After the Kentucky Supreme Court issued a ruling Saturday that effectively invalidated Gov. Andy Beshear’s mask mandate for public and private schools, the governor on Monday rescinded the executive order requiring masks in all Kentucky schools.

However, because the Kentucky Board of Education has passed an emergency regulation requiring masks be worn in public schools, teachers, students and visitors will still be required to wear masks in the state’s public schools.

Beshear said Monday that no matter who makes the decision about whether masks are required in schools, “we fail when we don’t require universal masking.”

The KBE’s emergency regulation on masks can remain in place for 270 days. However, KBE members said when it approved the regulation that when the Centers for Disease Control and the Kentucky Department for Public Health no longer advise universal masking, the board would consider rescinding the regulation.

During KDE’s Student Advisory Council meeting Tuesday, KBE Chairwoman Lu Young reiterated that promise.

“When we did this, we did this knowing that we would follow the science of the virus and follow that surge and hopefully very soon we will begin to see a decline in those cases,” she said. “We look forward to the point when we can withdraw the regulation and turn that over to your superintendents.”

Beshear said Monday – as the state set three COVID records (the number of people hospitalized, on ventilators and in intensive care units) – that he believed a statewide mask mandate is needed. Beshear also noted that the percentage of kids contracting COVID-19 has nearly doubled over August 2020. Because of the Supreme Court decision, Beshear said he no longer has the power to enact mask mandates and would have to call a special session in order to ask the legislature to approve one.

Sen. President Robert Stivers said Tuesday during a news conference that he did not believe a special session is needed and that the legislature would likely not support a statewide mask mandate. Stivers also said that while he believes that KBE acted improperly to enact the public school mask mandate, it remains in effect.

“We cannot do anything to that reg until we come into session,” he said.

As of Tuesday, at least six Kentucky school districts had been forced to close so far this school year due to high numbers of positive cases and/or quarantines in students or staff.

Many districts have hundreds or thousands of students in quarantine since the start of the year. In addition to the student quarantines, districts are facing teacher, bus driver and cafeteria worker shortages exacerbated by COVID-19.

As of Tuesday, more than 4,000 Jefferson County Schools students had been quarantined so far this year. In Barren County on Tuesday more than 400 students were quarantined, 116 in Montgomery County and 834 in Warren County.

Leslie County, Lee County, Knott County, Magoffin County, Owsley County and Jenkins Ind. all closed anywhere from two days to a week and a half. The districts have not used NTI days, but rather suspended instruction. Unlike the 2020-21 school year when districts had unlimited NTI days, this school year districts are limited to 10 days. The limit was the result of House Bill 208, passed by the 2020 General Assembly. The 10 days is the same number that had been allowed by KDE pre-pandemic.

Education Commissioner Jason Glass told districts on Monday that KDE is “exploring all legally viable options to provide you with as much flexibility as possible.”

Sen. President Robert Stivers said Tuesday that the legislature could consider increasing NTI days, or allowing districts to use a prior year’s average daily attendance to determine funding.

“We want to make sure we encourage in-school attendance, and this is why, understand that there are a lot of social ill, emotional ills with this,” he said. “So it’s not just saying don’t go to school. We’ve got a lot of other things to consider with that.”

Stivers praised Lee County Schools, which closed for three days then reopened with all but the 5th grade attending.

“They focused narrowly on that class. I think that’s a good solution,” he said, noting that the district’s average daily attendance should not be penalized for that decision. “They are keeping the rest of the school system in class.”

Under an amended regulation passed by the Kentucky Board of Education on Aug. 5, districts can count students in quarantine as in attendance if they provide six hours of instruction to the student. The amendment allows a district to provide instruction to students while quarantined or isolated and allows districts to include those students in the Adjusted Average Daily Attendance (AADA) during the 2021-22 school year.

Whether you are looking for a recap of recent masking decisions made at the state level or guidance on employee quarantine leave, KSBA’s COVID-19 resources page equips board members with helpful links, insights and even sample resolutions to assist districts with their local mitigation efforts.

Following a comprehensive applicant review process, Fayette Co. Schools board member Stephanie Spires has been named to the KSBA Board of Directors as an at-large member for a term that runs through February 2022. Per KSBA bylaws, association President Davonna Page appointed Spires to the seat previously held by Oldham Co. board member Kevin Woosley. In July, Woosley was appointed by Gov. Andy Beshear to serve as District 3 magistrate on the Oldham County Fiscal Court.

“Stephanie’s expertise and leadership skills have been on full display through her service in Fayette County,” said KSBA Executive Director Kerri Schelling. “We are incredibly excited to welcome her as an at-large member of our board of directors.”

Spires has long been an advocate for public school students, especially those experiencing homelessness and in foster care. She was the subject of KSBA’s January 2021 "Beyond the Board."

KSBA’s 2021 fall regional meeting program will focus on a several pressing issues currently facing local school boards. Attendees of KSBA’s 12 regional gatherings will be presented with analysis of the association’s recent legislative survey of key education topics. The program will also include an update on the state’s School Funding Task Force. The evening will culminate with roundtable discussions on the role of boards and the balance of local and state decision-making.

Districts in attendance at each meeting will have ample opportunity to share their thoughts and insights with colleagues and KSBA staff. The discussions will directly inform KSBA’s advocacy, communications and training strategies in the months ahead and will be critical as the association works with state legislators ahead of and during the 2022 regular session of the General Assembly.

Visit KSBA’s regional meeting page for more information. Invitations and instructions for your assigned regional meeting will be provided by your regional chairperson and his/her host district in the weeks leading up to the meetings.

School districts across the Commonwealth strive to provide programs that will help students reach new heights. Since 1997, KSBA has been recognizing these programs with its PEAK (Public Education Achieves in Kentucky) 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.

Whether it’s a program designed to get children kindergarten ready, to give high school students a leg up in becoming career or college ready, one aimed at keeping students from dropping out or a host of other initiatives, districts from all ends of the state have been recognized for their outstanding efforts aimed at enhancing student learning.

Does your district have a program that is PEAK worthy? KSBA is accepting nominations for its Fall 2021 PEAK Award. The deadline is Tuesday, Sept. 21, more information, including entry guidelines, is available on our website. All entries will be considered in both the Fall 2021 and Spring 2022 judging cycles, giving your program two opportunities to be selected.

If you have questions, please email Matt McCarty or call 800.372.2962 ext. 1209.

KSBA’s “Learn and Earn” webinar series offers convenient online training from noon – 1 p.m. (ET) on the second Wednesday of each month, providing school board members with opportunities to earn training credit on a variety of education topics. 

The Kentucky Youth Advocates and United Healthcare are conducting a survey among K-12 education leaders to understand lessons they have learned as they have supported students and families during the pandemic, as well as to identify potential communication strategies regarding teen COVID-19 vaccination rates.

In appreciation for completing the survey, you can enter a drawing for the chance to win one of five $25 gift cards to the Kentucky business of your choice. The entry form is separate from the survey so your responses remain anonymous. The survey closes Friday, Sept. 3.

School bus driver shortage hitting 'crisis point' in Kentucky. WDRB-TV Aug. 20

State officials react to Kentucky Supreme Court ruling on governor's emergency powers, Courier-Journal Aug. 21

Beshear cancels his mask order for schools but considers a statewide mask mandate, Lexington Herald-Leader Aug. 23

This edition of KSBA Aware is made possible in part