Last Action | 04/14/22: delivered to Secretary of State (Acts Ch. 213) |
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Title | AN ACT relating to educational opportunities and making an appropriation therefor. |
Bill Documents |
Acts Chapter 213
Current/Final Introduced |
Fiscal Impact Statements |
Actuarial Analysis
Fiscal Note Additional Fiscal Impact Statements Exist |
Bill Request Number | 23 |
Sponsors | C. McCoy, L. Bechler, A. Koenig, K. Moser, S. Santoro |
Summary of Original Version | Amend KRS 160.1590 to include definitions for "district of location", "private postsecondary institution", "proportionate per pupil basis", "proportionate per pupil transported basis"; change the definition of "authorizer" to include public and private postsecondary institution, the Kentucky Public Charter School Commission, the Kentucky Board of Education, and certain nonprofit entities; remove definitions for "achievement academy", "regional achievement academy", "regional achievement zone", and "start-up public charter school; amend KRS 160.1591 to allow nonresident enrollment, allow enrollment lottery to consider siblings, and remove regional achievement zones; amend KRS 160.1592 to require public charter schools to record student enrollment and attendance data in a manner necessary to participate in the Support Education Excellence in Kentucky (SEEK) fund; amend KRS 160.1593 to require public charter school applications to outline resident and nonresident enrollment policies, explain how the school’s proposed education program will serve students with individualized education programs or provide career readiness education opportunities, and require a memorandum of understanding with the district of location if the district has a total student enrollment of 5,000 or less; amend KRS 160.1594 to require any authorizer to establish an annual timeline for the application process, allow authorizers to give preference to applications that provide career readiness education opportunities, change the application process to allow for seeking an extension for curing deficiencies identified by the authorizer, and make changes to the review process; amend KRS 160.1595 to allow appeals to the Kentucky Public Charter School Commission in addition to the Kentucky Board of Education, require either to provide technical assistance to a charter applicant upon request, and modify appellate procedures; amend KRS 160.1596 to establish public charter schools as schools within an authorizing district for state and local funding purposes, establish public charter schools as local education agencies for federal funding purposes, establish terms for students enrolled in a public charter school to be included in the average daily attendance and transportation calculations of the district of location, establish a calculation to identify the amount of funding for a district of location to transfer to public charter schools, require public charter schools to provide services if funding received is tied to providing a service, establish how funding a collaborative's public charter school shall be determined, establish how data will be developed to provide funding during the public charter school's first year of operation, provide a transfer mechanism with authorizer fees and penalty provisions, determine how the Kentucky Board of Education shall develop a schedule for the transfer of funds, make public charter schools eligible for federal and state grants, require the commissioner of education to apply for all federal funding that supports charter school initiatives, determine the distribution of public charter school assets upon closure, and authorize the Kentucky Board of Education to promulgate regulations for the calculation and distribution of funds to public charter schools; amend KRS 160.1597 to permit a charter contract to range from 5 to 7 years; amend KRS 160.1598 and 160.1599 to conform; amend KRS 161.141 to require a public charter school participate in the state-sponsored health insurance program, require any on behalf payment made by the state for local public employees or school district employees also be made for public charter school employees, require public charter schools to make employer contributions to retirement systems in the same manner as school districts, limit the accrual to sick leave credit for public charter school employees to the same limits as the authorizing district, and require employees of education service providers to have the same certifications and background checks as public charter school employees; create a new section of KRS 160.1590 to 160.1599 to establish the Kentucky Public Charter School Commission and its composition, authority, and operations; amend KRS 18.225, 161.220, and 78.510 to conform; provide that any provision of this Act is severable; establish the General Assembly’s intent that if KRS 141.500 to 141.901 is held unconstitutional due to the provisions of KRS 141.504, then the remedy should be to make those provisions applicable to all counties; APPROPRIATION; EMERGENCY. |
Index Headings of Original Version |
Actuarial Analysis - Public charter shcools, funding, insurance, retirement, operations Fiscal Note - Public charter schools, retirements system participation Courts, Circuit - Public charter school closure, disposition of funds Education, Elementary and Secondary - Local boards of education, public charter school funding Education, Elementary and Secondary - Public charter school, operation Education, Elementary and Secondary - Public charter schools, authorizers Education, Elementary and Secondary - Public charter schools, education service providers, employment requirements Education, Elementary and Secondary - Public charter schools, funding Education, Elementary and Secondary - Public charter schools, retirements system, participation Education, Elementary and Secondary - Public charter schools, state health insurance, participation Education, Finance - Public charter schools, funding Education, Finance - Public charter schools, retirements system participation Education, Finance - Public charter schools, state health insurance, participation Education, Higher - Public charter school authorizers, universities and colleges Effective Dates, Emergency - Education opportunity accounts, constitutionality, remedy Insurance, Health - State employee health plan, public charter school employees, inclusion Retirement and Pensions - CERS, public charter school employees, participation Retirement and Pensions - Teachers' Retirement System, public charter school employees, participation State Agencies - Board of Education, public charter school funding, regulations State Agencies - Kentucky Public Charter School Commission, creation Teachers - Public charter school employees, Teachers' Retirement System, participation Teachers - Public charter schools, education service provider employees, certification required Transportation - Public charter school, funding Universities and Colleges - Public charter school authorizers, universities and colleges Administrative Regulations and Proceedings - Kentucky Board of Education, public charter school funding Appropriations - Public charter school, funding Corporations - Public charter school authorizers, nonprofit entities Boards and Commissions - Kentucky Board of Education, public charter school funding, regulations Boards and Commissions - Kentucky Public Charter School Commission, creation Boards and Commissions - Local boards of education, public charter school, authorization Background Checks - Public charter schools, education service provider employees |
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 House Floor Amendment 21 House Floor Amendment 22 House Floor Amendment 23 House Floor Amendment 24 House Floor Amendment 25 House Floor Amendment 26 House Floor Amendment 27 House Floor Amendment 28 House Floor Amendment 29 House Floor Amendment 30 House Floor Amendment 31 House Floor Amendment 32 House Floor Amendment 33 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 |
Votes | Vote History |
Governor's Veto Message | Veto |
03/01/22 |
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03/02/22 |
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03/04/22 |
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03/08/22 |
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03/14/22 |
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03/15/22 |
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03/16/22 |
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03/17/22 |
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03/21/22 |
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03/22/22 |
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03/23/22 |
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03/24/22 |
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03/29/22 |
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04/07/22 |
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04/13/22 |
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04/14/22 |
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Amendment | House Committee Substitute 1 |
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Fiscal Impact Statement | Actuarial Analysis to House Committee Substitute 1 |
Summary | Retain original language, except remove postsecondary education institutions, Kentucky Public Charter School Commission, the Kentucky Board of Education, and qualifying nonprofit organizations as authorizers; define "urban academy"; establish food program requirements at public charter schools; delete the Kentucky Public Charter School Commission; exempt urban academies from the memorandum of understanding requirement if all independent school districts in a county enroll greater than 7,500; provide that districts are not obligated to provide transportation to public charter school students if the school does not provide services; delete changes to charter contract terms; establish the Kentucky Public Charter School Pilot Project; identify pilot project authorizers; require at least one charter authorization; require pilot authorizers to submit reports; require the Office of Education Accountability to review the performance of pilot public charter schools; remove language concerning education opportunity accounts; remove emergency clause. |
Index Headings |
Education, Elementary and Secondary - Kentucky Public Charter School Pilot Project, creation Education, Elementary and Secondary - Public charter school, requirements Education, Elementary and Secondary - Public charter schools, authorizers Studies Directed - Kentucky Public Charter School Pilot Project, Office of Education Accountability, performance Transportation - Public charter schools, student transportation, requirement Boards and Commissions - Kentucky Public Charter School Commission, removal as authorizer Reports Mandated - Kentucky Public Charter School Pilot Project, authorizers, activities Actuarial Analysis - Kentucky Public Charter School Pilot Project |
Amendment | House Committee Amendment 1 |
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Sponsor | C. McCoy |
Summary | Make title amendment. |
Index Headings | Title Amendments - HB 9 |
Amendment | House Floor Amendment 1 |
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Sponsor | T. Bojanowski |
Summary | Change the term of a public charter school contract to three years. |
Index Headings |
Contracts - Public charter school, three year contract term, establish Education, Elementary and Secondary - Public charter school, three year contract term, establish |
Amendment | House Floor Amendment 2 |
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Sponsor | T. Bojanowski |
Summary | Require education service providers contracted with public charter schools and the associated contracts be listed on Kentucky Department of Education's Web site. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, education service providers, public listing Education, Finance - Public charter schools, education service providers, public listing |
Amendment | House Floor Amendment 3 |
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Sponsor | T. Bojanowski |
Summary | Limit the number of public charter schools in the state to five unless waived by the General Assembly. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, number, limitation General Assembly - Public charter schools, number, limitation waiver |
Amendment | House Floor Amendment 4 |
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Sponsor | T. Bojanowski |
Summary | Require public charter schools to only contract with education service providers that are nonprofit entities. |
Index Headings |
Contracts - Public charter schools, nonprofit education service providers, require Education, Elementary and Secondary - Public charter schools, nonprofit education service providers, require Education, Finance - Public charter schools, nonprofit education service providers, require |
Amendment | House Floor Amendment 5 |
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Sponsor | T. Bojanowski |
Summary | Change the retained authorizer fee for public charter school authorizers from 3% to 1% of the funds transferred. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, authorizer fee, establish Education, Finance - Public charter schools, authorizer fee, establish |
Amendment | House Floor Amendment 6 |
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Sponsor | T. Bojanowski |
Summary | Remove governing boards of postsecondary institutions, nonprofit organizations, and the Kentucky Public Charter School Commission as authorizers of public charter schools, delete Kentucky Public Charter School Commission as an appellate body. |
Index Headings |
Boards and Commissions - Kentucky Public Charter School Commission, remove Education, Elementary and Secondary - Public charter schools, authorizers, reduce Education, Elementary and Secondary - Kentucky Public Charter School Commission, remove Education, Higher - Public charter school authorizers, postsecondary governing boards, remove Universities and Colleges - Public charter school authorizers, postsecondary governing boards, remove |
Amendment | House Floor Amendment 7 |
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Sponsor | T. Bojanowski |
Summary | Require public charter school board of director members be residents of the school district in which the public charter school is located; require to have at least 75% of members be elected by the residents of the district in which the public charter school is located; establish the election guidelines; require the public charter school application include a plan for implementing the elected board. |
Index Headings |
Education, Elementary and Secondary - Public charter school, board of directors, election Education, Elementary and Secondary - Public charter school, board of directors residency, eligibility Education, Elementary and Secondary - Public charter school application, board of directors election, plan requirement Elections and Voting - Public charter school, board of directors, election |
Amendment | House Floor Amendment 8 |
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Sponsor | J. Raymond |
Summary | Provide that a different person subsequently elected mayor or chief executive officer may revoke charter authorization of previous office holder. |
Index Headings |
Cities - Public charter schools, mayor authorized, revocation Education, Elementary and Secondary - Public charter schools, mayor authorized, revocation |
Amendment | House Floor Amendment 9 |
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Sponsor | J. Raymond |
Summary | Establish procedure for conversion public charter schools to revert to standard district school. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, conversion, revert Education, Finance - Public charter schools, conversion, revert |
Amendment | House Floor Amendment 10 |
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Sponsor | J. Raymond |
Summary | Forbid the giving of financial incentives to induce a student to enroll at a public charter school. |
Index Headings |
Education, Elementary and Secondary - Public charter school, enrollment financial incentives, forbid Education, Finance - Public charter school, enrollment financial incentives, forbid |
Amendment | House Floor Amendment 11 |
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Sponsor | T. Bojanowski |
Summary | Require a charter application include a local district impact statement. |
Index Headings |
Education, Elementary and Secondary - Public charter school application, local district impact statement, require Education, Finance - Public charter school application, local district impact statement, require |
Amendment | House Floor Amendment 12 |
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Sponsor | T. Bojanowski |
Summary | Require add-on and funding factor moneys for special education services for a student be divided between the district and the public charter school when that student has been enrolled in both during the year. |
Index Headings |
Education, Elementary and Secondary - Public charter school, special education funding, dividing Education, Finance - Public charter school, special education funding, dividing |
Amendment | House Floor Amendment 13 |
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Sponsor | B. McCool |
Summary | Raise district enrollment from 5,000 or less to 7,500 or less for the requirement that a charter application include a memorandum of agreement with the district of location endorsing the application. |
Index Headings |
Education, Elementary and Secondary - Public charter school application, memorandum of understanding requirement Education, Finance - Public charter school application, memorandum of understanding requirement |
Amendment | House Floor Amendment 14 |
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Sponsor | T. Bojanowski |
Summary | Require charter school authorizers to annually collect data on student withdrawals and disciplinary actions. |
Index Headings | Education, Elementary and Secondary - Charter school authorizers, data collection, requirement |
Amendment | House Floor Amendment 15 |
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Sponsor | T. Bojanowski |
Summary | Require public charter schools to provide food programs to free and reduced-price qualifying students similar to the National School Lunch Program. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, food program, requirements Education, Finance - Public charter schools, food program, requirements |
Amendment | House Floor Amendment 16 |
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Sponsor | T. Bojanowski |
Summary | Prohibit a public charter school from charging fees to students not typically charged to other public school students. |
Index Headings | Education, Elementary and Secondary - Public charter schools, fees, prohibition |
Amendment | House Floor Amendment 17 |
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Sponsor | T. Bojanowski |
Summary | Remove provisions for the transfer of locally raised funds to public charter schools. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, local revenue, transfer Education, Finance - Public charter schools, local revenue, transfer |
Amendment | House Floor Amendment 18 |
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Sponsor | T. Bojanowski |
Summary | Require public charter schools establish a wait list for students who are not selected through the lottery process. |
Index Headings |
Education, Elementary and Secondary - Public charter school, enrollment, wait list Education, Finance - Public charter school, enrollment, wait list |
Amendment | House Floor Amendment 19 |
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Sponsor | T. Bojanowski |
Summary | Require public charter schools to only contract with education service providers that are nonprofit entities. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, nonprofit education service providers, require Education, Finance - Public charter schools, nonprofit education service providers, require Contracts - Public charter schools, nonprofit education service providers, require |
Amendment | House Floor Amendment 20 |
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Sponsor | T. Bojanowski |
Summary | Change the term of a public charter school contract to three years. |
Index Headings |
Education, Elementary and Secondary - Public charter school, three year contract term, establish Contracts - Public charter school, three year contract term, establish |
Amendment | House Floor Amendment 21 |
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Sponsor | T. Bojanowski |
Summary | Limit the number of public charter schools in the state to five unless waived by the General Assembly. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, number, limitation General Assembly - Public charter schools, number, limitation waiver |
Amendment | House Floor Amendment 22 |
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Sponsor | T. Bojanowski |
Summary | Change the retained authorizer fee for public charter school authorizers from 3% to 1% of the funds transferred or the prior year's actual authorizer costs, whichever is less. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, authorizer fee, establish Education, Finance - Public charter schools, authorizer fee, establish |
Amendment | House Floor Amendment 23 |
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Sponsor | T. Bojanowski |
Summary | Require public charter school board of director members be residents of the school district in which the public charter school is located; require to have at least 75% of members be elected by the residents of the district in which the public charter school is located; establish the election guidelines; require the public charter school application include a plan for implementing the elected board. |
Index Headings |
Education, Elementary and Secondary - Public charter school application, board of directors election, plan requirement Education, Elementary and Secondary - Public charter school, board of directors residency, eligibility Education, Elementary and Secondary - Public charter school, board of directors, election Elections and Voting - Public charter school, board of directors, election |
Amendment | House Floor Amendment 24 |
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Sponsor | T. Bojanowski |
Summary | Require a charter application include a local district impact statement. |
Index Headings |
Education, Elementary and Secondary - Public charter school application, local district impact statement, require Education, Finance - Public charter school application, local district impact statement, require |
Amendment | House Floor Amendment 25 |
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Sponsor | T. Bojanowski |
Summary | Require add-on and funding factor moneys for special education services for a student be divided between the district and the public charter school when that student has been enrolled in both during the year. |
Index Headings |
Education, Elementary and Secondary - Public charter school, special education funding, dividing Education, Finance - Public charter school, special education funding, dividing |
Amendment | House Floor Amendment 26 |
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Sponsor | T. Bojanowski |
Summary | Require charter school authorizers to annually collect data on student withdrawals and disciplinary actions. |
Index Headings | Education, Elementary and Secondary - Charter school authorizers, data collection, requirement |
Amendment | House Floor Amendment 27 |
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Sponsor | T. Bojanowski |
Summary | Prohibit a public charter school from charging fees to students not typically charged to other public school students. |
Index Headings | Education, Elementary and Secondary - Public charter schools, fees, prohibition |
Amendment | House Floor Amendment 28 |
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Sponsor | T. Bojanowski |
Summary | Remove provisions for the transfer of locally raised funds to public charter schools. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, local revenue, transfer Education, Finance - Public charter schools, local revenue, transfer |
Amendment | House Floor Amendment 29 |
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Sponsor | T. Bojanowski |
Summary | Require public charter schools establish a wait list for students who are not selected through the lottery process. |
Index Headings |
Education, Elementary and Secondary - Public charter school, enrollment, wait list Education, Finance - Public charter school, enrollment, wait list |
Amendment | House Floor Amendment 30 |
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Sponsor | F. Rabourn |
Summary | Restore provisions concerning the Kentucky Public Charter School Commission. |
Index Headings |
Education, Elementary and Secondary - Kentucky Public Charter School Commission, restore Education, Finance - Kentucky Public Charter School Commission, restore State Agencies - Kentucky Public Charter School Commission, restore |
Amendment | House Floor Amendment 31 |
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Sponsor | J. Raymond |
Summary | Establish procedure for conversion public charter schools to revert to standard district school. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, conversion, revert Education, Finance - Public charter schools, conversion, revert |
Amendment | House Floor Amendment 32 |
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Sponsor | J. Raymond |
Summary | Provide that a different person subsequently elected mayor or chief executive officer may revoke charter authorization of previous office holder. |
Index Headings |
Education, Elementary and Secondary - Public charter schools, mayor authorized, revocation Cities - Public charter schools, mayor authorized, revocation |
Amendment | House Floor Amendment 33 |
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Sponsor | J. Raymond |
Summary | Forbid the giving of financial incentives to induce a student to enroll at a public charter school. |
Index Headings |
Education, Elementary and Secondary - Public charter school, enrollment financial incentives, forbid Education, Finance - Public charter school, enrollment financial incentives, forbid |
Amendment | Senate Floor Amendment 1 |
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Sponsor | A. Southworth |
Summary | Make title amendment. |
Index Headings | Title Amendments - HB 9/GA |
Amendment | Senate Floor Amendment 2 |
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Sponsor | A. Southworth |
Summary | As applied to the COVID-19 pandemic, amend KRS 199.896 to provide that the license or certification of a child-care center shall not be refused or revoked for refusing to require facial coverings; amend KRS 199.898 to provide that parents and guardians of children enrolled in licensed, certified, or publicly funded child care facilities have a right to refuse facial coverings on behalf of their children without any retribution; create a new section of KRS Chapter 158 to provide that a school may impose a mask mandate but permit parents to opt out; create a new section of KRS Chapter 164 to prohibit requiring facial coverings on property owned, leased, or operated by public postsecondary education institutions; provide exceptions for healthcare licensing board requirements imposed prior to January 1, 2020, and clinical research settings; EMERGENCY. |
Index Headings |
Diseases - Facial coverings, child-care facilities and public schools, prohibition of requirement Education, Elementary and Secondary - Facial coverings, prohibition of requirement Education, Higher - Facial coverings, prohibition of requirement, exceptions Effective Dates, Emergency - Facial coverings, prohibition of requirement, exceptions Health and Medical Services - Facial coverings, public postsecondary educational institution property, prohibition of requirement Piggybacked Bills - HB 51 to HB 9 Public Authorities - Facial coverings, child-care facilities and public schools, prohibition of requirement State Agencies - Facial coverings, child-care facilities and public schools, prohibition of requirement Universities and Colleges - Facial coverings, prohibition of requirement, exceptions Children and Minors - Facial coverings, child-care facilities and public schools, prohibition of requirement |
Amendment | Senate Floor Amendment 3 |
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Sponsor | A. Southworth |
Summary | Amend KRS 199.896 to provide that the license or certification of a child-care center shall not be refused or revoked for refusing to require facial coverings; create a new section of KRS Chapter 158 to provide that a school may impose a mask mandate but permit parents to opt out; create a new section of KRS Chapter 164 to prohibit requiring facial coverings on property owned, leased, or operated by public postsecondary education institutions; provide exceptions for healthcare licensing board requirements imposed prior to January 1, 2020, and clinical research settings; EMERGENCY. |
Index Headings |
Diseases - Facial coverings, child-care facilities and public schools, prohibition of requirement Education, Elementary and Secondary - Facial coverings, prohibition of requirement Education, Higher - Facial coverings, prohibition of requirement, exceptions Effective Dates, Emergency - Facial coverings, prohibition of requirement, exceptions Health and Medical Services - Facial coverings, public postsecondary educational institution property, prohibition of requirement Piggybacked Bills - HB 51 to HB 9 Public Authorities - Facial coverings, child-care facilities and public schools, prohibition of requirement State Agencies - Facial coverings, child-care facilities and public schools, prohibition of requirement Universities and Colleges - Facial coverings, prohibition of requirement, exceptions Children and Minors - Facial coverings, child-care facilities and public schools, prohibition of requirement |
Last updated: 2/8/2023 2:57 PM (EST)