EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Board of Education

Department of Education

(Repealer)

 

      704 KAR 7:051. Repeal of 704 KAR 7:050.

 

      RELATES TO: KRS 158.148, 158.150

      STATUTORY AUTHORITY: KRS 156.070, 158.148

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to promulgate administrative regulations necessary for the efficient management, control, and operation of the schools and programs under its jurisdiction; and KRS 158.148 requires the Kentucky Department of Education to develop guidelines containing broad principles to guide local school districts in developing their own student discipline codes. This administrative regulation repeals 704 KAR 7:050, Student discipline guidelines, because the statute no longer requires the review of district codes of conduct, thereby leaving only the incorporation by reference of the document "Student Discipline Guidelines, April 2003" which is an optional resource for districts per KRS 158.148.

 

      Section 1. 704 KAR 7:050, Student discipline guidelines, is hereby repealed.

 

      This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Board of Education, as required by KRS 156.070(5).

 

STEPHEN L. PRUITT, Ph.D., Commissioner

WILLIAM L. TWYMAN, Chairperson

      APPROVED BY AGENCY: June 14, 2017

      FILED WITH LRC: June 15, 2017 at 9 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on July 31, 2017, at 10:00 a.m. in the State Board Room, Fifth Floor, 300 Sower Boulevard, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through July 31, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Kevin C. Brown, Associate Commissioner and General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email kevin.brown@education.ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Kevin C. Brown

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: Repeals administrative regulation 704 KAR 7:050, which incorporated by reference "Student Discipline Guidelines, April 2003." KRS 158.148(2)(a) requires that the student discipline guidelines be reviewed and potentially updated as needed at least every two years. Housing this optional resource document in regulation is inefficient to the review process required.

      (b) The necessity of this administrative regulation: This regulation will repeal 704 KAR 7:050 and the incorporation by reference of "Student Discipline Guidelines, April 2003," which is no longer a document that is required to be followed by local school districts.

      (c) How this administrative regulation conforms to the content of the authorizing statute: The regulation conforms to the authority given to the Kentucky Board of Education in KRS 156.060 and KRS 156.070.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation removes inclusion of "Student Discipline Guidelines, April 2003" as a document incorporated by reference since the statute only requires optional discipline guidelines from KDE.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: N/A

      (b) The necessity of the amendment to this administrative regulation: N/A

      (c) How the amendment conforms to the content of the authorizing statute:. N/A

      (d) How the amendment will assist in the effective administration of the statutes: N/A

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Those affected by this repeal are: all local school districts, as they are the intended audience of the student discipline guidelines, although their processes will not be impacted; the named associations and organizations in KRS 158.148 as they should be collaborated with in the development of the student discipline guidelines; the KDE as it is tasked with the development, revision, and distribution of the student discipline guidelines.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: None

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No costs

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Repeal of this regulation removes confusion over a topic that is now discretionary (state discipline guidelines)

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No cost

      (b) On a continuing basis: No cost

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: N/A

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: N/A

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: N/A

      (9) TIERING: Is tiering applied? Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all schools and districts. N/A

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? There will be no change to local district operations or fiscal impact as the student discipline guidelines are optional for districts.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 156.060 and KRS 156.070.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. No effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No revenue.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No revenue.

      (c) How much will it cost to administer this program for the first year? The program is being repealed and there will be no cost associated with the repeal.

      (d) How much will it cost to administer this program for subsequent years? The program is being repealed and there will be no cost associated with the repeal.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): N/A

      Expenditures (+/-):N/A

      Other Explanation: N/A