State and Federal Legislative Regulatory Hot Topic

State and Federal Legislative & Regulatory Hot Topic Review Kevin C. Brown General Counsel and Interim Commissioner Kentucky Department of Education Amy Peabody Assistant General Counsel Kentucky Department of Education 1

Topics today • Overall state statutory and regulatory framework for K 12 education • Overall federal statutory framework for K-12 education • Overall federal regulatory framework for K-12 education • 2015 Kentucky General Assembly legislative actions on education • 2014 -2015 Kentucky Board of Education administrative regulation changes and additions • Post-secondary changes at the state and federal level • Current and future K-12 action at the federal level 2

Overall state statutory framework for K-12 education • KRS Chapters 156 -162 - Chapter 156: Department of Education - Chapter 157: State Support of Education - Chapter 158: Conduct of Schools – Special Programs - Chapter 159: Compulsory Attendance - Chapter 160: School Districts - Chapter 161: School Employees – Teachers’ Retirement and Tenure - Chapter 162: School Property and Buildings A searchable pdf of these chapters with headnotes is available on the KDE website at http: //education. ky. gov/districts/legal/Pages/Kentucky-School-Laws. aspx (published last in November 2014). A paper copy is available for purchase at 3 http: //education. ky. gov/comm/Pages/KDE-Bookstore. aspx.

Overall state regulatory framework for K-12 education • - KAR Titles 701 -707, 780 Title 701: Chief State School Officer Title 702: General Administration of a School District Title 703: Learning Intervention, Assessment, and Accountability Title 704: Instruction Title 705: Career and Technical Education Title 707: Special Education Title 780: Career and Technical Education 4

Overall federal statutory framework for K-12 education • • ESEA/NCLB: 20 U. S. C. 6301 et seq. FERPA: 20 U. S. C 1232 g PPRA: 20 U. S. C. 1232 h Civil Rights: Civil Rights Act of 1964 (amended in 1991) 42 USC 1981 - 2000 h-6, Americans with Disabilities Act 42 U. S. C. 12101 et seq. , Section 504 of the Rehabilitation Act • IDEA: 20 U. S. C. 1400 et seq. • Carl Perkins: 20 U. S. C. 2301 et seq. 5

Overall federal statutory framework for K-12 education • ESEA/NCLB: http: //www. ed. gov/esea • FERPA and PPRA: http: //www 2. ed. gov/policy/gen/guid/fpco/index. html • Civil Rights: Civil Rights Act, ADA, Section 504 http: //www 2. ed. gov/about/offices/list/ocr/know. html? src=ft • IDEA: http: //idea. ed. gov/explore/home • CTE: http: //www 2. ed. gov/about/offices/list/ovae/pi/cte/inde x. html 6

Overall federal regulatory framework for K-12 education • All U. S. Department of Education regulations: http: //www. ecfr. gov/cgi-bin/textidx? SID=6 c 5 d 2023 b 6 e 25 c 238 f 287 dd 1 a 4 ac 0 f 56&mc=true&tpl=/ecfrbrowse/Title 34/34 subtitle B. tpl • NCLB: http: //www 2. ed. gov/policy/elsec/reg/edpicks. jhtml? src=ln • FERPA: 34 C. F. R. Part 99 http: //www. ecfr. gov/cgi-bin/textidx? rgn=div 5&node=34: 1. 1. 33 PPRA: 34 C. F. R. Part 98 http: //www. ecfr. gov/cgibin/retrieve. ECFR? gp=&SID=6 c 5 d 2023 b 6 e 25 c 238 f 287 dd 1 a 4 ac 0 f 56&mc=true&r=PART&n= pt 34. 1. 98 Civil Rights: 34 C. F. R. 100 -199 http: //www. ecfr. gov/cgi-bin/textidx? SID=6 c 5 d 2023 b 6 e 25 c 238 f 287 dd 1 a 4 ac 0 f 56&mc=true&tpl=/ecfrbrowse/Title 34/34 chapter I. tpl, ADA: 28 C. F. R. Part 35 USED 504 regulations: 34 C. F. R. Part 104 http: //www. ecfr. gov/cgi-bin/text- idx? SID=6 c 5 d 2023 b 6 e 25 c 238 f 287 dd 1 a 4 ac 0 f 56&mc=true&node=pt 34. 1. 104&rgn=div 5 • IDEA: 34 C. F. R. Parts 300 and 301 http: //www. ecfr. gov/cgi-bin/textidx? SID=6 c 5 d 2023 b 6 e 25 c 238 f 287 dd 1 a 4 ac 0 f 56&mc=true&node=pt 34. 2. 300&rgn=div 5 and http: //www. ecfr. gov/cgibin/retrieve. ECFR? gp=&SID=6 c 5 d 2023 b 6 e 25 c 238 f 287 dd 1 a 4 ac 0 f 56&mc=true&r=PART&n=7 pt 34. 2. 303

2015 Kentucky General Assembly legislative actions on education • In addition to those bills in the written materials: House Bill 510: Restores $1, 365, 000 in Master Settlement Agreement (tobacco) funds to the Council for Postsecondary Education (CPE) in fiscal year 201516 for the Lung Cancer Research Fund of which an additional $50, 000 in each fiscal year shall be allotted from the Lung Cancer Research Fund to the Ovarian Cancer Screening Outreach Program at the University of Kentucky. (Per CPE information at https: //v 3. boardbook. org/Public. Item. Download. as px? ik=36802397. ) 8

2014 -2015 Kentucky Board of Education administrative regulation changes and additions • 703 KAR 5: 200. Next-Generation Learners (Effective June 8, 2015) - 703 KAR 5: 225. School and district accountability, recognition, support, and consequences (Effective June 8, 2015) - 703 KAR 5: 240. Accountability administrative procedures and guidelines (Effective June 8, 2015) • 702 KAR 3: 320. Finance officer certification requirements (Effective June 5, 2015) • 705 KAR 4: 250. Energy technology engineering career pathway (Effective June 5, 2015) • 703 KAR 5: 260. Intervention options in priority schools and districts (and 703 KAR 5: 122. Repeal of 703 KAR 5: 120 and 703 KAR 5: 180) (Effective February 6, 2015) 9

2014 -2015 Kentucky Board of Education administrative regulation changes and additions • 702 KAR 1: 160. School health services (Effective January 5, 2015) • 702 KAR 7: 140. School calendars (Effective January 5, 2015) • 704 KAR 3: 370. Professional Growth and Effectiveness System (PGES) (Effective August 11, 2014) (and 704 KAR 3: 346. Repeal of 704 KAR 3: 345. Evaluation Guidelines) (Effective August 11, 2014) • 702 KAR 7: 065. Designation of agent to manage middle and high school interscholastic athletics (Effective August 1, 2014) 10

Postsecondary changes in the last year (state regulations) 13 KAR 2: 045. Determination of residency status for admission and tuition assessment purposes. http: //www. lrc. ky. gov/kar/013/002/045. htm • In August 2014, President Obama signed into law the Veterans Access, Choice and Accountability Act of 2014. Section 702 of the Act requires public institutions to charge instate tuition to veterans serving at least 90 days who enroll within three (3) years of discharge from active duty, as well as certain individuals who receive federal education benefits through those veterans. If institutions are not able to comply with this requirement by July 1, 2015, the Veteran’s Administration (VA) will disapprove them for all Montgomery and Post-9/11 GI Bill educational assistance. As was currently constituted, 13 KAR 2: 045 would have required covered individuals who do not otherwise meet the requirements for residency to be charged the out-of-state tuition rate. Therefore, the Council for Postsecondary Education (CPE) amended 13 KAR 2: 045 accordingly to ensure that students at Kentucky’s public institutions can continue to receive Montgomery and Post-9/11 GI Bill educational assistance. (Per CPE information at 11 https: //v 3. boardbook. org/Public. Item. Download. aspx? ik=36535858. )

Postsecondary changes in the last year (federal level) • Information at the U. S. Department of Education’s Office of Postsecondary Education http: //www 2. ed. gov/about/offices/list/ope/news. html and their Twitter feed at https: //twitter. com/edpostsecondary - Second Chance Pell Fact Sheet: MS Word (38 K) | PDF (89 K) The Higher Education Act provides that students who are incarcerated in a Federal or State penal institution are not eligible to participate in the Federal Pell Grant program. On August 3, 2015, the Department of Education released a Federal Register notice inviting institutions of higher education (IHEs) to apply to participate in a new institutionally-based initiative. This initiative will allow participating IHEs, in partnership with one or more Federal or State penal institutions, to provide Federal Pell Grant funding to otherwise eligible students who are incarcerated and who are eligible for release back into the community. - Uniform Guidance Information for ED Grantees -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: The Department has worked closely with the Office of Management and Budget (OMB) to streamline some federal circulars into a single guidance document, and make conforming changes to Department regulations. The old rules do not change – they are simply repackaged and enhanced to reduce burden on grantees. The new combined document is known as the “Uniform Guidance” and is codified at 2 CFR 200. The new guidance will take effect for recipients of Federal funds for awards made on or after December 26, 2014. The new regulations do not impact any Department of Education awards received prior to this date. For program-specific questions about 12 this new guidance, contact your program officer.

Postsecondary changes in the last year (federal level) - - OPE Grants Broaden Access to International and Foreign Language Education: In fiscal year 2014, the Department’s International and Foreign Language Education (IFLE) office awarded $71. 1 million to colleges, universities, and other entities to strengthen the capacity and performance of U. S. education in world languages, international and area studies, teacher preparation, and international business education. This year, for the first time, IFLE awarded extra points to applicants who propose to broaden access to these opportunities by traditionally underserved students and institutions. Depending on the program, incentives were provided for collaboration with Minority Serving Institutions, community colleges, and teacher education programs, and for taking financial need into account when awarding fellowships for the study of foreign languages and international studies. The Department has begun to analyze the outcomes of these priorities, and the results are encouraging. The System for Award Management (SAM) is the official U. S. Government system that consolidated the capabilities of CCR/Fed. Reg, ORCA, and EPLS. If you had an active record in CCR, you have an active record in SAM. You do not need to do anything in SAM at this time, unless a change in your business circumstances requires updates to your Entity record(s) in order for you to be paid or to receive an award or you need to renew your Entity(s) prior to its expiration. OPE grantees, potential grantees, and business entities are encouraged to note this change in the ED award system. Visit Grants. gov for more information regarding SAM and the grant process. 13

Federal postsecondary regulatory changes • http: //www 2. ed. gov/about/offices/list/ope/policy. html for postsecondary federal regulatory changes generally. • On August 20, 2015 the Department published a notice in the Federal Register announcing an intention to establish a negotiated rulemaking committee to prepare proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). • Notice of Proposed Rulemaking dated July 9, 2015: Request for Comments due August 10, 2015. • The Secretary proposes to amend the regulations governing the William D. Ford Federal Direct Loan (Direct Loan) Program to create a new income-contingent repayment plan in accordance with the President's initiative to allow more Direct Loan borrowers to cap their 14 loan payments at 10 percent of their monthly incomes.

Federal postsecondary regulatory changes • On December 19, 2014, the Department published a notice in the Federal Register announcing its intention to establish a negotiated rulemaking committee to: (1) prepare proposed regulations to establish a new Pay as You Earn repayment plan for those not covered by the existing Pay as You Earn Repayment Plan in the Federal Direct Loan Program; and (2) establish procedures for Federal Family Education Loan (FFEL) Program loan holders to use to identify U. S. military servicemembers who may be eligible for a lower interest rate on their FFEL Program loans under section 527 of the Servicemembers Civil Relief Act (SCRA). • On September 3, 2014, the Department published a notice in the Federal Register to announce its intention to establish a negotiated rulemaking committee to prepare proposed regulations for the Federal William D. Ford Direct Loan Program authorized by the Higher 15 Education Act of 1965, as amended (HEA).

Current and future action (K-12) at the federal level • ESEA/NCLB reauthorization • The House passed the Student Success Act on July 8, 2015. More information about this bill can be found at http: //edworkforce. house. gov/studentsuccessact/. • The Senate passed the Every Child Achieves Act on July 16, 2015. Information on this bill can be found at https: //www. congress. gov/bill/114 th-congress/senate-bill/1177. • The two federal legislative chambers will form a conference committee to reconcile the differences between the two bills and develop a bicameral agreement. This has not yet been calendared for conference: https: //www. congress. gov/resources/display/content/Calendars+and+ Schedules (click on “Bills in Conference”). 16

Questions? Kevin C. Brown General Counsel and Interim Commissioner Kentucky Department of Education Amy Peabody Assistant General Counsel Kentucky Department of Education Amy. Peabody@education. ky. gov Kevin. Brown@education. ky. gov 17