701 KAR 5:100.
Guidelines for alternative models for school-based decision making.
RELATES TO: KRS
AUTHORITY: KRS 156.070, 160.345
FUNCTION, AND CONFORMITY: The State Board for Elementary and Secondary
Education is directed by KRS 160.345(7) to review for approval applications for
alternative models for school-based decision making. This administrative
regulation establishes approval guidelines for alternative models for school-
based decision making.
Section 1. The
membership of school councils shall be maintained at the 3-2-1 ratio set forth
in KRS 160.345(2) so that parental membership shall not fall below one-third
(1/3) of voting members. Any representation of classified staff or of students
on the school council shall either be as nonvoting members of the council or on
committees advisory to the council, whichever the council itself shall decide.
Section 2. (1)
If a school can demonstrate that it had in operation prior to July 13, 1990, a
successful school-based decision making model composed of a different
membership than specified in KRS 160.345(2), it may apply to the State Board
for Elementary and Secondary Education for approval of its model under KRS
160.345(7) regarding alternative models. Priority for approval of alternative
models shall be given to those preexisting models which add parents in numbers
sufficient to meet the 3-2-1 statutory configuration.
demonstrate that a school had a formal, operational, decision-making entity in
place before July 13, 1990, it shall submit written evidence of decisions and
actions taken by the decision-making body and implemented in the school. Groups
that were informal and advisory in that they were dealing with peripheral
issues not covered in the Kentucky Education Reform Act of 1990 shall not
qualify for alternative model approval.
(3) In the case
of requests for approval of alternative models which were in operation prior to
July 13, 1990, the school shall show evidence that the model in existence has
been subjected to review, evaluation, and recommendation regarding its
continuation by representatives of the parents, students, certified personnel,
and the administrators of the school, and that two-thirds (2/3) of the faculty
(all certified members of the school including any itinerant teacher assigned
to the school for payroll purposes) have agreed to apply for the continued use
of that model for school- based decision making.
Section 3. Each
application for alternative models from schools which began school-based
decision making after July 13, 1990, shall be based on the 3-2-1 statutory
configuration so that parental membership shall not fall below one-third (1/3)
of voting members, shall have no more than two (2) year terms of office, and
shall show any student or classified staff representation as nonvoting or
advisory. The other requests shall be approved or rejected after a case-by-case
review by the board and recommendation by the Department of Education.
Section 4. KRS
160.345(7) stipulates that the school shall submit its application for an
alternative model "through" the local board to the Commissioner of
Education and the State Board for Elementary and Secondary Education for
approval. The state board interprets that provision to mean that the local board
shall transmit the request to the state as quickly as possible. In exercising
this function, the local board is serving as transmittal agent and shall not
have the right to delay or deny a school's request for an alternative model.
Section 5. All
alternative models approved by the state board pursuant to any provision
contained in this administrative regulation shall be valid for and indefinite
period, subject to continuous review by the state board. This approval for an
indefinite period, subject to continuous review by the state board, shall apply
to all alternative models approved prior to and subsequent to the date of
enactment of this administrative regulation.
Section 6. The
Kentucky Department of Education shall keep records of all schools which apply
for, and all schools which are granted, an alternative model for school-based
decision making. (18 Ky.R. 219; Am. 685; eff. 9-6-91; 21 Ky.R. 2241; eff.