In this issue:
- KDE, health officials discuss request to delay in-person classes in board member webcast
- Title IX Sexual Harassment Training Resources
- Boards can grant emergency leave
- COVID-19 liability exposure
- District reporting of child abuse and neglect
- 2020 Virtual Fall Regional Meetings
- KSBA now accepting nominations for Regional Chairperson elections
- Kentucky First Lady, Lt. Governor team up for Coverings for Kids program
- Learn & Earn finance training available Sept. 9
- KSBA Value of Membership
- August Kentucky School Advocate available online
- KSBA in the News
- Poll Question
- Upcoming dates, deadlines and events
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KDE, health officials discuss request to delay in-person classes in board member webcast
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Gov. Andy Beasher on Aug. 10 asked all Kentucky schools to delay in-person instruction until after Sept. 28. As of Friday morning, 126 of Kentucky’s 171 public school districts had said they would comply with the governor’s request.
However, at least seven districts decided to go ahead with in-person classes, including Green County Schools which is scheduled to welcome students back on Monday, Aug. 17.
During a Thursday night webcast with local board members, Interim Commissioner Kevin Brown urged districts to abide by the request citing the increased risk for transmitting the virus. Nearly 400 people watched the webcast which include KDE officials, Lt. Gov. Jackie Coleman and Kentucky public health officials.
Brown said the webcast was in response to controversy surrounding the governor’s recommendation.
“What I am asking local boards of education to do as the chief state schools officer and the interim commissioner of education is to use your position of authority to make responsible decisions based on the expert guidance from those at the state level,” he said, “and I’m talking about the people at public health, to make the decision to delay in-person classes.
“Having said that, we recognize that it is a local decision. While I believe we should have 171 districts that are using that position authority to make responsible decisions, I already know we aren’t going to achieve that,” Brown said.
If districts decide to open before Sept. 28, Brown urged them to work with their local health department on a plan to test students and teachers for coronavirus, abide by all of the Healthy at School guidance including the optional best practices and talk to their board attorney about insurance liability.
Brown said he has talked to nine or 10 districts who were considering not following the recommendation. But he notes that KDE will not stop any district from opening.
For example, when Green County starts on Monday, “the department is not going to show up down there with a KDE enforcement squad and prevent Green County from going to school on Monday,” Brown said. “They are going to school and follow their Healthy at School plan.”
But with the virus at high levels across the state, Brown said it’s unlikely that even the best back to school plans will be successful. If an outbreak occurs, school could be delayed again by health departments, he said.
“I believe there is a time when all of those plans people worked on are going to be really important, I just believe we have to be patient enough to do it at the right time,” he said.
Beshear said that he understands that virtual instruction can’t replace in-person learning and that not being at school can affect students’ mental health. But the risk is too great, he said.
“I just appeal to our schools, I believe that this is a significant risk to the life and health of teachers, of students and of the parents they come home to, of the caregivers,” he said. “I believe in public education, I'm a product of it, I want our kids to be in school, but I'm not going to experiment with our kids.”
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As districts plan and prepare for implementation of the new Title IX Rule (effective today), it will it is necessary to post new information on district websites. The new Title IX Rule specifically requires school districts to post:
- The contact information for the school’s Title IX Coordinator(s) (TIXC);
- The school’s non-discrimination policy; and
- Training materials used to train the school’s Title IX personnel.
KSBA sent new Title IX Sexual Harassment policies and procedures to districts in an Interim Update on July 28. Additionally, the TIXC’s contact information must be provided in all handbooks and publications. KSBA has posted training materials on its website.
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Boards can grant emergency leave
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When the school year begins, local boards of education will have the flexibility to grant unlimited emergency leave to district employees.
The Kentucky Board of Education (KBE) at its Aug. 6 meeting adopted an emergency regulation that gives boards the authority to approve additional emergency leave due to COVID-19. The change was needed because, under state statute, boards could only grant three days.
The emergency regulation mirrors Senate Bill 177 which allowed boards to grant unlimited leave through the end of the 2019-20 school year.
KSBA has composed a sample resolution for school boards to use to grant district employees additional days of COVID-19-related emergency leave. Providing this new emergency leave is optional. Based on discussion during the KBE meeting, additional guidance on this regulation may be issued.
There is also existing federal leave provided under the Families First Coronavirus Response Act through Dec. 31. Boards should also consult with district legal counsel.
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COVID-19 liability exposure
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Many local board members have raised questions about possible COVID-19 related legal liability to the district, the board or individual board members. Todd Allen, interim general counsel for KDE, along with the Kentucky Association of School Administrators and representatives of one of the largest providers of insurance coverage to Kentucky school districts, discussed this topic during the June 9 KDE superintendent webcast.
There is no guarantee as to the limits of your possible liability exposure, but KSBA believes the information Allen presented is accurate and well-describes the nature of immunity that a district, board and board members may have so long as they act in good faith, and follow all mandatory government orders and required actions.
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District reporting of child abuse and neglect
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Despite this drop in reporting, abuse and neglect likely increased across the state, due in part to family stress related to the pandemic. School districts and their employees represent the top source of the Commonwealth’s reporting of child abuse and neglect.
The Kentucky Department of Education and Cabinet for Health and Family Services staff will be releasing guidance on ways schools can meet the needs of students in foster care, and steps districts can take to protect at-risk students. KSBA will share this guidance as soon as it is finalized.
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Click the video above for a special message from KSBA Executive Director Kerri Schelling.
In light of the current pandemic, and after much discussion with KSBA’s regional chairpersons and board officers, the association has made the decision to offer this year’s regional gatherings as virtual meetings. While the format will be different, participants can expect the same quality training and regional flair that have made these events so popular.
More detailed regional meeting information, including specific meeting times and registration instructions, will be distributed by your region's host district in the weeks prior to each meeting. If you do not receive the information at least two weeks prior to your region’s scheduled meeting, please contact KSBA at your earliest convenience. For questions, please contact Laura Cole at 800-372-2962 or Laura.Cole@ksba.org.
Check KSBA’s Regional Meeting page for additional information and updates, including the dates for each regional meeting.
Note: If you have a conflict on the date of your assigned region’s meeting, you may request to attend another region’s meeting by contacting the host region directly.
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KSBA now accepting nominations for 2020 regional chairperson elections
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This fall, six regional chair seats on KSBA’s board of directors will be up for election. Regional chairs are in a unique position to serve as liaisons for our fall regional meetings while also contributing as members of the association’s board of directors. KSBA will distribute nomination information to board members and superintendents within regions where elections are to be held. Election forms, instructions and submission deadlines can also be downloaded from the Regional Meeting page of KSBA’s website.
The six regional chair positions up for election this fall are Northern Kentucky, Middle Cumberland, Second, Eastern Kentucky South, Fourth and Upper Cumberland.
If you have questions about these elections, or about regional chairperson service, please contact KSBA Executive Director Kerri Schelling at 859-492-1497 or via email.
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Ky. First Lady, Lt. Gov. team up for Coverings for Kids program
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Kentucky First Lady Britainy Beshear and Lt. Gov. Jacqueline Coleman are teaming up to encourage donations of cloth face masks to school districts across the state.
The Coverings for Kids program began accepting donations of child- and adult-sized masks for students earlier this week. Donors can buy masks to donate or make them at home. The masks will be available free to all students, educators or school staff who need one.
Districts starting the school year with non-traditional instruction (NTI) or that transition to NTI during the year also can participate.
“Wear It For Me” Campaign
The Foundation for a Healthy Kentucky, the Kentucky Medical Association (KMA) and the Kentucky Foundation for Medical Care launched a campaign in late July called “Wear It For Me.”
The campaign features residents of the Commonwealth sharing personal reasons for following public health advice to wear a mask in public indoor spaces when they cannot maintain a six-foot distance from people not in their household.
"We can't know the stories of every person we come near at the grocery store or anyplace else where we have to go inside," said Ben Chandler, president/CEO of the Foundation. "Wearing a mask over both the nose and mouth and staying six feet apart in public is the fastest way we can get back to some kind of normal, where fewer Kentuckians get sick, fewer Kentuckians die, and fewer Kentucky businesses close again-either short-term or forever."
The campaign will run through August. The graphics and PSAs are available for download.
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Join KSBA the second Wednesday of each month for an hour of meaningful board member training. Our “Learn & Earn” webinar series offers helpful topics while providing school board members with state-required training credits. All sessions will run from noon – 1 p.m. (ET) at a cost of $50 per session.
For questions contact Laura Cole, KSBA director of Board Team Development, via email or at 800-372-2962.
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Since 1936, the Kentucky School Boards Association has thrived as Kentucky’s leading advocate for public school boards. KSBA empowers locally elected school board members and the districts they represent through a host of member services and resources. In the wake of unprecedented strain on our Commonwealth's system of common schools, the value of association membership has never been so clear. View a summary of just some of the benefits KSBA provides to members.
Across the Board: Service, Support and Success
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August Kentucky School Advocate available online
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Also in the August issue of the Advocate:
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KSBA is often called on by media outlets to discuss important school-related issues. Here is a story to which your association contributed in recent weeks.
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Do you agree with Gov. Beshear's statewide recommendation to delay the opening of schools?
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Upcoming dates, deadlines and events
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KSBA is accepting nominations for its PEAK Award. The deadline is Sept. 22 and more information is available on our website.
The PEAK (Public Education Achieves in Kentucky) Award has been shining a spotlight on outstanding programs in the state since its inception in 1997 and this fall will mark the 52nd time that KSBA will honor a program with a PEAK Award.
The prestigious award recognizes outstanding public school efforts aimed at enhancing student learning skills and, in doing so, promotes the positive impact of public education in the Commonwealth.
The entry guidelines and links to stories on some of the recent winners, are available on our website. If you have questions, please email or call Matt McCarty at 800-372-2962 ext. 1209.
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This edition of KSBA Aware is made possible in part
by the following KSBA Affiliate Members.
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Kentucky School Boards Association | 502-695-4630 | ksba.org
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