Ky. Supreme Court strikes down HB 563

The Kentucky Supreme Court on Thursday ruled a program created by the legislature to offer tax credits connected to scholarship accounts unconstitutional.

The court, in a unanimous opinion, said that House Bill 563 and its “education opportunity accounts” program would raise and spend public money for education outside the common schools in violation of Kentucky’s constitution.

“We respectfully decline to construe the Constitution in a way that would avoid its plain meaning,” wrote Justice Lisabeth Hughes. “Taxpayers who owe Kentucky income tax owe real dollars to the state and when they are not required to pay those real dollars in the first instance or have them refunded because an EOA tax credit reduces or eliminates their tax bill, the public treasury is diminished.”

The opinion noted that many taxpayers would be subsidizing a choice by some taxpayers to send donations to the scholarship accounts “for use at nonpublic schools.”

Having Kentucky Department of Revenue employees administer the complex program of tax credits also spends public dollars on private education, the opinion states.

Section 184 of Kentucky’s constitution prohibits raising or collecting money for nonpublic education unless approved by voters.

The ruling affirms the decision of Franklin Circuit Judge Phillip Shephard in the case brought by the Council for Better Education (CBE) and several public school parents.

CBE had argued that that the program was akin to the state giving vouchers for private school tuition.

“Every student, no matter what he looks like or where she lives, deserves access to a high-quality public education,” said Tom Shelton, CBE executive secretary. “Spending money on voucher programs means denying students the opportunities they deserve in their neighborhood public schools because vouchers steal away scarce funding from public schools and give it to private schools that have no accountability or transparency.”

The program would have allowed nearly dollar-for-dollar tax credits for donation to the EOAs. That money would then be able to be used in several ways, including for private school tuition in Boone, Campbell, Daviess, Fayette, Hardin, Jefferson, Kenton, and Warren counties. 

Board members should check training hours

By Dec. 31, school board members must complete their 2022 state-mandated board training. KSBA will be reaching out to board members (along with their superintendents and superintendent administrative assistants) who appear to have not yet completed their required hours.

If you are still short of your training requirements, don’t panic! Some members with outstanding training only require an hour or less. This makes KSBA’s self-study module options a quick and convenient way to complete remaining hours. To access the order form for self-study training modules.

KSBA offices will close at 5 p.m. (EST) on Dec. 23 for the holidays and will not reopen until Jan. 2.

If you require additional board training before the end of the year and you wish to request access to self-study training modules, you must contact KSBA by close of business on Thursday, Dec. 22. All self-study modules must be completed/received by 11:59 PM (EST) on Dec. 31, to count toward 2022 state-mandated training requirements. Please note that hours completed during this time will not be reflected immediately in the portal. KSBA staff will enter any training hours completed during the break once they return in January. 

Remember, KSBA has made it easy for members and administrators to monitor training hours at any time on the member training portal on KSBA’s website. Access our member training portal resources page and to login to check hours. 

If you have questions or concerns, contact Shannon Robinson, conference and training coordinator, at 502-783-1099 or at [email protected].

NKU board says no to charter schools

The Northern Kentucky University Board of Regents on Tuesday decided not to become a charter school authorizer.

Under HB 9, passed in the 2022 legislative session, NKU had until Jan. 1, 2023 to decide whether to authorize a charter school in the area. Under the law, public school districts in Kenton and Campbell counties are now required to authorize a charter school.

At Tuesday’s meeting, NKU board chairman Rich Boehne told the board that the university had extensively studied charter schools and the new law. After researching the requirements, Boehne said he did not believe the university should take on the authorizer role.

“I think the language that’s in House Bill 9 is not workable. There are a number of issues in there that would make it enormously difficult, in my opinion, for the university to be a successful authorizer,” he said. “And we’re certainly not interested in overseeing any failure. Most important, the failure potentially of a school.”

The board then declined to take action on a resolution on becoming an authorizer.

The law now calls for the 11 school districts in Kenton and Campbell counties to authorize a charter school. Under the law, if NKU is not an authorizer on July 1, 2023, a collective made up of two local school board members from each district in Kenton and Campbell counties is to become an authorizer.

The collective, the law says, shall solicit, review and approve a charter school application by July 1, 2024. The charter contract is supposed to run as a pilot program for five years.

KSBA opens call for Annual Conference student involvement

Save the date for KSBA's 2023 Annual Conference, Feb. 24-26, 2023 at The Galt House hotel in Louisville. The theme for this year's conference is "The Sky is the Limit." There are many ways your district's students can be directly involved in this year’s event:

Student performances throughout KSBA’s Annual Conference provide districts a unique opportunity to showcase the talents of student performers in front of hundreds of our Commonwealth’s board members, administrators and public education advocates. View/download the student involvement form. Districts wishing to be considered must submit the form no later than Jan. 13, 2023.

KSBA will once again display student-designed banner artwork depicting the conference theme. We invite school districts to submit banner artwork electronically. Banners will be featured in conference communications, displayed in a gallery at the event, printed in a commemorative conference booklet and more. Information on student banner art submissions. The deadline to submit banner artwork for the 2023 Annual Conference is Feb. 13, 2023.

Questions about any of these opportunities for involvement may be directed to [email protected]. Annual Conference schedule and registration information to be released in early January.

Local School Board Member Advisory Council meets at Winter Symposium

At its first meeting to be held in conjunction with KSBA’s conferences, the Kentucky Department of Education’s Local School Board Member Advisory Council elected new officers.

The council chose Simpson County board member David Webster as chair and Oldham County board member Larry Dodson as vice chair.

The council met on Dec. 8 at the Louisville Marriott Downtown. The group also heard an update from Education Commissioner Jason Glass about the department’s United We Learn initiative. The council also recognized Hardin County board member Charlie Wise who was attending his final meeting as he did not run for reelection to his local board.

The council will hold its next meeting at The Galt House in Louisville during or prior to KSBA’s Annual Conference in February.  

College scholarships, CTE student grants depend on KSBA members, partners

In 2023 KSBA will award at least 33 high school students across our Commonwealth with CTE Student Grants designed to offset costs associated with obtaining CTE Industry Certification. KSBA will also award five Kentucky high school seniors each with $2,500 scholarships towards any two- or four-year college or university – some of whom will be recognized on stage at KSBA’s 2023 Annual Conference.

These student aid opportunities would not be possible without the support of members, friends and partners. During this season of giving, please consider making a year-end gift to the KSBA Educational Foundation if you have not done so already this year. Whether a gift of $25 or $500, you’re helping to eliminate potential financial barriers that stand between our students and their dreams. You can make your tax-deductible gift in one of two ways:

• Mail a check payable to “KSBA Educational Foundation, Inc.” to: KSBA Educational Foundation, 260 Democrat Drive, Frankfort, KY 40601. You may designate in the memo line or in an attached note if you wish to make your gift in honor or memory of someone.
• Make a secure gift online. A confirmation/receipt of your online gift will be emailed to you within moments of making your donation. 

Last call for special award nominations

Friday, Dec. 16 is the nomination deadline for two of KSBA’s highest honors. We are currently accepting nominations to celebrate the contributions of an exemplary superintendent’s administrative assistant and a local school board member. See criteria and nomination instructions below.

The Kentucky Organization of Superintendents’ Administrative Assistants (KOSAA), in collaboration with KSBA, is accepting nominations for its inaugural KOSAA KUP Award (Knowledge, Understanding and Passion). Established this year, the award honors the exemplary service of KOSAA members and celebrates the critical roles superintendents' administrative assistants play. KOSAA members, school board members, superintendents and/or district personnel may nominate individuals for this honor. Review award criteria/instructions before beginning the online nomination form.

KSBA is also accepting nominations for the 2023 School Board Member of the Year Award (BMOY), established in 2021 to honor the exemplary service of association members and to celebrate board service as integral to the advancement of public education in Kentucky. Board members, superintendents, district personnel and community members may nominate individuals for this award. Access BMOY award criteria, instructions and the online nomination form. Please read the criteria carefully for a full understanding of eligibility.

The 2023 KOSAA KUP and Kentucky School Board Member of the Year awards are sponsored by American Fidelity Educational Services, a longtime KSBA Affiliate Member, sponsor and exhibitor.

School Board Recognition Month toolkit

January is School Board Recognition Month, a time when schools and community stakeholders are encouraged to show their support and gratitude to the locally elected men and women charged with governance of your district.

Highlighting your board members has never been easier thanks to KSBA’s School Board Recognition Month toolkit – complete with social media graphics, templates, local celebration ideas, certificates and more! During the month of January, post your SBRM moments on social media and use the hashtag #LoveKySchoolBoards. KSBA will share many of our favorites!

Access KSBA's School Board Recognition month toolkit.

KSBA board holds December meeting

KSBA’s board of directors gathered for a regular meeting on Dec. 10 during the association’s 2022 Winter Symposium. The board heard standing committee reports, approved financial reports and discussed and approved KSBA’s 2023 legislative priorities.

The board also conducted its drawing for the 2023 First Degree College Scholarship and CTE Student Grant winners. On hand to draw were longtime scholarship sponsors American Fidelity Educational Services and Houchens Insurance Group - Education.

President Davonna Page presided over her final meeting as president, as she will pass the gavel to President-elect Karen Byrd at February’s Annual Conference. The board’s Selection Committee presented at-large and president-elect candidates who are slated to begin their service in February. These included at-large members-elect Hannah Barnes (Anchorage Ind.), Kristy Carey (Harrison Co.), Tom Haggard (Covington Ind.), and Debbie Hammers (Butler Co.). Pamela Morehead (Eminence Ind.) was put forward to serve as the association’s next president-elect.

Barnes and Hammers previously served as KSBA regional chairs. Morehead has served previously as KSBA regional chair and currently serves as a KSBA director at-large. Before beginning their terms, those put forward by the Selection Committee will be subject to a vote of ratification during the annual business meeting at KSBA’s Annual Conference. 

December Advocate available online

The ballots have been counted and 101 new school board members will take their seats in January. With 88 percent of incumbents keeping their seats, 89 boards will remain unchanged. Read more about the 2022 election results in the December Kentucky School Advocate.

Also in the December Advocate:

• New regional chairs set to join KSBA's Board of Directors

• Executive Insights: Behaviors for effective board teams

• Beyond the Board with Malorie Cooper, Whitley County Schools

• In Conversation With Joud Dahleh, KBE student member

• KSBA Answers: School board oaths of office

Registration open for inaugural COSSBA annual conference

Registration is now open for the inaugural Annual Conference for the Consortium of State School Boards Associations (COSSBA). Join school board members and education leaders from across the country March 31 – April 2 in Tampa, Florida. Visit COSSBA’s website for a summary of keynote speakers, hotel accommodations and instructions for online registration. 

Jan 3: General Assembly convenes for the 2023 regular session

Jan. 10: KDE Superintendents' Webcast