House Bill 563

Actions | Amendments
Last Action 03/30/21: delivered to Secretary of State (Acts Ch. 167)
Title AN ACT relating to education.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Fiscal Note
Additional Fiscal Impact Statements Exist
Bill Request Number 1716
Sponsors C. McCoy, S. Santoro
Summary of Original Version Amend KRS 157.350 to allow inclusion of nonresident pupils in a district's average daily attendance; amend KRS 158.120 to require a local board of education to adopt a nonresident student policy and forbid discrimination among nonresident students; require the Kentucky Department of Education to submit a report by August 1, 2021 concerning options to ensure a school district's local effort funds follow a students to the district in which the student is enrolled; specify that no provisions are intended to override current rules and regulations adopted by the Kentucky High School Athletics Association, including transfers.
Index Headings of Original Version Fiscal Note - Local school boards, nonresident pupil policy, adoption
Education, Elementary and Secondary - Local school boards, nonresident pupil policy, adoption
Education, Elementary and Secondary - Nonresident students, average daily attendance, inclusion
State Agencies - Kentucky Department of Education, local effort transfer for nonresident students, report
Athletics - Kentucky High School Athletic Association, rules and regulations, uphold
Boards and Commissions - Local school boards, nonresident pupil policy, adoption
Reports Mandated - Local effort transfer for nonresident students, Kentucky Department of Education, requirement
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Amendment 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
House Floor Amendment 6
House Floor Amendment 7
House Floor Amendment 8
House Floor Amendment 9
House Floor Amendment 10
House Floor Amendment 11
House Floor Amendment 12
House Floor Amendment 13
House Floor Amendment 14
House Floor Amendment 15
House Floor Amendment 16
House Floor Amendment 17
House Floor Amendment 18
House Floor Amendment 19
House Floor Amendment 20
Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Senate Floor Amendment 5
Senate Floor Amendment 6
Senate Floor Amendment 7
Senate Floor Amendment 8
Votes Vote History
Governor's Veto Message Veto

Actions

Top | Amendments
02/23/21
  • introduced in House
  • to Committee on Committees (H)
02/24/21
  • to Education (H)
02/25/21
  • posted in committee
02/26/21
  • reassigned to Appropriations & Revenue (H)
03/01/21
  • taken from Appropriations & Revenue (H)
  • 1st reading
  • returned to Appropriations & Revenue (H)
03/02/21
  • taken from Appropriations & Revenue (H)
  • 2nd reading
  • returned to Appropriations & Revenue (H)
03/04/21
  • posted in committee
03/11/21
  • reported favorably, to Rules with Committee Substitute and committee amendment (1-title)
  • taken from Rules (H)
  • placed in the Orders of the Day
  • floor amendments (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), and (20) filed to Committee Substitute
  • 3rd reading
  • floor amendments (2), (5), (7), and (10) defeated
  • passed 51-45 with Committee Substitute, floor amendments (1), (14), (20), and committee amendment (1-title)
03/12/21
  • received in Senate
  • to Committee on Committees (S)
  • to Appropriations & Revenue (S)
  • taken from Appropriations & Revenue (S)
  • 1st reading
  • returned to Appropriations & Revenue (S)
  • floor amendments (1), (2), and (3) filed
03/15/21
  • taken from Appropriations & Revenue (S)
  • 2nd reading
  • returned to Appropriations & Revenue (S)
  • floor amendment (1) withdrawn
  • floor amendment (4), (5), and (6) filed
03/16/21
  • reported favorably, to Rules with Committee Substitute (1)
  • posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2021
  • floor amendments (7) and (8) filed to Committee Substitute
  • 3rd reading
  • floor amendments (2), (3), (4), (5), and (6) ruled not germane
  • passed 21-15 with Committee Substitute (1)
  • received in House
  • to Rules (H)
  • taken from Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute (1)
  • House concurred in Senate Committee Substitute (1)
  • passed 48-47
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/24/21
  • Vetoed
03/29/21
  • received in House
  • to Rules (H)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • Bill passed 51-42
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • Bill passed 23-14
  • received in House
03/30/21
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Secretary of State (Acts Ch. 167)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Fiscal Note to House Committee Substitute 1
Summary Retain original language; delay nonresident student enrollment provisions until July 1, 2022; establish interscholastic eligibility rule for students utilizing new nonresident enrollment option; modify KDE report and due date to November 1, 2021; and direct the Legislative Research Commission to establish the School Funding Task Force to study school funding mechanisms and report any recommended changes to improve equity and efficiency by December 1, 2021; create new sections in KRS Chapter 141 to establish the Education Opportunity Account Program; define terms and eligibility for the program; establish the requirements of the account-granting organizations and the Department of Revenue; allow auditing of account-granting organizations by the Department of Revenue; create a tax credit for taxes imposed by KRS 141.020, 141.040, and 141.0401 for taxable years beginning on or after January 1, 2021, but before January 1, 2026; require the tax credit to have an annual cap of $25,000,000; require reporting to the Interim Joint Committee on Appropriations and Revenue; create short title; amend KRS 141.0205 to order the tax credit; amend KRS 131.190 to allow reporting by the Department of Revenue.
Index Headings Task Forces, Legislative Branch - School Funding Task Force, establishment
Fiscal Note - Education Opportunity Account Program
Charitable Organizations and Institutions - Account-granting organizations, Education Opportunity Account Program
Short Titles and Popular Names - Education Opportunity Account Act, EOA Act
Taxation - Education Opportunity Account Program tax credit
Taxation, Income--Corporate - Education Opportunity Account Program tax credit
Taxation, Income--Individual - Education Opportunity Account Program tax credit
Education, Elementary and Secondary - School Funding Task Force, establishment
Education, Elementary and Secondary - Education Opportunity Account Program
Education, Finance - School Funding Task Force, establishment
Education, Finance - Education Opportunity Account Program
General Assembly - School Funding Task Force, establishment
Legislative Research Commission - School Funding Task Force, establishment
State Agencies - Kentucky Department of Education, nonresident student funding report
State Agencies - Department of Revenue, Education Opportunity Account Program tax credit
Athletics - Nonresident student transfer, eligibility rules
Reports Mandated - Nonresident student funding, Kentucky Department of Education, due date
Reports Mandated - Department of Revenue, Education Opportunity Account Program

Amendment House Committee Amendment 1
Sponsor J. Tipton
Summary Make title amendment.
Index Headings Title Amendments - HB 563

Amendment House Floor Amendment 1
Sponsor S. Riley
Summary Amend KRS 158.060 to remove language that allows for half-day kindergarten programs; amend KRS 157.320 and 157.360 to conform.
Index Headings Education, Elementary and Secondary - Kindergarten, full day of instruction
Children and Minors - Kindergarten, full day of attendance

Amendment House Floor Amendment 2
Sponsor M. Lockett
Summary Allow nonpublic school tuition for prekindergarten to grade 12 to be a qualifying expense in an EOA program.
Index Headings Education, Elementary and Secondary - EOA program, nonpublic school prekindergarten to grade 12 tuition
Education, Finance - EOA program, nonpublic school prekindergarten to grade 12 tuition
Children and Minors - EOA program, nonpublic school prekindergarten to grade 12 tuition

Amendment House Floor Amendment 3
Sponsor J. Raymond
Summary Require that funds from an EOA first be awarded to first-time applicants whose household income does not exceed that necessary to establish eligibility for reduced-price meals based on size of household as determined annually by the United States Department of Agriculture applicable to the Commonwealth, pursuant to 42 U.S.C. secs. 1751 to 1789 and then award any remaining funds to other first-time applicants based on a random lottery.
Index Headings Education, Elementary and Secondary - EOA program, priority of distribution of funds from EOA
Education, Finance - EOA program, priority of distribution of funds from EOA

Amendment House Floor Amendment 4
Sponsor J. Raymond
Summary Require an eligible student to be a student with special needs.
Index Headings Disabilities and the Disabled - EOA program, eligible student definition, student with special needs
Education, Elementary and Secondary - EOA program, eligible student definition, student with special needs
Education, Finance - EOA program, eligible student definition, student with special needs
Children and Minors - EOA program, eligible student definition, student with special needs

Amendment House Floor Amendment 5
Sponsor J. Raymond
Summary Require an AGO to provide demographic information on eligible students who apply for an EOA; require the Kentucky Board of Education to promulgate an administrative regulation to establish the required demographic information to be collected.
Index Headings Administrative Regulations and Proceedings - Board of Education, account-granting organizations, EOA program, student demographic reporting
Charitable Organizations and Institutions - Account-granting organizations, EOA program, student demographic reporting
Children and Minors - Account-granting organizations, EOA program, student demographic reporting
Reports Mandated - Account-granting organizations, EOA program, student demographic reporting

Amendment House Floor Amendment 6
Sponsor J. Raymond
Summary Include tuition and fees for day camp programs licensed by the Kentucky Department for Public Health as a qualifying expense for funds received from an EOA program.
Index Headings Education, Elementary and Secondary - EOA program eligible expenses, day camp program tuition and fees
Education, Finance - EOA program eligible expenses, day camp program tuition and fees
Children and Minors - EOA program eligible expenses, day camp program tuition and fees

Amendment House Floor Amendment 7
Sponsor J. Raymond
Summary Require every individual applying for approval as an education service provider to complete a state criminal background check, a national criminal history, and provide a letter from the Cabinet of Health and Family Services indicating no administrative findings of child abuse or neglect as part of the approval process; allow approval if the individual is unable to complete the required background checks for reasons beyond the control of the individual; require individuals employed by, contracted by, or a volunteer of an entity applying for approval as an education service provider to be subject to the background check provisions.
Index Headings Criminal Procedure - EOA program, education service provider approval process, background check requirement
State Agencies - EOA program, education service provider approval process, background check requirement

Amendment House Floor Amendment 8
Sponsor J. Raymond
Summary Include tuition and fees to attend a nonpublic prekindergarten schools certified under the rating system established by KRS 199.8943 in the list of qualifying expenses.
Index Headings Education, Finance - EOA program qualifying expenses, certified nonpublic prekindergarten schools
Children and Minors - EOA program qualifying expenses, certified nonpublic prekindergarten schools

Amendment House Floor Amendment 9
Sponsor J. Raymond
Summary Amend the definition of "eligible student" to require the student to be a member of a household with an annual household income that is not above the amount of household income necessary to establish eligibility for reduced-price meals based on size of household as determined annually by the United States Department of Agriculture applicable to the Commonwealth, pursuant to 42 U.S.C. secs. 1751 to 1789; require the AGO to retain all unallocated contributions for use in a subsequent application year; and make conforming changes.
Index Headings Education, Finance - EOA program contribution allocation and eligible student definition
Taxation - EOA program contribution allocation and eligible student definition

Amendment House Floor Amendment 10
Sponsor J. Raymond
Summary Remove requirement that an education service provider not be required to alter its creed, practices, admissions, policy, or curriculum in order to accept payments from an EOA; prohibit an education service provider from discriminating based on race, creed, color, ethnicity, nationality, disabliltiy, age, sexual orientation, or gender identity.
Index Headings Aged Persons and Aging - EOA program, education service provider, discrimination prohibited
Disabilities and the Disabled - EOA program, education service provider, discrimination prohibited
Religion - EOA program, education service provider, discrimination prohibited

Amendment House Floor Amendment 11
Sponsor J. Raymond
Summary Amend the definition of eligible student to require the student to be a member of a household with an annual household income that is at or below 160% of the federal poverty level; allow the AGO to continue to making payments into an EOA until the EOA student's family income has increased above 200% of the federal poverty level.
Index Headings Education, Elementary and Secondary - EOA program, eligibility requirements
Education, Finance - EOA program, eligibility requirements
Children and Minors - EOA program, eligibility requirements

Amendment House Floor Amendment 12
Sponsor J. Raymond
Summary Include in the AGO's reporting requirements a list of services provided to EOA students with funds from an EOA and the total amount of funds and EOAs for each service.
Index Headings Education, Elementary and Secondary - EOA program, AGO reporting requirements
Education, Finance - EOA program, AGO reporting requirements
Reports Mandated - EOA program, AGO reporting requirements

Amendment House Floor Amendment 13
Sponsor T. Bojanowski
Summary Delete all provisions except those directing the Legislative Research Commission to establish the School Funding Task Force.
Index Headings Education, Elementary and Secondary - School Funding Task Force, establishment
Education, Finance - School Funding Task Force, establishment
General Assembly - School Funding Task Force, establishment
Legislative Research Commission - School Funding Task Force, establishment
Task Forces, Legislative Branch - School Funding Task Force, establishment

Amendment House Floor Amendment 14
Sponsor C. McCoy
Summary Specify school districts detemine enrollment capacity; require boards of education to file nonresident pupil policies with the Kentucky Department of Education; delete School Funding Task Force; and make technical corrections.
Index Headings Education, Elementary and Secondary - Nonresident pupil policies, submission, Kentucky Department of Education
Education, Elementary and Secondary - Enrollment capacity, district determination
State Agencies - Kentucky Department of Education, nonresident pupil policies, submission
Technical Corrections - HB 563
Education, Finance - School Funding Task Force, deletion
General Assembly - School Funding Task Force, deletion
Legislative Research Commission - School Funding Task Force, deletion
Task Forces, Executive Branch - School Funding Task Force, deletion

Amendment House Floor Amendment 15
Sponsor F. Rabourn
Summary Remove sunset date from tax credit.
Index Headings Education, Finance - EOA program, tax credit sunset
Taxation - Corporate tax, EOA program, tax credit sunset
Taxation, Income--Corporate - EOA program, tax credit sunset

Amendment House Floor Amendment 16
Sponsor F. Rabourn
Summary Establish a $25,000,000 cap for the tax credit; permit the cap to be increased by 25% when the total credits from the immediately preceding year equal at least 90% of the cap; prohibit the cap to increase above $95,000,000.
Index Headings Education, Finance - EOA program, tax credit cap
Taxation - EOA program, tax credit cap
Taxation, Income--Corporate - EOA program, tax credit cap

Amendment House Floor Amendment 17
Sponsor J. Miller
Summary Require an eligible student to be a resident of a Kentucky county with a population greater than 150,000.
Index Headings Children and Minors - EOA program, Eligible student definition
Counties - EOA program, Eligible student definition
Counties of 75,000 or More - EOA program, Eligible student definition
Education, Elementary and Secondary - EOA program, Eligible student definition

Amendment House Floor Amendment 18
Sponsor J. Miller
Summary Require an eligible student to be a resident of a Kentucky county with a population greater than 150,000.
Index Headings Education, Elementary and Secondary - EOA program, Eligible student definition
Children and Minors - EOA program, Eligible student definition
Counties - EOA program, Eligible student definition
Counties of 75,000 or More - EOA program, Eligible student definition

Amendment House Floor Amendment 19
Sponsor J. Miller
Summary Prohibit an education service provider from discriminating based on race, creed, color, sex, ethnicity, nationality, disabliltiy, or age.
Index Headings Disabilities and the Disabled - EOA program, education service provider, discrimination prohibited
Religion - EOA program, education service provider, discrimination prohibited
Aged Persons and Aging - EOA program, education service provider, discrimination prohibited

Amendment House Floor Amendment 20
Sponsor J. Miller
Summary Include tuition and fees to attend a prekindergarten to grade 12 nonpublic school as a qualifying expense when the eligible student resides in a Kentucky county with a population greater than one hundred fifty thousand.
Index Headings Education, Elementary and Secondary - EOA program, qualifying expenses, nonpublic school tuition, county population requirement
Children and Minors - EOA program, qualifying expenses, nonpublic school tuition, county population requirement
Counties - EOA program, qualifying expenses, nonpublic school tuition, county population requirement
Counties of 75,000 or More - EOA program, qualifying expenses, nonpublic school tuition, county population requirement

Amendment Senate Committee Substitute 1
Summary Retain original provisions; permit EOA students that reside in a county with a population of 90,000 or more, as determined by the 2010 U.S. Census Bureau report, to use funds from an EOA program to pay for tuition and fees to attend a nonpublic school; remove sections 22, 23, and 24 relating to kindergarten.
Index Headings Education, Elementary and Secondary - EOA program, eligible expenses, nonpublic school tuition, counties with population over 95,000
Education, Elementary and Secondary - Kindergarten, full day of instruction, remove
Education, Finance - EOA program, eligible expenses, nonpublic school tuition, counties with population over 95,000
Children and Minors - EOA program, eligible expenses, nonpublic school tuition, counties with population over 95,000
Children and Minors - Kindergarten, full day of attendance, remove
Counties - EOA program, eligible expenses, nonpublic school tuition, counties with population over 95,000
Counties of 75,000 or More - EOA program, eligible expenses, nonpublic school tuition, counties with population over 95,000

Amendment Senate Floor Amendment 1
Sponsor W. Westerfield
Summary Prevent a school district from charging tuition or fees to nonresident pupils.
Index Headings Education, Elementary and Secondary - Nonresident student, school district tuition and fees, forbid
Education, Finance - Nonresident student, school district tuition and fees, forbid

Amendment Senate Floor Amendment 2
Sponsor W. Westerfield
Summary Place a cap on tuition charged to nonresident pupils by school districts.
Index Headings Education, Elementary and Secondary - Nonresident pupils, school district tuition, cap
Education, Finance - Nonresident pupils, school district tuition, cap

Amendment Senate Floor Amendment 3
Sponsor W. Westerfield
Summary Include nonpublic school tuition for prekindergarten to grade 12 to be a qualifying expense in an EOA program.
Index Headings Education, Elementary and Secondary - EOA program, nonpublic school prekindergarten to grade 12 tuition
Education, Finance - EOA program, nonpublic school prekindergarten to grade 12 tuition
Children and Minors - EOA program, nonpublic school prekindergarten to grade 12 tuition

Amendment Senate Floor Amendment 4
Sponsor W. Schroder
Summary Change counties where tuition and fees to attend nonpublic schools are a qualifying expense to Kentucky counties with a population greater than 90,000.
Index Headings Education, Elementary and Secondary - EOA program, qualifying expenses, nonpublic school tuition, county population requirement
Children and Minors - EOA program, qualifying expenses, nonpublic school tuition, county population requirement
Counties - EOA program, qualifying expenses, nonpublic school tuition, county population requirement
Counties of 75,000 or More - EOA program, qualifying expenses, nonpublic school tuition, county population requirement

Amendment Senate Floor Amendment 5
Sponsor M. McGarvey
Summary Remove requirement that an education service provider not be required to alter its creed, practices, admissions, policy, or curriculum in order to accept payments from an EOA; and prohibit an education service provider from discriminating based on race, creed, color, ethnicity, nationality, disabliltiy, age, sexual orientation, or gender identity.
Index Headings Disabilities and the Disabled - EOA program, education service provider, discrimination prohibited
Religion - EOA program, education service provider, discrimination prohibited
Aged Persons and Aging - EOA program, education service provider, discrimination prohibited

Amendment Senate Floor Amendment 6
Sponsor W. Westerfield
Summary Remove the AGO's authority to define and limit the services that the EOA funds may cover; require that the AGO ensure that every qualifying expense permitted in the bill is offered by one or more of the education service providers on the AGO's approved list; and require that an intermediary organization distribute 98% of the total annual contributions it receives equally among all AGOs in the Commonwealth before the last day of the intermediary organization's succeeding calendar year or fiscal year, as applicable.
Index Headings Education, Elementary and Secondary - EOA program, AGO and intermediary organization requirements
Education, Finance - EOA program, AGO and intermediary organization requirements

Amendment Senate Floor Amendment 7
Sponsor M. McGarvey
Summary Remove requirement that an education service provider not be required to alter its creed, practices, admissions, policy, or curriculum in order to accept payments from an EOA; prohibit an education service provider from discriminating based on race, creed, color, ethnicity, nationality, disability, age, sexual orientation, or gender identity.
Index Headings Disabilities and the Disabled - EOA program, education service provider, discrimination prohibited
Religion - EOA program, education service provider, discrimination prohibited
Aged Persons and Aging - EOA program, education service provider, discrimination prohibited

Amendment Senate Floor Amendment 8
Sponsor A. Southworth
Summary Include nonpublic school tuition for prekindergarten to grade 12 to be a qualifying expense in an EOA program for all counties.
Index Headings Education, Elementary and Secondary - EOA program, nonpublic school prekindergarten to grade 12 tuition
Education, Finance - EOA program, nonpublic school prekindergarten to grade 12 tuition
Children and Minors - EOA program, nonpublic school prekindergarten to grade 12 tuition

Last updated: 4/14/2021 8:30 AM (EDT)
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