House Bill 9

Actions | Amendments
Last Action 04/14/22: delivered to Secretary of State (Acts Ch. 213)
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

Actions

Top | Amendments
03/01/22
  • introduced in House
  • to Committee on Committees (H)
03/02/22
  • taken from Committee on Committees (H)
  • 1st reading
  • returned to Committee on Committees (H)
03/04/22
  • floor amendments (1), (2), (3), (4), (5), (6) and (7) filed
  • to Appropriations & Revenue (H)
03/08/22
  • floor amendments (8), (9) and (10) filed
03/14/22
  • taken from Appropriations & Revenue (H)
  • 2nd reading
  • returned to Appropriations & Revenue (H)
03/15/22
  • floor amendment (11) filed
03/16/22
  • floor amendment (12) filed
03/17/22
  • floor amendment (13) filed
03/21/22
  • reassigned to Education (H)
  • floor amendments (14), (15), (16), (17) and (18) filed
03/22/22
  • reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
  • taken from Rules
  • placed in the Orders of the Day
  • floor amendments (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33),filed to the Committee Substitute
  • 3rd reading, passed 51-46 with Committee Substitute (1) and committee amendment (1-title)
03/23/22
  • received in Senate
  • to Committee on Committees (S)
  • taken from Committee on Committees (S)
  • 1st reading
  • returned to Committee on Committees (S)
  • to Education (S)
03/24/22
  • taken from Education (S)
  • 2nd reading
  • returned to Education (S)
03/29/22
  • reported favorably, to Rules
  • floor amendment (2) filed to Committee Substitute, floor amendment (3) and (1-title) filed
  • posted for passage in the Regular Orders of the Day for Tuesday, March 29, 2022
  • 3rd reading, passed 22-14
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/07/22
  • Vetoed
04/13/22
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 52-46
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 22-15
  • received in House
04/14/22
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Secretary of State (Acts Ch. 213)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
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
Sponsor C. McCoy
Summary Make title amendment.
Index Headings Title Amendments - HB 9

Amendment House Floor Amendment 1
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Sponsor A. Southworth
Summary Make title amendment.
Index Headings Title Amendments - HB 9/GA

Amendment Senate Floor Amendment 2
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
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: 5/25/2022 2:58 PM (EDT)
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