RELATES TO:
KRS
160.345(8)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
160.345(8) requires that the
Kentucky Board of Education promulgate an administrative regulation which
establishes a formula by which school district funds shall be allocated to each
school council. This administrative regulation establishes the school council
allocation formula for use by local school districts utilizing the Kentucky
Education Technology System (KETS) District Administrative System Chart of
Accounts per
702 KAR
3:120.
Section
1. Definitions.
(1) "Categorical
programs" means programs under which funding and uses for the funding are
specifically set by the funding authority and are not in the general
fund.
(2) "District average
certified teacher's salary" means the dollar value determined by dividing
paragraph (a) of this subsection by paragraph (b) of this subsection, with:
(a) Equal to the total of all salaries paid
to certified personnel working noncategorical programs in the district for 185
days or a different number of days as required by the General Assembly;
and
(b) Equal to the total number
of certified personnel working in non-categorical programs in the
district.
Section
2.
(1) The local school district
shall provide notice to school councils of a tentative allocation by March 1
and notice of an updated allocation by May 1 of each year for the funds and
positions identified in Sections 4, 5, 6, and 8 of this administrative
regulation for the next budget year in accordance with this administrative
regulation.
(2) The local school
district shall provide to school councils an allocation pursuant to Section 7
of this administrative regulation for the next budget year by May 30 of each
year in accordance with this administrative regulation.
Section 3. The local school district shall
calculate the funds available for distribution to school councils using only
the general fund and by excluding the following proposed district-wide
expenditures from the general fund proposed budget for the year being
allocated:
(1) Function 1200, Home and
hospital;
(2) Function 1700,
Expelled or suspended;
(3) Function
1900, Other instructional programs;
(4) Function 2110-2190, Student support
services, except for school-based employees and specified supplies;
(5) Function 22XX,, improvement of
instruction;
(6) Function 23XX,
District administrative support services;
(7) Function 25XX, Business support
services;
(8) Function 26XX, Plant
operation and maintenance;
(9)
Function 27XX, Student transportation;
(10) Function 3XXX, Noninstructional
services;
(11) Function 4XXX,
Facilities acquisition and construction services;
(12) Function 5XXX, Other; and
(13) All expenditures for extra duty and
extended employment, exceptional children services, itinerant teachers, and
fringe benefits in all codes.
Section
4. Allocation for Certified Staff.
(1) A board staffing policy or guidelines
shall be established to determine the number of allocated positions for
certified staff for each school. To determine the allocation to school councils
for certified staff, the district shall provide sufficient funds:
(a) To meet class size caps and pupil contact
hours established in
KRS
157.360 based on the projected full-time
equivalent enrollment for the upcoming school year; and
(b) To meet other classroom teaching and
certified staff positions not included in paragraph (a) of this subsection that
are generated by the local board certified staffing policy.
(2) Any revisions of staffing
policy or guidelines for the next school year shall be adopted by the local
board and submitted to the Kentucky Department of Education by May 1 of each
year.
(3) Funds for positions
allocated in subsection (1) of this section shall be based on the previous
year's actual 185 day certified salary or the number of contract days as
otherwise required by the Kentucky General Assembly within a biennial budget
adjusted by changes in rank, additional years of experience, and changes in the
district's salary schedule for each existing staff member.
(4) Funds for new and vacant certified staff
positions shall be based on a minimum of ninety-five (95) percent of the
district's average 185 day certified salary adjusted for changes in the
district's salary schedule for noncategorical staff paid in the previous
year.
(5) If the actual salary of
new certified personnel is less than ninety-five (95) percent of the district
average certified teacher's salary, the difference shall revert to the district
budget for possible reallocation under Section 7 of this administrative
regulation.
(6) Any adjustments to
the allocation due to increases in salary schedules, salary adjustments, or
increases or decreases in enrollment shall be made by September 15. A council
shall be notified of an adjustment if the adjustment represents a change in
staffing due to enrollment increases or decreases.
Section 5. Allocation for Classified Staff.
(1) A board staffing policy or guidelines for
the next school year shall be adopted by the local board and established to
determine the number of allocated positions for classified staff for each
school. Any revisions of staffing policy or guidelines shall be submitted to
the Kentucky Department of Education by May 1 of each year.
(2) Funds shall be provided for all
school-based classified positions in noncategorical programs generated by the
local board classified staffing policy using the previous year's salary
adjusted for any district-wide increase.
(3) Funds for new or vacant positions shall
be based on ninety-five (95) percent of the district's average classified
salary for that personnel job class for noncategorical staff adjusted for any
district-wide increase.
(4) If the
actual salary of new classified personnel is less than ninety-five (95) percent
of the district's average classified salary for the personnel job class, the
difference shall revert to the district budget for possible reallocation under
Section 7 of this administrative regulation.
(5) Any adjustments to the allocation due to
increases in salary schedules, salary adjustments, or increases or decreases in
enrollment shall be made by September 15. A council shall be notified of an
adjustment if the adjustment represents a change in staffing due to enrollment
increases or decreases.
Section
6. Other Minimum Allocations.
(1)
School councils shall receive a minimum allocation of three and one-half (3
1/2) percent of the statewide guaranteed base funding level for Support
Education Excellence in Kentucky (SEEK) based on prior year final average daily
attendance.
(2) The amount
generated in subsection (1) of this section shall be adjusted at the end of the
second school month for changes in average daily attendance and projected
funding for SEEK. (3) Allocations for operating expenses, including utilities,
or for health and safety requirements of schools shall not be included in the
allocations required by Sections 4, 5, 7, or 8 of this administrative
regulation or this section. If funds are given to a school for these purposes,
the funds shall be distributed in a separate allocation.
Section 7. Distribution of the Balance.
(1) The balance between the amount generated
in Sections 4, 5, and 6 of this administrative regulation and the amount
available for distribution to school councils from Section 3 of this
administrative regulation shall be distributed by the local board in one (1) of
the following manners:
(a) An amount per prior
year final average daily attendance;
(b) Based on pupil needs identified by school
councils in their adopted school improvement plans and designated by the local
school board. Money provided under this paragraph shall be used only for the
needs identified by the council from its adopted school improvement plan and
designated by the board;
(c) For
specific instructional purposes based on student needs identified by the board
from disaggregated student achievement data. Money provided under this
paragraph shall be used by the council to address only the identified needs;
or
(d) A combination of paragraphs
(a), (b), and (c) of this subsection.
(2) An adjustment may be made to allocations
under subsection (1) of this section at the end of the second school month for
changes in average daily attendance and projected funding for SEEK, and changes
in the projections for prior year, end-of-year balances.
(3) If the allocations in Sections 4, 5, and
6 of this administrative regulation generate more funds than are available in
Section 3 of this administrative regulation for distribution to school
councils, the local board shall make every reasonable effort to make up the
deficit.
Section 8.
(1) A tentative amount for professional
development shall be allocated within thirty (30) days of notification from the
Kentucky Department of Education, pursuant to
KRS
160.345(8).
(2) The amount allocated shall be equal to at
least the minimum requirement multiplied by the average daily attendance from
the prior school year.
(3) The
amount of professional development allocation shall be amended by September 15
to reflect the most recent annual average daily attendance.
Section 9. Each year school councils shall
review the budgets for all categorical programs and provide comments to the
local board prior to the adoption of the budgets.
Section 10. A school council allocation by
the district shall not result in a proposed expenditure that would cause the
district budget to hold in reserve less than the required amount set by
KRS
160.470.
Section 11. A district shall not be
prohibited from passing on to school councils any reduction in state and local
revenues.
Section 12.
(1) The Kentucky Board of Education may
approve requests from local school districts annually to use an alternative
formula to allocate funds to schools.
(2) A local school district requesting
approval to use an alternative process shall submit written documentation that
the formula would generate funding equal to or greater than the amount provided
to school councils under Section 3 of this administrative regulation.
(3) All requests shall be received by the
Kentucky Department of Education by October 1 preceding the allocation
year.
(4) Any alternative process
approved by the Kentucky Board of Education shall be subject to subsequent
review.
Section 13. Under
Sections 4 and 5 of this administrative regulation, the funds allocated for
staff positions shall be exactly the amounts permitted by the board policies or
guidelines required in those sections.