The Policy Connection is a free quarterly publication provided by the KSBA Policy Service that is sent to all board members, superintendents, KOSAA members and others who request to receive it.
July 2021
Katrina Kinman, Editor
Welcome to our new subscribers
eMeeting – Berea Independent Board of Education, Menifee Central SBDM (Menifee County)
Attorney general advisory
On June 24, the Kentucky attorney general’s office issued an advisory regarding changes to the Open Records Act and Open Meetings Act following the regular session of the 2021 General Assembly. The attorney general has created a standardized form by which any resident of the Commonwealth may request to inspect public records.


The attorney general also distributes “Managing Government Records: A Cooperative Undertaking.”

Under KRS 160.395, superintendents must distribute the “The Kentucky Open Records & Open Meetings Acts” and “Managing Government Records," either electronically or in hard copy, to each school board member and each school-based decision making council member, within 60 days of receipt of the update and to any new member of both groups within 60 days of the day their term of office begins. The distribution may be made by electronic means​. Superintendents must:
 
  1. Obtain signed proof from each member that he or she received the documents.
  2. Provide each member with a copy of the Proof ​of Receipt (PDF).
  3. Ask each member to complete the bottom portion of the Proof of Receipt and return it to you.
  4. Maintain the Proofs of Receipt on your district’s premises as part of your district records.
  5. Return only the completed Certificate of Distribution (PDF) to the Office of the Attorney General.
 
For more information, see:
 

Policy reference 01.6
Harassment/discrimination/equal educational opportunity
On June 22, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Notice of Interpretation explaining that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation and (2) discrimination based on gender identity. Title IX of the Education Amendments of 1972 forbids discrimination on the basis of sex in any education program or activity offered by a recipient of federal financial assistance.

OCR’s interpretation stems from the landmark U.S. Supreme Court decision in Bostock v. Clayton County, issued one year ago, in which the court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.

KSBA policy staff included recommended drafts in the student Harassment/Discrimination and Equal Educational Opportunity policies in the annual policy update sent to districts in May.
Policy references 09.113/09.42811
U. S. Supreme Court First Amendment ruling
For the first time in more than 50 years, the U.S. Supreme Court ruled in favor of a public school student in a free speech/First Amendment case. The court ruled that a Pennsylvania high school violated the First Amendment rights of a cheerleader by punishing her for using vulgar language that criticized the school on social media. The social media post occurred off school grounds and after school hours. However, the ruling left the door open to regulation of certain kinds of student speech that occurs off school grounds or after school hours, but the court stated that “school officials should proceed cautiously before venturing into this territory.” Read the full opinion.


Policy references 09.422/09.427
Annual policy update
By law, one of the school board’s key responsibilities is to adopt and maintain policies to guide governance of the school district. KRS 160.340 (4) states, “It is intended that these policies shall cover matters within the authority and discretion of the district board of education and not matters otherwise required by law or regulation. Such policies . . . shall be kept up to date by filing annual amendments thereto each August 15 . . .”

Policy reference 01.5
Maintenance throughout the year
Each subscription to the KSBA policy/procedure service includes a maintenance component so that governance documents can be revised during the year at district request.
If a policy or procedure needs to be revised during the school year, we ask that each district follow these steps:

  1. Contact the district’s KSBA policy consultant.
  2. Explain to the consultant what the issue is and (if possible) what language change is needed.

The consultant will then provide you with the following:

  1. Samples (if requested).
  2. Any concerns KSBA may have about the changes, with KSBA legal review if indicated.
  3. A draft created in edit mode that shows language being removed (struck through) and/or added (underlined).

The draft can then be presented to the board. Should the board want to further revise the draft, let your policy consultant know so that a revised draft can be provided for the next meeting. Refer to your district’s policies 01.5 and 01.51 for additional information about your district’s adoption/review process.

Once the board has a final reading of the draft, send your policy consultant the date of adoption/review and, for policy changes, the board order number from the minutes. The consultant will process the draft in the policy service system and send new copies of the policy/procedure to the district. Online manuals are also updated for districts subscribing to that service.

For topics that may pose heightened liability concerns, such as instituting a drug-testing program, the board should consult with the board attorney early in the policy revision process.

To assure the updating and maintenance process runs smoothly, it is vital that each board be aware of which staff member the superintendent designates to serve as the lead contact with KSBA policy staff. In addition, whenever that duty is reassigned, the policy service should be notified.

KSBA policy staff also offer a policy audit service. Reach out to your assigned consultant for more information.

Policy references 01.5/01.51
Dissemination of policy
Each site administrator shall notify employees and/or students under his/her supervision, either orally or in writing, when the board makes a policy change that applies to them. In addition, the superintendent shall designate an employee or committee to review related documents such as, but not limited to, the student code of conduct and employee/student handbooks to assure consistency with board policies that are new or that have been revised.

Procedure reference 01.5 AP.1
Treasurer’s fidelity bond
Each year on advice of the commissioner of education, the board shall determine the amount of the fidelity bond of the treasurer of the board and other school employees responsible for district funds. No later than July 31 of each year, the board shall submit the fidelity bonds to the commissioner of education for approval.
Policy reference 04.4
School security risk assessment
No later than July 15, 2021, and each subsequent year, the superintendent shall send verification to the state school security marshal and Kentucky Department of Education that all schools within the district have completed the school security risk assessment for the previous year.

Policy reference 05.5
Mileage rate update
If your district reimburses for mileage at the state rate, be advised that the rate per mile effective July 1 through Sept. 30, is 44 cents per mile. This information can be reviewed quarterly via this link:


Policy references 03.125/03.225
Save the Date - Upcoming KSBA Events
Policy reference 01.83
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. More information can be found on the SLI page of KSBA's website.
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. Visit KSBA's Summer Leadership Institute web page for additional information including schedule at-a-glance and hotel accommodations.
Save the dates! KSBA's 2021 Regional Meeting dates are listed below. More details, including meeting times and locations, will be announced in the weeks ahead via the Regional Meeting page of KSBA's website. Check back regularly for updates.

Kentucky School Boards Association | 502-695-4630 | ksba.org