In this issue:
- School Funding Task Force meets
- Council for Better Education files suit over HB 563
- Bills filed to prevent the teaching of critical race theory
- Register now for Summer Leadership Institute, July 16-17
- July Learn and Earn highlights equity programming of Owensboro Inddependent
- Districts must engage stakeholders in coronavirus relief spending
- Updated board policies must be filed by Aug. 15
- KSBA board officers announce member book study
- KOSAA aims to "change the game" at summer meeting
- KSBA launches online store for association apparel
- Current KSBA superintendent searches
- June issue of Kentucky School Advocate available online
- Upcoming dates, deadlines and events
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School funding task force meets
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A task force designed to review how Kentucky funds K-12 education held its first meeting June 14. The group, created by House Bill 405, is made up of legislators who will review the state’s current funding mechanism and compare it with other states.
“I was looking back at 1989, we had the Rose decision, it’s been 32 years and a lot has happened since then. It’s always good to go back and examine and reflect on the product we have,” said Rep. James Tipton, R-Taylorsville, who co-chairs the group with Sen. Max Wise, R-Campbellsville. “I’m not saying we are going to throw everything out but we want to keep an open mind … and hopefully there will be good recommendations to come out of this.”
In addition to the legislators, three locally elected school board members and three superintendents were invited to participate in the meetings of the School Funding Task Force. The board members are KSBA president Davonna Page, of Russellville Ind., Tom Haggard, of Covington Ind., and Brenda Jackson, of Shelby County Schools. The superintendents are Paul Mullins, of Logan County, Mike Borchers, of Ludlow Ind., and Robbie Fletcher, of Lawrence County.
During the first meeting, Kentucky Department of Education Associate Commissioner Robin Kinney and Division of District Support Director Chay Ritter gave an overview of SEEK (Support Education Excellence in Kentucky), the state’s education funding allocation formula.
Ritter explained how, under the formula, when a district’s property assessments increase, its share of state funds will generally decrease because SEEK was designed to make school funding more equal across the state.
“There are two legs to this stool, state money and local money. The locals only have so many options, quite frankly, to generate funding,” he said. That’s why boards face such a big decision every year on whether to set taxes at a rate that will general 4 percent in new revenue, he said.
Page also noted that of boards’ limited options, several are subject to recall.
Any recommendations from the group will be submitted to the LRC by Dec. 1, ahead of the 2022 legislative session.
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Council for Better Education files suit over HB 563
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The Council for Better Education (CBE) has filed a lawsuit over the education opportunity account tax credit portion of House Bill 563.
The suit, filed June 7 in Franklin Circuit Court, contends that the tax credit portion of the bill is unconstitutional because it sends public dollars to private schools through tax credits.
The state constitution “demands that public funds be used to improve public schools in Kentucky and prohibits public money from being shifted to unaccountable private schools,” CBE, a nonprofit made up of 168 districts, said in a news release announcing the litigation.
In 1984, CBE filed a lawsuit over public school funding which resulted in the 1989 landmark Kentucky Supreme Court decision in Rose v. Council for Better Education.
In that ruling the court said the General Assembly had an obligation under the state’s constitution to provide for and oversee an efficient system of common schools.
In the new lawsuit, the group contends that the state’s “constitution requires any programs that fund schools other than the common schools be approved by Kentucky voters,” CBE said in its release.
Along with CBE, Frankfort Independent Schools and Warren County Schools, whose boards of education recently voted to join the litigation, are co-plaintiffs along with three parents of public school students.
Under HB 563, which is set to become law on June 29, the state will forgo up to $25 million annually for five years in tax credits to donors who give to organizations that award funds to education opportunity accounts. Donors can recoup up to $1 million per year in state tax credits.
Students who reside in counties with at least 90,000 residents will be allowed to use these accounts to pay private school tuition.
The complaint claims that the accounts are a workaround “to avoid the plain constitutional prohibition against the public funding of unaccountable private schools” but the result is the same, “state expenditures will impermissibly fund private schools.”
The lawsuit, which was filed against the state Department of Revenue, asks the court to issue a temporary injunction to prevent that agency from implementing the tax credit portion of the bill. The next hearing in the case is scheduled for June 24.
When he vetoed the bill, Gov. Andy Beshear speculated that someone was likely to challenge the bill’s constitutionality, as did some proponents of the bill as it moved through the legislature.
Though KSBA is not a party to the lawsuit, the association noted in a statement that the lawsuit is not “the first time our state courts have weighed in on public education funding questions. A body of jurisprudence has formed over many decades, staking the parameters of school funding, including what the state or local boards can or cannot do with funding.”
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Bills filed to prevent the teaching of critical race theory
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Several Kentucky legislators have pre-filed two bills for the next General Assembly that seek to limit how teachers can discuss race and other issues in the classroom.
The bills, Bill Request 60 filed by Rep. Joe Fischer, R-Ft. Thomas, and Bill Request 69 filed by Reps. Matt Lockett, R-Nicholasville, and Jennifer Decker, R-Waddy, would prohibit schools from teaching “designated concepts related to race, sex and religion.”
The legislation makes Kentucky of one of 21 states where lawmakers have sought to ban the discussion of systemic racism, according to EdWeek. Versions of the legislation have already passed in Texas and Tennessee and last week the Florida state board of education passed new guidelines on how teachers can teach U.S. history.
Under Kentucky’s proposed bills, schools and teachers who violate the prohibitions would be penalized. Fischer’s bill would fine school districts $5,000 per day and Lockett and Decker’s bill would allow for teacher’s certifications to be revoked.
Fischer has said he filed the bill at the request of constituents who were concerned about Fort Thomas Independent’s Highlands High School’s plans to offer a social equity class.
Education Commissioner Jason Glass addressed the bills during the June 8 Superintendent’s Webcast saying that Kentucky has a long history of local control of curriculum and the bills are a “troubling trend of the state attempting to reach into classrooms and direct what can or cannot be said or discussed in the classroom.”
In a statement, KSBA noted the association also supports protecting and strengthening local decision making.
“Broad curricular mandates enacted by statute to either teach or not teach certain topics – particularly those on which state education funding hinges – potentially undermine a local community’s ability to respond to the needs and interests of its students and families,” the statement said. “We have traditionally held that decisions pertaining to curriculum are best made by school district personnel working closely with parents and with ongoing assistance from the department of education.”
KET’s “Kentucky Tonight” discussed the issue on Monday. The show will also air at 6 p.m. ET on June 16, on the KETKY channel, and is available online.
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Register now for 2021 Summer Leadership Institute
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Registration is open for KSBA’s 2021 Summer Leadership Institute to be held July 16-17 at the Marriott Griffin Gate in Lexington. View a downloadable conference schedule and printable registration form. This year's event features a strong lineup of pre-conference offerings, timely keynote topics, a wide array of breakout session opportunities, trade show and an atmosphere ideal for networking. Easy online registration for conference attendees can be accessed via the "Register Now" button below. Information on special conference rate hotel accommodations (available for a limited time) can be found on the SLI page of KSBA's website.
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July webinar highlights equity programming of Owensboro Ind. Schools
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For the July 14 installment of KSBA’s popular monthly Learn and Earn webinar series, KSBA presents "Equity: Organizing, Mobilizing and Advocating for Students and Families.”
The Owensboro Independent Schools, in response to the recent racial equity and justice issues in our state and country, has undertaken a comprehensive approach to ensuring all students, regardless of color and/or gap group, are given the same opportunities for success. OPS is the largest independent school district in the state with nearly a third of its 5,000 students identifying as students of color. Join Owensboro Independent board member Michael Johnson and superintendent Matthew Constant as they discuss the origins of the district’s Equity Task Force, the partnership with Hanover Research group, the ambitious goals of the effort and its next steps. Click the button below to register.
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Districts must engage stakeholders in coronavirus relief spending
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During the Kentucky Department of Education’s June 8 Superintendents Webcast, KDE officials explained the rules surrounding the final round of federal coronavirus relief funding.
Kelly Foster, KDE associate commissioner, said local school districts must submit two plans to receive their share of the funding under the American Rescue Plan. The first plan must show how funds will be used and the second plan, called A Safe Return to In-Person Instruction and Continuity of Services plan, can be a revised version of the district’s reopening plan. Both plans must be posted on the district’s website by July 31.
For both plans, districts must hold “meaningful consultation” with stakeholders, Foster said.
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Updated board policies must be filed by Aug. 15
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Following the distribution of last month’s board policy and procedural updates to district subscribers of KSBA’s Policy Service, boards are now in the midst of updating, amending and approving board policies for the 2021-22 school year.
Reminder: KRS 160.340 requires that board policies be kept up to date by filing annual amendments no later than Aug. 15. If your district has questions about specific board policies and/or procedures, please contact your assigned KSBA policy consultant as soon as possible.
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KSBA board officers announce member book study
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The officers for KSBA’s board of directors have announced a special summer book study for association members.
Beginning the week of July 26, book study participants will follow a guided study of “How Not to Be a Terrible School Board Member: Lessons for School Administrators and Board Members.” Author Richard Mayer is a long-serving school board member in California as well as a world-renowned educational psychologist. Mayer provides an often humorous approach to sound governance by identifying a series of habits and best practices designed to maximize board service and foster trust in public education.
The book was recommended by KSBA President Davonna Page (Russellville Ind.), President-elect Karen Byrd (Boone Co.) and Immediate Past President Ronnie Holmes (Graves Co.).
Members taking part in the study will receive periodic emails (approximately every two weeks) featuring questions and reflections on assigned chapters. The study will conclude the week of Sept. 13 followed by an optional webinar discussion led by KSBA staff.
Participants will be responsible for purchasing their own copies of the book, available via Amazon or by ordering through your preferred book retailer. Please sign up for the study no later than Friday, July 23.
More detailed instructions will be provided to participants the week of July 26. Click the button below to register for this free member book study.
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KOSAA aims to "change the game" at summer meeting
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The Kentucky Organization of Superintendents’ Administrative Assistants (KOSAA) 16th Annual Summer Meeting is Friday, July 16, coinciding with KSBA’s Summer Leadership Institute in Lexington. This year's program, aptly themed "Changing the Game," includes informative sessions on policy/procedure updates, KSBA's redesigned member portal features, round table discussions and more. Click the button below to register.
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KSBA launches online store for association apparel
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KSBA has launched a Lands’ End Business Outfitters online store for purchasing a limited assortment of branded apparel. Members can now show their association spirit! In the online store. click the “Men” and/or “Women” tabs to view hand-picked items available for purchase. After selecting an item – along with its color and size – you will have the option of adding one of three embroidery versions of KSBA’s logo.
The power to select stylish, quality KSBA apparel is now just a few clicks away! KSBA’s catalog of items is currently restricted to popular staple items. In the months ahead, we will slowly add and rotate items based on availability, color selection and season.
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Current KSBA superintendent searches
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See below for a current superintendent search facilitated by KSBA for which applications are now being accepted.
Visit the Superintendent Search page on KSBA’s website to learn more about KSBA’s comprehensive search service. To date, KSBA’s Superintendent Search service has contributed to more than 300 successful superintendent placements (including more than 20 during the pandemic). Experienced search consultants, backed by the full resources and personnel of KSBA, work closely with districts every step of the way, from the initial planning to final interviews. As Kentucky’s exclusive professional association for local school boards, it is only natural that boards would utilize our expertise in making the most important decision for which they were elected: the hiring of an effective superintendent.
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June Kentucky School Advocate available online
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Also in the June Advocate:
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Upcoming dates, deadlines and events
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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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