xt7wst7dvq4x https://exploreuk.uky.edu/dips/xt7wst7dvq4x/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1956-02 bulletins English Frankford, Ky. : Dept. of Education This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Foundational Program Law (As Amended in 1956)", vol. XXIV, no. 2, February 1956 text
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Foundational Program Law (As Amended in 1956)", vol. XXIV, no. 2, February 1956 1956 1956-02 2022 true xt7wst7dvq4x section xt7wst7dvq4x 0 Commonwealth of Kentucky 0
EDUCATIONAL BULLETIN
/77
//
FOUNDATION PROGRAM LAW
(As Amended In 1956)?” '
Published by
DEPARTMENT OF EDUCATION
ROBERT R. MARTIN
Superintendent of Public Instruction
Frankfort, Kentucky
N—
ISSUED MONTHLY
Entered as second- class matter March 21, 1933, at the post office at
Frankfort, Kentucky, under the Act of August 24,1912.
VOL. XXIV FEBRUARY, 1956 NO. 2
FOREWORD
This Educational Bulletin contains the Foundation Program
Law as amended by the 1956 Session of the General Assembly.
In studying this law you will find it is based on the expressed
desires of the people of our Commonwealth as they developed the
Foundation Program for our schools. The amended law places
greater emphasis on the provision of state funds for actual services
rendered in classroom instruction, current operations, building fa-
cilities and transportation. These services and facilities must be
provided the pupils of our schools in an acceptable manner by the
local school district.
The necessity for immediate and long-range planning for the
deliverance of better educational services to the boys and girls of
Kentucky becomes most evident as we prepare to implement this law.
ROBERT R. MARTIN
Superintendent Public Instruction
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FOUNDATION PROGRAM LAW AS AMENDED BY THE
REGULAR SESSION OF THE 1956 GENERAL ASSEMBLY.
157.310 Declaration of legislative intent in enacting founda-
tion program legislation. In KRS 157 .310 to 157.440 and subsection
(2) of KRS 157.990, it is the intention of the General Assembly to
assure substantially equal public school educational opportunities,
through a foundation program, for those in attendance in the public
schools of the Commonwealth, but not to limit nor to prevent any
school district from providing educational services and facilities
beyond those assured by the foundation program; and to provide, as
additional state funds are made available for the public schools, for
the use of such funds for the further equalization of educational
opportunities. KRS 157.310 to 157.440 and subsection (2) of KRS
157.990, shall be interpreted as a measure to provide for an efficient
system of public schools throughout the Commonwealth, as pre-
scribed by section 183 of the Constitution of Kentucky, and for the
manner of distribution of the public school fund among the districts
and its use for public school purposes, as prescribed by section 186
of the Constitution.
157.320 Definitions for KRS 157.310 to 157.440. As used in
KRS 157.310 to 157.440, unless the context otherwise requires:
(1) “Average daily attendance” means the aggregate days at-
tended by pupils in a public school, divided by the actual number of
days the school is in session for the year;
(2) “Average daily membership” means the aggregate days of
membership of pupils in a public school divided by the actual num-
ber of days the school is in session for the year;
(3) “Board” means the board of education of any county or
independent school district;
(4) “Classroom unit” means the unit for measuring educational
needs for foundation program purposes;
(5) “District” means any school district as defined by law;
(6) “Elementary School” means a school consisting of grades
one through eight, or any appropriate combination of grades within .
this range, as determined by the plan of organization for schools
authorized by the district board;
41
(7) “Foundation program” means the level of educational serv-
ices and facilities, as defined in KRS 157.310 to 157.440, which is to
be provided in each district from the required local tax effort and
the public school foundation program fund;
(8) “Isolated school” means an elementary or secondary school
which had fewer than one hundred pupils in average daily attend-
ance during the previous school year and which meets such standards
for isolation as shall be prescribed by the regulations of the State
Board of Education, based on factors to include distance by the
nearest passable road from another appropriate school center which
is able to receive the pupils, and the time for transportation neces-
sary to attend another school; provided, however, that the Super-
intendent of Public Instruction, under regulations of the State
Board of Education, may annually classify a school as “temporarily
isolatec ” for a period not to exceed five years if satisfactory facilities
for the pupils cannot be provided at another appropriate school
center;
(9) “Public school foundation program fund” means the fund
created by KRS 157.330 for use in financing education in public ele-
mentary and secondary schools;
(10) “Regulations of the State Board of Education” means
those regulations which the State Board of Education may adopt
upon the recommendation and with the advice of the Superintendent
of Public Instruction. The Superintendent of Public Instruction
shall recommend for adoption of the State Board of Education such
rules and regulations as he deems necessary for carrying out the
purposes of KRS 157.310 to 157.440;
(11) “Required local tax effort” means the amount of money
required to be provided by a district from local revenue sources
toward the cost of the foundation program in the district;
(12) “Secondary school” means a school consisting of grades
seven through twelve, or any appropriate combination of grades
within this range as determined by the plan of organization for
schools authorized by the district board. ' When grades seven through
nine or ten are organized separately as a junior high school, or
grades ten through twelve are organized separately as a senior high
school and are conducted in separate school plant facilities, each
shall be considered a separate secondary school for the purposes of
KRS 157.310 to 157.440;
42
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(13) “Single salary schedule” means a schedule adopted by a
local board and approved by the State Board of Education upon
recommendation of the Superintendent of Public Instruction, which
is based on training, experience and such other factors as the board
may authorize and which does not discriminate between salaries paid
elementary and secondary teachers;
(14) “Teacher” means any full-time regular or special teacher,
principal, supervisor, superintendent, assistant superintendent, li-
brarian, director of pupil personnel, or other full-time member of
the teaching or professional staff engaged in the service of the public
elementary and secondary school for whom certification is required
as a condition of employment;
(15) “Transportation unit” means the unit for measuring pupil
transportation needs for foundation program purposes.
157.330 Foundation program fund, what constitutes. (1)
There is hereby established the public school foundation program
fund consisting of appropriations for distribution to districts in ac-
cordance with the provisions of KRS 157.310 to 157.440.
(2) The resources of the public school foundation program
fund shall be paid into the State Treasury, and shall be drawn out or
appropriated only in aid of public schools as provided by statute.
157.350 Eligibility of districts for participation in Public School
Foundation Program Fund. Each district which meets the following
requirements shall be eligible to share in the distribution of funds
from the public school foundation program fund:
(1) Employs and compensates all teachers for not less than
nine scholastic months, provided, that the State Board of Education,
upon recommendation of the Superintendent of Public Instruction,
shall prescribe procedures whereby this requirement may be reduced
during any year for any district which employs teachers for less
than nine scholastic months, in which case the eligibility of a district
for participation in the public school foundation program shall be in
Proportion to the length of time teachers actually are employed;
(2) Operates all schools for a term as provided in KRS 158.070
and regulations of the State Board of Education, provided, however,
that if the school term is less than nine months for any reason ap-
Proved by the State Board of Education on the recommendation of
the Superintendent of Public Instruction the eligibility of a district
43
for participation in the public school foundation program fund shall
be in proportion to the length of term the schools actually operate;
(3) Compensates all teachers on the basis of a single salary
schedule and in conformity with the provisions of this Act;
(4:) Makes the required local tax effort except as otherwise
provided by subsection (3) of KRS 157.400;
(5) Includes no nonresident pupils in its average daily at-
tendance, except by written agreement with the district of the pupils’
legal residence.
157.360 Allotment of classroom units by Superintendent of
Public Instruction. (1) In determining the cost of the foundation
program for each district, the Superintendent of Public Instruction
shall allot to each district classroom units for elementary and sec-
ondary schools, classroom units for vocational education, classroom
units for special instructional services for exceptional children, class-
room units for superintendents, principals and their certificated as-
sistants and special instructional service personnel, classroom units
for supervisors of instruction, and classroom units for directors of
pupil personnel; provided, however, that the number of classroom
units allotted any district shall not exceed the number of teachers
employed by the district.
(2) In allotting classroom units for elementary and secondary
schools, one classroom unit shall be included for each twenty—seven
pupils in average daily attendance; provided, however, that one
classroom unit shall be included for each isolated one-teacher school
and one unit shall be included for each twenty—five pupils in average
daily attendance at all other isolated schools; provided, however,
that one twenty—seventh of a classroom unit shall be included for
each pupil in average daily attendance at Lincoln Institute if such
attendance is under provisions of a written contract between Lin-
coln Institute and the district of the pupils7 legal residence.
(3) Allotments of classroom units in accordance with subsec-
tion (1) of this section shall be made on the average daily attendance
for the previous school year; provided, however, that if the average
daily attendance in any district for the first two months of the
current school year is greater than the average daily attendance of
the district for the first two months of the previous school year, upon
application of the district board, made prior to December 1, the total
44
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E the
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number of classroom units allotted the district shall be increased by
the percent of increase; and provided further, that if the average
daily attendance of any district shall have been reduced more than
three percent during the previous school year due to such factors as
epidemics, inclement weather, or disaster, upon application of the
district superintendent, made before July 1 of that year, the num-
ber of classroom units allotted the district for the ensuing school
year shall be increased by the difference in percent between the ratio
of the average daily attendance to the average daily membership
for the scholastic year just ended, and the ratio of the average
daily attendance to the average daily membership for the two
highest of the three preceding scholastic years.
(4) In allotting classroom units for vocational education, one
classroom unit shall be allotted for each full-time teacher, and a pro-
portionate fraction of a classroom unit shall be allotted for each
less than full-time teacher of vocational classes that meet the regu-
lations of the State Plan of Vocational Education as approved by
the State Board of Education; a proportionate fraction of a class-
room unit shall be allotted for each teacher employed to teach eve-
ning, part-time, or short unit classes for less than a school day or a
school year that meet the regulations of the State Plan of Vocational
Education as approved by the State Board of Education.
(5) In allotting classroom units for special instructional serv-
ices for exceptional children, one classroom unit shall be included for
each teacher approved to teach such children in accordance with the ‘
provisions of law and regulations of the State Board of Education.
(6) In allotting classroom units for superintendents, principals,
their certificated assistants, and special instructional service per—
sonnel, the total number of classroom units allotted in subsections
(2) through (5) inclusive shall be divided by eight and the quotient
shall be the number of classroom units allotted to the district for
superintendents, principals, their certificated assistants and such
special instructional service personnel as are authorized by regula-
tions of the State Board of Education.
(7) In allotting classroom units for supervisors of instruction,
One-half of a classroom unit shall be allotted each district which is
allotted twenty-five through forty—nine classroom units; one unit
Shall be allotted each district which is allotted fifty to one hundred
Classroom units, one unit shall be allotted for each one hundred
45
tion thereof, in districts allotted more
classroom units, or major frac
than one hundred classroom units.
(8) In allotting classroom units for directors of pupil per-
sonnel, who shall have the qualifications and duties prescribed by
statute for attendance officers, one classroom unit shall be allotted
each district which is allotted thirty—six to one hundred and sixty-
siX classroom units and a unit for each additional two hundred and
sixty—six classroom units. For districts having less than thirty—six
classroom units, a proportionate fraction of a classroom unit shall be
allotted.
(9) In allotting classroom units under subsections (1) through
(8) the Superintendent of Public Instruction, under regulations of
the State Board of Education, may allot units on the basis of an
area larger than a district for educational services which cannot be
adequately and economically provided on a district basis.
157.370 Allotment of transportation units. (1) In determin-
ing the cost of the foundation program for each district, the Super—
intendent of Public Instruction shall allot to each district trans-
portation units.
(2) One transportation unit shall be allotted for each eighty
pupils in average daily attendance who are transported to school
at public expense and who live one or more miles from school by
the nearest traveled road; provided, that handicapped children may
be included who live less than this distance from school.
(3) One transportation unit shall be allotted for each fifty
square miles served by school transportation facilities of the district
if seventy—five percent or more of the total miles of bus routes of
the district is hard-surfaced, one transportation unit for each forty-
five square miles if between forty and seventy-four percent of the
total miles of bus routes of the district is hard—surfaced and one
transportation unit for each forty square miles if less than forty
percent of the total miles of bus routes of the district is hard—
surfaced.
157.380 Department of Revenue to determine aggregate as-
sessed value of property subject to school tax; procedure for deter-
mining required local tax effort. (1) On on before July 1 of each
year the Department of Revenue shall determine the aggregate as-
sessed value of. all property subject to assessment for school taX
46
w]
ch
In
in
ht
ce:
di:
th
te:
tic
tic
fifty
trict
:S of
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5 the
one
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e as-
[eter-
each
te as-
1 tax
purposes, and shall determine the percentage the equalized value of
property in each district is of the total equalized value of all prop-
erty in the Commonwealth subject to taxation for school purposes
and shall certify such information to the Superintendent of Public
Instruction for use in determining the required local tax effort for
each district. If such assessment has not become final by July 1 of
any year, the Department of Revenue shall, on the basis of other
information as may be available, make an estimate of the assess-
ment of all property subject to local school tax in each school district
and the estimate shall be used in lieu of the aggregate assessed
value. ~
(2) In determining the required local tax effort for districts
Which participate in the public school foundation program fund, in-
cluding the capital outlay allotment, the Superintendent of Public
Instruction shall divide the aggregate assessed value of all property
in the Commonwealth subject to taxation for school purposes by one
hundred and multiply the quotient thereof by one dollar and ten
cents. The product thereby obtained shall be multiplied by each
district’s percentage of the total equalized value of all property in
the Commonwealth subject to taxation for school purposes. In de-
termining the required local tax effort for districts which do not par-
ticipate in the capital outlay allotment of the public school founda-
tiOIl program fund, the multiplier shall be one dollar.
(3) Any district’s levy shall be at such rate as is necessary to
provide the required local tax effort.
(4) A portion of funds received by any district from the Fed-
eral Government in lieu of taxation of property shall be added to
the district’s required local tax effort. The portion of such federal
funds added to the district’s required local tax effort shall be the
percentage the required local tax effort is of the total levy for
school current expense purposes made in the district during that
year; provided, however, that any part of federal funds received by
the district that is charged against the district in determining its
allotment under public law 874 or similar laws shall not be added
to the district’s required local tax effort, and, provided further, that
this subsection shall not be applicable during the biennium 1956-1958.
(5) The Legislative Research Commission is hereby directed to
conduct a study of federal grants in lieu of taxation, and other
Payments received by school districts in lieu of taxation and the
relationship of these grants and/or payments to the required local
47
tax effort under the foundation program and report its findings to
the General Assembly on or before January 1, 1958.
157.390 Classification of teachers; procedure for determination
of amounts for teachers salaries, and other expenses. (1) The
Superintendent of Public Instruction, under regulations of the State
Board of Education, shall classify teachers in rank as follows:
RANK I. Those holding regular certificates and who have a
master’s degree and who have earned twenty—four semester hours of
approved graduate work after the master’s degree has been granted;
RANK II. Those holding regular certificates and who have a
master’s degree or its equivalent;
RANK III. Those holding regular certificates and who have
an approved four-year college degree or the equivalent;
RANK IV. Those holding regular certificates and who have
ninety-six to one hundred and twenty-eight semester hours of ap-
proved college training or the equivalent;
RANK V. Those holding regular certificates and who have
sixty-four to ninty-five semester hours of approved college training
or the equivalent; provided, however, that persons holding emer-
gency certificates shall not be classified higher than this rank;
RANK VI. Those holding certificates and who have thirty-two
to sixty-three semester hours of approved college training or the
equivalent;
RANK VII. Those holding certificates and who have fewer than
thirty-two semester hours of approved college training or the
equivalent.
In determining ranks, the Superintendent of Public Instruction,
under regulations of the State Board of Education, shall classify
teachers who hold certificates as of July 1, in the respective ranks
according to approved college semester hours of credit. The Super-
intendent of Public Instruction, in defining preparation for certain
types of vocational teachers as equivalent to college training, shall
give consideration to apprenticeship training and industrial ex-
perience.
(2) The amount to be included in the foundation program of a
district for teachers’ salaries shall be determined by multiplying the
48
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number of teachers in each rank, not to exceed the number of class-
room units allowed, by the amount set forth in the following allot-
ment schedule for each rank:
Rank I $3,500
Rank II 3,200
Rank III 2,900
Rank 1v 2,400
Rank v 2,100
Rank v1 1,800
Rank v11 1,500
Provided, the amount to be included for vocational units, supervisory
units, and units for administrators, directors of pupil personnel and
special instructional services shall be increased proportionately if
the personnel for such units are employed for longer than the regular
school term and such employment is approved by the Superintendent
.of Public Instruction under regulations of the State Board of Edu-
cation. VVhere the actual number of teachers employed by the dis-
trict varies from the number allowed under the provisions of KRS
157.310 to 157.440, the number to be included in each rank shall be
in the same ratio that the number of teachers actually in each rank
is to the total number of teachers employed.
(3) The amount to be included in the foundation program for
other current expenses shall be determined by multiplying the num-
ber of classroom units by six hundred dollars.
(4) The amount to be included in the foundation program for
capital outlay shall be determined by multiplying the number of
classroom units by four hundred dollars.
(5) The amount to be included in the foundation program for
transportation shall be determined by multiplying the number of
transportation units by sixteen hundred dollars.
(6) The total cost of the foundation program for each district
shall be the sum of the allotments in subsections (2), - (3), (4) and
(5) of this section.
157.400 Procedure for determining amount distributable to
each district from foundation program fund. (1) The amount of
money distributable to each district from the public school founda-
tion program fund shall be determined by subtracting the required
local tax effort, and any portion of federal funds required to be
49
included, as set forth in subsection (4) of KRS 157.380, from the
total foundation program allotment for the district as determined
in KRS 157.390.
(2) If it shall be determined in KRS 157.400 subsection (1)
that the amount of money distributable to a district from the public
school foundation program fund is less than $80 per pupil in average
daily attendance or the per capita apportionment for the district in
1955-56 then the apportionment to that district shall be increased
to $80 per pupil in average daily attendance or to the per capita
apportionment for the district in 1955—56, whichever is greater; pro—
vided, however, if a district fails to provide the total potential
classroom units under KRS 157.360 subsections (2), (6), (7) and (8)
and at least as many classroom units under KRS 157.360 subsections
(4) and (5) as were provided in 1955—56, any increase in the appor-
tionment called for in this subsection shall be reduced to the extent
that the district fails to provide the classroom units.
(3) If a district fails for any reason to make the required local
tax effort, as provided in KRS 157.380, the amount of the apportion-
ment of the public school foundation program fund to be paid to
such district under subsections (1) and (2) of this section shall be
reduced by the percentage of loss from the required local taX effort.
(4) So much of the public school foundation program fund
which would not be distributed under subsections (1), (2) and (3)
of this section, due to the failure of one or more participating dis-
tricts to meet the full requirements, shall be held in the account for
distribution the following year among districts which meet the re—
quirements for participation.
157.410 Procedure for payments of funds to districts. For each
school year the Department of Finance, on the certification of the
Superintendent of Public Instruction, shall draw warrants as speci—
fied hereinafter on the State Treasurer for the amount of the public
school foundation program fund due each district. Checks shall be
issued by the State Treasurer and transmitted to the Department of
Education for distribution to the proper officials of the several school
districts when the districts have fully complied with the school laws
and rules and regulations of the State Board of Education. The
Superintendent of Public Instruction shall determine 011 or before
July 15 of each year the tentative allotment of school funds to which
each district is entitled under the provisions of KRS 157.310 to
50
157.
11101:
dist
be (
tent
the
is e1
year
15 a
pub
PI‘0é
any
shal
to t
Edu
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be u
The
equi
for 1
no t
scho
publ
be k
capi1
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by t'
the l
1954
boar‘
lis—
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re-
ach
the
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aws
The
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lich
) to
157.440. Beginning August 1 of each year and on the first of each
month thereafter for seven successive months one-twelfth of each
district’s share of the public school foundation program fund shall
be distributed. On or before March 1 of each year the Superin-
tendent of Public Instruction shall determine the exact amount of
the public school foundation program fund to which each district
is entitled and the remainder of the amount due each district for the
year shall be distributed in four equal installments beginning March
15 and for three successive months thereafter.
157.420 Restrictions governing expenditure of funds from the
public school foundation program fund. Public school foundation
program funds made available to the credit of each district during
any year, together with the funds required from local tax effort,
shall be received, held and expended by the district. board, subject
to the provisions of law and regulations of the State Board of
Education. The following restrictions shall govern the expenditure
of funds from the public school foundation program fund:
(1) The teachers’ salaries allotment for each district from the
public school foundation program fund and from local sources shall
be used only for teachers holding properly authorized certificates.
The average salary paid any rank of teachers shall be at least
equivalent to the public school foundation program fund allotment
for that rank as established in subsection (2) of KRS 157.390, and
no teacher shall be paid less than ninety-percent of the public
school foundation program fund allotment for that rank.
(2) The capital outlay allotment for each district from the
public school foundation program fund and from local sources shall
be kept in a separate fund and may be used by the district only for
capital outlay projects approved by the Superintendent of Public
Instruction in accordance with requirements of law, and based on
a survey made in accordance with rules and regulations prescribed
by the State Board of Education. These funds shall be used for
the following purposes:
(a) For direct payment of construction costs;
(1)) For debt service on bonds issued subsequent to July 1,
1954;
(C) For payment on lease-rental agreements under which the
board eventually will acquire ownership of a school plant;
51
(d) For debt service on bonds issued prior to July 1, 1954, if
it has been determined by the survey that this district has met all
of its major capital outlay needs;
(e) For the retirement of any deficit in existence on June 30,
1956 if such deficit resulted from an emergency declared by the
State Board of Education under KRS 160.550.
(f) As a reserve fund for the above named purposes, to be
carried forward in ensuing budgets, if not needed for the current
year; provided, however, if any district has a special levy for capital
outlay or debt service that is equal to the capital outlay allotment
or a proportionate fraction thereof, and spends the proceeds of that
levy for the above named purposes, the Superintendent of Public
Instruction, under regulations of the State Board of Education, may
authorize the district to use all or a proportionate fraction of its
capital outlay allotment for current expenses.
157.430 Procedure for percentage reduction of amounts dis-
tributable to districts in case of insufi‘icient appropriations by Gen-
eral Assembly. (1) If, when the apportionments are being deter—
mined under the provisions of KRS 157.310 to 157.440, funds appro-
priated by the General Assembly to the public school foundation
program fund plus the funds required from local tax effort are in-
sufficient to provide the amount of money required under subsection
(1) of KRS 157.400, the Superintendent of Public Instruction shall
make a percentage reduction in the amount included for the founda-
tion program in each district to the extent necessary to reduce the
cost of the foundation program to funds available, provided that no
district shall receive less than the amount that it received in its per
capita apportionment in 1955—56, provided further that it meets the
requirements set forth in KRS 157.350 and subsections (2) and (3)
of KRS 157.400. The revenue available after the provisions of KRS
157.400 subsection (1) have been met shall be apportioned to meet,
in so far as possible, the provisions of KRS 157.400 subsection (2).
157.440 Authority of districts to exceed levies, authorized by
KRS 157.380 or 160.475. In addition to the local tax effort required
by KRS 157.380, for participation in the public school foundation
program fund, such districts or any other district may exceed this
levy or the maximum levy provided by KRS 160.475 provided that,
upon request of the board, the tax levying authority of the district
shall adopt an ordinance or resolution submitting to the qualified
52
m I—hI—‘f'Nr—O-n'a YDA
54, if
at all
Le 30,
V the
to be
rrent
1pital
;n1ent
f that
’ublic
, may
of its
s dis-
Gen-
leter—
,ppI'O-
lation
re in-
action
shall
unda-
:e the
Lat no
ts per
ts the
d (3)
‘ KRS
meet,
(2).
ed by
{uired
lation
(1 this
. that,
istrict
Llified
voters of the district, in the manner of submitting and voting as pre-
scribed in subsection (1) of KRS 160.477, the question as to whether
a rate of more than one dollar and fifty cents or the required local
tax effort, whichever rate is higher, shall be levied. If a majority
of those voting on the question favor the increased rate, the tax
levying authority shall, when the next tax rate for the district is
fixed, levy the rate requested by the board not to exceed the rate
authorized by the voters.
157.990 Penalties. (1) Any person who willfully violates
any of the provisions of KRS 157.100 to 157.180 shall be fined not
less than one hundred dollars nor more than five hundred dollars.
(2) Any person who willfully violates any of the provisions of
KRS 157.310 to 157.440 shall be fined not less than one hundred
dollars nor more than five hundred dollars.
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