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April 19, 2023

In this issue:

  • KDE issues guidance on SB 5, the parental complaints bill, and SB 150, the parental rights and transgender issues bill 
  • Save the date for KSBA's 2023 Law Update
  • May Learn and Earn focuses on student health services
  • KSBA joins education panel discussion on Kentucky Tonight
  • Student success the focus of #KyGivesDay 2023
  • Updated FERPA guidance released
  • Summer Leadership Institute to be held this July in Lexington
  • Annual board policy updates coming soon
  • Superintendent search alert
  • KSBA in the news
  • Upcoming dates, deadlines and events

KDE issues guidance on SB 5, the parental complaints bill, and SB 150, the parental rights and transgender issues bill 

The Kentucky Department of Education released guidance this week on several education bills that contain emergency clauses – meaning they are already in effect.

Education Commissioner Jason Glass said in his Monday Message that the guidance may create more questions than answers.

“We at KDE do not have the authority to answer, directly or definitively, many of the good questions that you may have about these new laws,” he said. “We urge you to make decisions about the questions raised collaboratively with your district counsel.”

The guidance includes Senate Bill 5, which creates a process for parent complaints about materials/programs they view as “harmful to minors” under a definition of the term in the law. KSBA worked with KDE to create the model policy language in the guidance and will be sent to districts as part of KSBA’s annual policy update.

The law requires boards to adopt a complaint resolution policy by July 1.

Also included is guidance for SB 150, which put new rules around parents’ rights, transgender student bathroom policies and medical care for transgender children. The guidance states that the bill creates confusion because of possible conflicts with the Family Educational Rights and Privacy Act.

The guidance also says KDE can no longer give guidance around pronoun usage, because the new law states that teachers cannot be required to call students by pronouns that do not align with their biological sex at birth. In the supplemental guidance on SB 150, KDE explains that a 5th grade health standard on puberty can no longer be taught. 

“We do understand that questions may arise around matters such as curricular systems, connections to early college credit (Advanced Placement and dual credit) course content, and student free speech or other potential federal constitutional issues these laws may create,” Glass said.

The recently issued guidance also covers HB 32, HB 153, HB 553, SB 25, SB 49 and SB 107. 

KDE staff went over the guidance during Tuesday’s Superintendents Webcast. During the next Superintendents’ Webcast on May 9 KSBA staff will join KDE staff for a breakdown of the SB 5 policy. School boards will receive their full annual policy updates from KSBA at the end of May.

Save the date for KSBA's 2023 Federal and State Law Update

KSBA’s 2023 Federal and State Law Update will be held virtually from 9 a.m. until noon (ET) on Thursday, June 8. This training is recommended for school board members, superintendents, assistant superintendents, board attorneys, school/district administrators, finance officers, etc. The agenda, presented by knowledgeable KSBA attorneys and policy staff, includes an in-depth legislative session recap, board policy and procedure updates, recent Open Meetings and Open Records decisions, case law developments and federal updates.

Participants are eligible for 3 hours of training credit (state-mandated board training, CLE and EILA). The registration fee is $200.

Online registration for KSBA’s 2023 Federal and State Law Update will open Wednesday, April 26 on KSBA’s website

View/download an informational flyer including schedule and presenters.

May webinar focuses on student health services

Join us Wednesday, May 10 from noon to 1 p.m. (ET) for “Who is Caring for our Students?”

KSBA’s May Learn and Earn webinar will explore the most common models districts are using to provide health services to their students (and staff) during the school day, including district employed, contractual and partnering with other health providers. While the opportunities are varied, the importance of this daily care has proven critical to maximize student achievement, attendance and healthy outcomes. Kentucky examples will be highlighted.

Presenters: Jim Tackett, healthy schools project director, Stephanie Bunge, school health consultant, Kentucky Department of Education

For more information and online registration for KSBA’s Learn and Earn webinars, visit:

KSBA joins education panel discussion on Kentucky Tonight

Watch Kentucky Tonight from Monday, April 17 on KET.

Host Renee Shaw led a panel discussion on the challenges facing public schools. The program featured KSBA Director of Advocacy Eric Kennedy, State Rep. James Tipton, State Rep. Tina Bojanowski, Prichard Committee for Academic Excellence CEO Brigitte Blom, Kentucky Association of School Administrators CEO Rhonda Caldwell and Andrew Vandiver of EdChoice Kentucky.

The discussion ranged from parents’ rights and school choice to transgender student policies and how to address the teacher shortage.  

#KyGivesDay 2023 is all about student success

The KSBA Educational Foundation will participate in Kentucky Gives Day on Tuesday, May 9. The association will once again challenge members, education leaders and friends to support student success in the form of KSBA’s college scholarship and CTE student grant programs.

Over the past two years alone, KSBA has awarded nine college scholarships to Kentucky high school seniors who will be the first in their immediate families to complete a postsecondary program, as well as 100 CTE grants to Kentucky high school students who are pursuing CTE industry certifications.

These efforts would not be possible without the ongoing support of education leaders like you. We ask you to join us May 9 for a day of giving and action. KSBA believes that cost should not prevent our Commonwealth’s students from pursuing their dreams. All of the money raised during Kentucky Gives Day will support KSBA’s student scholarship and grant programs.

Learn more about the KSBA Educational Foundation and the association’s commitment to student aid. Bookmark the foundation’s #KyGivesDay page so you can easily make your gift in May.

Thank you for your support of student success! 

Updated FERPA guidance released

The U.S. Department of Education has release updated guidance on the Family Educational Rights and Privacy Act (FERPA). Resources include:

FERPA is a federal law, first established in 1974, that protects the privacy of students’ education records and applies to educational agencies (like school districts) and institutions (i.e., schools such as public elementary or secondary schools, and institutions of postsecondary education such as colleges or universities) that receive funding under any program administered by the U.S. Department of Education.

Summer Leadership Institute to be held in July

KSBA’s 2023 Summer Leadership Institute will be held July 14-15 at the Marriott Griffin Gate in Lexington. A conference schedule, session descriptions and online registration will be made available in the weeks ahead on KSBA’s SLI page.

Annual board policy updates coming soon

Districts will once again receive their annual board policy updates at the end of May. If your district’s policy contact has not received an update by June 1, be sure to check spam folders or firewall settings. 

The KSBA Policy and Procedure Service celebrates its 40th anniversary this year and is now proudly serving all 171 school districts across Kentucky!

Superintendent search alert

KSBA's Superintendent Search Service is currently facilitating a search in the following district. Click the district name to be directed to the position posting.

Lincoln County Schools

Application deadline: April 21, 2023


Rowan County Schools

Application deadline: May 5, 2023

KSBA in the News

Because of the unique roles school boards play in matters of policy and education trends, KSBA is often called on by media outlets to weigh in on important school-related issues and provide background.

(April 13) When will Kentucky school districts implement new pronoun, anti-LGBTQ measures in SB 150? – Lexington Herald-Leader

Upcoming dates, deadlines and events

April 19: Student Technology Leadership Program championship

April 26: Administrative Professionals' Day

May 8-12: Teacher Appreciation Week

May 9: KDE's Superintendents Webcast

May 9: Kentucky Gives Day 2023

May 10: May Learn & Earn – Who is caring for our students?

May 12: National School Communicators Day

June 8: Federal and State Law Update

July 14-15: Summer Leadership Institute, Lexington

This edition of KSBA Aware is made possible in part
by the following KSBA Affiliate Members.
Tier 1 Affiliates

Tier 3 Affiliates

Kentucky School Boards Association | 502-695-4630 |
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