duties o+ a position in accordance 4ith #RS 121.-2-? and 2. Not4ithstanding other pro8isions o+ this paragraph9 i+ the applicant is the spouse o+ the superintendent and the applicant 3eets the ser8ice re;uire3ents o+ #RS 12-.3'-5265e69 the applicant shall onl7 be e3plo7ed upon the reco33endation o+ the principal and the appro8al o+ a 3a@orit7 8ote o+ the school council? 5i6 The school council shall adopt a polic7 to be i3ple3ented b7 the principal in the +ollo4ing additional areas* 1. (eter3ination o+ curriculu39 including needs assess3ent9 curriculu3 de8elop3ent and responsibilities under #RS 1&'.24&35/6 based on the academic content standards ado#ted by the local board of education in accordance with &ections 1 and / of this Act? 2. 3. 4. Assign3ent o+ all instructional and noninstructional sta++ ti3e? Assign3ent o+ students to classes and progra3s 4ithin the school? (eter3ination o+ the schedule o+ the school da7 and 4ee19 sub@ect to the beginning and ending ti3es o+ the school da7 and school calendar 7ear as established b7 the local board?
%age 33 o+ 3,
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&. 2. /.

(eter3ination o+ use o+ school space during the school da7? %lanning and resolution o+ issues regarding instructional practices? Selection and i3ple3entation o+ discipline and classroo3 3anage3ent techni;ues as a part o+ a co3prehensi8e school sa+et7 plan9 including responsibilities o+ the student9 parent9 teacher9 counselor9 and principal?

'.

Selection o+ e=tracurricular progra3s and deter3ination o+ policies relating to student participation based on acade3ic ;uali+ications and attendance re;uire3ents9 progra3 e8aluation9 and super8ision?

,. 1-.

Adoption o+ an e3ergenc7 plan as re;uired in #RS 1&'.122? %rocedures9 consistent 4ith local school board polic79 +or deter3ining align3ent 4ith state standards9 technolog7 utili:ation9 and progra3 appraisal? and

11.

%rocedures to assist the council 4ith consultation in the selection o+ personnel b7 the principal9 including but not li3ited to 3eetings9 ti3elines9 inter8ie4s9 re8ie4 o+ 4ritten applications9 and re8ie4 o+ re+erences. %rocedures shall address situations in 4hich 3e3bers o+ the council are not a8ailable +or consultation? and

5@6

Each school council shall annuall7 re8ie4 data as sho4n on state and local student assess3ents and progra3 assess3ents re;uired under #RS 1&'.24&3. The data shall include but not be li3ited to in+or3ation on per+or3ance le8els o+ all students tested9 and in+or3ation on the per+or3ance o+ students disaggregated b7 race9 gender9 disabilit79 and participation in the +ederal +ree and reduced price lunch progra3. A+ter co3pleting the re8ie4 o+ data9 each school council9 4ith the in8ol8e3ent o+ parents9 +acult79 and sta++9 shall de8elop and adopt a plan to ensure that each student 3a1es progress to4ard 3eeting the goals set +orth in #RS 1&'.24& and 1&'.24&15165b6 b7 April 1 o+ each 7ear and sub3it the plan to the superintendent and local board o+
%age 34 o+ 3,

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education +or re8ie4 as described in #RS 12-.34-. The #entuc17 (epart3ent o+ Education shall pro8ide each school council the data needed to co3plete the re8ie4 re;uired b7 this paragraph no later than No8e3ber 1 o+ each 7ear. I+ a school does not ha8e a council9 the re8ie4 shall be co3pleted b7 the principal 4ith the in8ol8e3ent o+ parents9 +acult79 and sta++. 536 The policies adopted b7 the local board to i3ple3ent school.based decision 3a1ing shall also address the +ollo4ing* 5a6 School budget and ad3inistration9 including* discretionar7 +unds? acti8it7 and other school +unds? +unds +or 3aintenance9 supplies9 and e;uip3ent? and procedures +or authori:ing rei3burse3ent +or training and other e=penses? 5b6 Assess3ent o+ indi8idual student progress9 including testing and reporting o+ student progress to students9 parents9 the school district9 the co33unit79 and the state? 5c6 School i3pro8e3ent plans9 including the +or3 and +unction o+ strategic planning and its relationship to district planning9 as 4ell as the school sa+et7 plan and re;uests +or +unding +ro3 the Center +or School Sa+et7 under #RS 1&'.442? 5d6 5e6 %ro+essional de8elop3ent plans de8eloped pursuant to #RS 1&2.-,&? %arent9 citi:en9 and co33unit7 participation including the relationship o+ the council 4ith other groups? 5+6 Cooperation and collaboration 4ithin the district9 4ith other districts9 and 4ith other public and pri8ate agencies? 5g6 5h6 5i6 546 Re;uire3ents +or 4ai8er o+ district policies? Re;uire3ents +or record 1eeping b7 the school council? and A process +or appealing a decision 3ade b7 a school council.

In addition to the authorit7 granted to the school council in this section9 the local board 3a7 grant to the school council an7 other authorit7 per3itted b7 la4. The
%age 3& o+ 3,

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board shall 3a1e a8ailable liabilit7 insurance co8erage +or the protection o+ all 3e3bers o+ the school council +ro3 liabilit7 arising in the course o+ pursuing their duties as 3e3bers o+ the council. 5&6 All schools shall i3ple3ent school.based decision 3a1ing in accordance 4ith this section and 4ith the polic7 adopted b7 the local board pursuant to this section. Cpon +a8orable 8ote o+ a 3a@orit7 o+ the +acult7 at the school and a 3a@orit7 o+ at least t4ent7.+i8e 52&6 8oting parents o+ students enrolled in the school9 a school 3eeting its goal as deter3ined b7 the (epart3ent o+ Education pursuant to #RS 1&'.24&& 3a7 appl7 to the #entuc17 Board o+ Education +or e=e3ption +ro3 the re;uire3ent to i3ple3ent school.based decision 3a1ing9 and the state board shall grant the e=e3ption. The 8oting b7 the parents on the 3atter o+ e=e3ption +ro3 i3ple3enting school.based decision 3a1ing shall be in an election conducted b7 the parent and teacher organi:ation o+ the school or9 i+ none e=ists9 the largest organi:ation o+ parents +or3ed +or this purpose. Not4ithstanding the pro8isions o+ this section9 a local school district shall not be re;uired to i3ple3ent school.based decision 3a1ing i+ the local school district contains onl7 one 516 school. 526 The (epart3ent o+ Education shall pro8ide pro+essional de8elop3ent acti8ities to assist schools in i3ple3enting school.based decision 3a1ing. School council 3e3bers elected +or the +irst ti3e shall co3plete a 3ini3u3 o+ si= 526 cloc1 hours o+ training in the process o+ school.based decision 3a1ing9 no later than thirt7 53-6 da7s a+ter the beginning o+ the ser8ice 7ear +or 4hich the7 are elected to ser8e. School council 3e3bers 4ho ha8e ser8ed on a school council at least one 516 7ear shall co3plete a 3ini3u3 o+ three 536 cloc1 hours o+ training in the process o+ school.based decision 3a1ing no later than one hundred t4ent7 512-6 da7s a+ter the beginning o+ the ser8ice 7ear +or 4hich the7 are elected to ser8e. E=perienced 3e3bers 3a7 participate in the training +or ne4 3e3bers to +ul+ill their training re;uire3ent. School council training re;uired under this subsection shall be
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conducted b7 trainers endorsed b7 the (epart3ent o+ Education. B7 No8e3ber 1 o+ each 7ear9 the principal through the local superintendent shall +or4ard to the (epart3ent o+ Education the na3es and addresses o+ each council 3e3ber and 8eri+7 that the re;uired training has been co3pleted. School council 3e3bers elected to +ill a 8acanc7 shall co3plete the applicable training 4ithin thirt7 53-6 da7s o+ their election. 5/6 A school that chooses to ha8e school.based decision 3a1ing but 4ould li1e to be e=e3pt +ro3 the ad3inistrati8e structure set +orth b7 this section 3a7 de8elop a 3odel +or i3ple3enting school.based decision 3a1ing9 including but not li3ited to a description o+ the 3e3bership9 organi:ation9 duties9 and responsibilities o+ a school council. The school shall sub3it the 3odel through the local board o+ education to the co33issioner o+ education and the #entuc17 Board o+ Education9 4hich shall ha8e +inal authorit7 +or appro8al. The application +or appro8al o+ the 3odel shall sho4 e8idence that it has been de8eloped b7 representati8es o+ the parents9 students9 certi+ied personnel9 and the ad3inistrators o+ the school and that t4o.thirds 52G36 o+ the +acult7 ha8e agreed to the 3odel. 5'6 The #entuc17 Board o+ Education9 upon reco33endation o+ the co33issioner o+ education9 shall adopt b7 ad3inistrati8e regulation a +or3ula b7 4hich school district +unds shall be allocated to each school council. Included in the school council +or3ula shall be an allocation +or pro+essional de8elop3ent that is at least si=t7.+i8e percent 52&F6 o+ the district<s per pupil state allocation +or pro+essional de8elop3ent +or each student in a8erage dail7 attendance in the school. The school council shall plan pro+essional de8elop3ent in co3pliance 4ith re;uire3ents speci+ied in #RS 1&2.-,&9 e=cept as pro8ided in #RS 1&'.24,. School councils o+ s3all schools shall be encouraged to 4or1 4ith other school councils to 3a=i3i:e pro+essional de8elop3ent opportunities. 5,6 5a6 No board 3e3ber9 superintendent o+ schools9 district e3plo7ee9 or 3e3ber o+
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a school council shall intentionall7 engage in a pattern o+ practice 4hich is detri3ental to the success+ul i3ple3entation o+ or circu38ents the intent o+ school.based decision 3a1ing to allo4 the pro+essional sta++ 3e3bers o+ a school and parents to be in8ol8ed in the decision 3a1ing process in 4or1ing to4ard 3eeting the educational goals established in #RS 1&'.24& and 1&'.24&1 or to 3a1e decisions in areas o+ polic7 assigned to a school council pursuant to paragraph 5i6 o+ subsection 526 o+ this section. 5b6 An a++ected part7 4ho belie8es a 8iolation o+ this subsection has occurred 3a7 +ile a 4ritten co3plaint 4ith the ++ice o+ Education Accountabilit7. The o++ice shall in8estigate the co3plaint and resol8e the con+lict9 i+ possible9 or +or4ard the 3atter to the #entuc17 Board o+ Education. 5c6 The #entuc17 Board o+ Education shall conduct a hearing in accordance 4ith #RS Chapter 13B +or co3plaints re+erred b7 the Accountabilit7. 5d6 I+ the state board deter3ines a 8iolation has occurred9 the part7 shall be sub@ect to repri3and. A second 8iolation o+ this subsection 3a7 be grounds +or re3o8ing a superintendent9 a 3e3ber o+ a school council9 or school board 3e3ber +ro3 o++ice or grounds +or dis3issal o+ an e3plo7ee +or 3isconduct in o++ice or 4ill+ul neglect o+ dut7. 51-6 Not4ithstanding subsections 516 to 5,6 o+ this section9 a school<s right to establish or 3aintain a school.based decision 3a1ing council and the po4ers9 duties9 and authorit7 granted to a school council 3a7 be rescinded or the school council<s role 3a7 be ad8isor7 i+ the co33issioner o+ education or the #entuc17 Board o+ Education ta1es action under #RS 12-.342. 5116 Each school council o+ a school containing grades #.& or an7 co3bination thereo+9 or i+ there is no school council9 the principal9 shall de8elop and i3ple3ent a 4ellness polic7 that includes 3oderate to 8igorous ph7sical acti8it7 each da7 and encourages
%age 3' o+ 3,
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health7 choices a3ong students. The polic7 3a7 per3it ph7sical acti8it7 to be considered part o+ the instructional da79 not to e=ceed thirt7 53-6 3inutes per da79 or one hundred and +i+t7 51&-6 3inutes per 4ee1. Each school council9 or i+ there is no school council9 the principal9 shall adopt an assess3ent tool to deter3ine each child<s le8el o+ ph7sical acti8it7 on an annual basis. The council or principal 3a7 utili:e an e=isting assess3ent progra3. The #entuc17 (epart3ent o+ Education shall 3a1e a8ailable a list o+ a8ailable resources to carr7 out the pro8isions o+ this subsection. The depart3ent shall report to the )egislati8e Research Co33ission no later than No8e3ber 1 o+ each 7ear on ho4 the schools are pro8iding ph7sical acti8it7 under this subsection and on the t7pes o+ ph7sical acti8it7 being pro8ided. The polic7 de8eloped b7 the school council or principal shall co3pl7 4ith pro8isions re;uired b7 +ederal la49 state la49 or local board polic7.

%age 3, o+ 3,
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