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.
November 2019
Katrina Kinman, editor
Welcome to our new subscribers

eMeeting Daviess County Fiscal Court

Policy Audit Service Marshall County Board of Education

Procedure Audit Service Glasgow Independent Board of Education
New Federal Motor Carrier Safety Administration (FMCSA) regulations for all CDL operators  
The FMCSA Clearinghouse Final Rule established requirements for the Clearinghouse and identified Jan. 6, 2020 as the implementation date. The Clearinghouse will contain drug and alcohol program violation information for employees subject to the testing requirements under the Federal Motor Carrier Safety Regulations in 49 CFR part 382. See the links for additional information.

What this means for districts: By Jan. 6, 2020, districts will need to establish a login and password, in order to access the Clearinghouse. Districts should see that driver applicants are in the Clearinghouse so that a full search can be conducted in order to determine whether a disqualifying violation is on record. In addition, at least annual checks must be conducted on current drivers after that date. Districts and their Medical Review Officers (MROs) are also required to report violations to the system. The federal regulations contemplate that manual driving record checks as well as new electronic checks should continue to be conducted in connection with the bus driver application and employment process through January of 2023 after which an electronic check with the Clearinghouse will suffice.

Districts are required are required to notify drivers that personal information collected as part of the Clearinghouse process is subject to being reported to the system. The KSBA “A” board policy (06.221) describes the distribution of “educational materials” relating to drug testing requirements.

We would recommend supplementing previously supplied materials with a new communication along the lines of: “The DOT by regulation has set up a new database that requires as of January 2020 reporting of the following information on individual drivers to the federal drug and alcohol testing Clearinghouse: verified positive, adulterated, or substituted test results; confirmed alcohol tests at .04 or higher; refusal to submit to required tests; the district’s actual knowledge (as defined by federal regulation) of DOT regulatory violations, including violations based on prohibited on duty, pre-duty, or post-accident alcohol use and controlled substance use; and regulatory return to duty and follow-up testing information as applicable.” For additional details, please reference the links above.

Policy reference 06.221
Open records requests
A recent Open Records Decision (19-ORD-174) clarifies that an open records request does not have to be submitted on a specific form. If a written request or application is required, the statute is satisfied if the written application, whether or not submitted on the public agency’s form, contains the following:
  1. Applicant’s signature.
  2.  Applicant’s name printed legibly.
  3. Description of records to be inspected.

Policy reference 01.6
Procedure reference 01.6 AP.2
Financial statements and reports – Dec. 1 deadline
The district shall submit a report to the Legislative Research Commission and the Kentucky Department of Education no later than Dec. 1 of each fiscal year for the past fiscal year. The report shall include the following:
  1. All expenses charged to Instruction, Student Support Services, Instructional Staff Support Services, District Administrative Support Services, School Administrative Support Services and Business Support Services delineated by the relevant subfunction codes, for the previous fiscal year;
  2. A comparison of the previous fiscal year’s expenses as detailed in #1 with the same expenses in the preceding fiscal year;
  3. A detailed section explaining steps to reduce administrative expenditures while maintaining and expanding instructional expenditures; and
  4. A copy of the district’s policy for maintaining a reserve fund balance in compliance with appropriate government and accounting standards.

Policy references 04.91/04.1
Mileage rate update
If your district reimburses for mileage at the state rate, be advised that the rate per mile effective Sept. 1 through Dec. 31, 2019, is 41 cents per mile. This information can be reviewed quarterly via this link:

Policy references 03.125/03.225
Last call for training credits!
This year’s Winter Symposium is the final conference before the Dec. 31 training deadline, and with it, the final opportunity in 2019 to earn significant training hours. The state also mandates that all school board members earn their 12 charter training hours before this date. Those who do not may be subject to disciplinary action by the state. KSBA does not want that to happen to you! Register now for the 2019 Winter Symposium.

Policy reference 01.83
Save the Date - Upcoming KSBA events
2019 KSBA Regional Meetings Schedule

KSBA Winter Symposium 
Louisville Marriott Downtown Nov. 22-23

KOSAA Winter Meeting
Galt House, Louisville Feb. 21, 2020

KSBA Annual Conference 
Galt House, Louisville Feb. 21-23 

Policy reference 01.83
Happy Thanksgiving from your KSBA Policy staff!