The Kentucky Department of Education has received several questions from school districts as they amend their 2007-08 school calendars to adjust for weather days, early dismissal days and other events and still be in compliance with the 2006 Budget Bill (House Bill 380) calendar requirements.
Language in HB 380 requires 2007-08 school calendars to provide the equivalent of 177 six-hour days of instruction, plus two additional six-hour days in addition to the number of six-hour days contained in the 2005-06 school year. The difficulty now lies in how those requirements must be accommodated in amended calendars.
Language in KRS 158.070 requires school districts to provide the equivalent of 175 six-hour days of instruction, which equates to 1,050 hours. With that language, it was possible for a district to "bank" time on days longer than six hours in order to fulfill the 1,050 hours of instruction in fewer than 175 days, whether by design or as a result of emergency closings.
Regardless of the rationale and regardless of what happened in 2006-07, the number of six-hour days actually fulfilled in a school district's final 2005-06 calendar is the determining factor for how many six-hour days must be fulfilled in 2007-08. Further, KRS 158.070 states that four days of professional development, four holidays, an opening day and a closing day must be added to the instructional days in order to fulfill requirements for the minimum school term.
Because of the flexibility allowed in KRS 158.070, there are numerous calendar variations across the state. However, when combining that statute with the requirements of HB 380 and 702 KAR 7:125 (Pupil Attendance), there are a few specific points to remember when amending the 2007-08 school calendars, and those apply to all districts.
Districts are required to provide no less than 1,062 hours of instruction during the 2007-08 school year.
Districts are required to provide no less than two additional six-hour instructional days beyond the number of six-hour instructional days provided during the 2005-06 school year.
According to 702 KAR 7:125 Section 3 (2), a total of five hours missed as a result of school days shortened due to emergency do not have to be made up.
All instruction must take place prior to graduation. Districts are required to adhere to the requirements of 702 KAR 7:125 Section 1 (5), which states that graduation ceremonies shall be scheduled to occur following completion of the instructional term.
State law mandates that districts must operate all schools for a term specified in statute and regulation or suffer a reduction in SEEK funds by the proportion a district is short in fulfilling the calendar requirements. The Kentucky Department of Education is required to enforce this statute. The only way to avoid a reduction in SEEK due to a deficient calendar is if the reason for the deficiency is approved by the Kentucky Board of Education upon the recommendation of the commissioner.
If you have more questions concerning this matter, please contact Michelle Sutton, LaTonya Bell, Tracy Browning or Sherri Clusky in the Division of Data Management at (502) 564-3846.