All Roll Calls
Yes: 244 • No: 51
Sponsored By: Stephen West (Republican)
Became Law
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9 provisions identified: 3 benefits, 0 costs, 6 mixed.
Districts can ask the Kentucky Department of Education for help and provide a list of planned innovative practices. The department must promptly identify state education laws and rules that need waivers. State education officials cannot penalize a district for an action described in that request when department guidance said it was allowed. Protection also applies when the analysis omitted a requirement and the exact request was later approved as a waiver.
Districts can make up time lost when emergencies shorten school days by lengthening other days in the school calendar. They can use this option without losing funds under Kentucky's education funding program.
Covington Independent School District must establish a school of innovation for 2026–2027. It must submit its requested waivers by August 1, 2026. Qualifying waivers must be approved within 30 days after submission. Pilot funding goes to Educate NKY Inc. under an agreement with the district supporting the schools' establishment and operation. That money can only operate Covington's schools of innovation; the law specifies no dollar amount.
School councils, as well as superintendents, can request exemptions from special education class-size limits through the existing process. The request does not automatically allow a larger class. Approval is barred when a larger class would hinder a student's individualized education plan in the least restrictive setting.
The law requires a list of school waivers eligible for faster review, including agreements with education service providers. These providers can help manage or operate schools and programs. The education commissioner must decide requests within 10 business days. Approval is required unless the waiver would substantially hinder operations or impede student achievement; protected requirements still cannot be waived. Waivers expire June 30 of the third full school year unless renewed; the state board can extend them or make them permanent. The commissioner must cancel waivers found to substantially hinder operations, endanger students, impede achievement, or support financial wrongdoing or crime. Districts can appeal denials to the state board, with filing and review within 30 days. By July 1 each year, the board must review both waiver processes for possible rule changes and may recommend law changes or best practices.
A waiver lets up to 25% of a school's teaching staff work without standard teacher certification. Each teacher must hold a bachelor's or graduate degree in the subject taught, or a recognized credential in the technical field. The exception is not limited to core academic subjects. Other teacher-certification requirements remain protected from waivers.
Local school boards can request waivers of state education laws and rules, after approving requests by majority vote. The Kentucky Board of Education must consult the Education Professional Standards Board before waiving requirements that board oversees. The state board must review each requested waiver within 30 calendar days and approve or deny it. Approval is required when improvement is more likely than not: better operations without hurting achievement, or better academic achievement. Schools or programs can gain innovation status using new or existing waivers when needed to pursue better student outcomes. Ordinary waivers expire June 30 of the third full school year after approval unless renewed; incorporated waivers expire after identification. Construction, renovation, and property-project waivers have no expiration unless the state board sets one when granting or renewing them. Waivers cannot remove health and safety protections, required background checks, civil rights, federal requirements, attendance and reporting duties, or state assessments. Audits, public records and meetings, state purchasing rules, and required teaching time also remain protected.
The school innovation pilot runs from August 1, 2026, through June 30, 2028, starting with Covington in 2026–2027. The education department selects two additional schools for 2027–2028, subject to available funds. Applicants need prior or concurrent innovation approval and cannot operate a virtual program. Their plans must offer significant improvements that are difficult or impractical under current laws or rules. Applicants must dedicate district, philanthropic, or other funds to operate through the pilot's end. The department matches those funds on a regular schedule while schools operate as approved. Matching and pilot funds must support the innovation school unless a waiver allows another use. The new state treasury fund accepts state appropriations, gifts, grants, and federal money; unused balances carry forward. Districts may apply jointly, identifying each district's waivers, responsibilities, and matching commitments. Annual reports cover innovations, waivers, partners, spending, academic programs, enrollment, performance, and obstacles; the department compiles them for legislative review. The department can end long-term pilot participation and stop funding after a two-thirds determination of student danger, impaired achievement, financial wrongdoing, or crime.
The law changes how Kentucky calculates the state's share of district education funding. It uses the program's base funding amount and subtracts the required local contribution. For real estate, it uses the lesser of the current assessment or last year's assessment increased by 4%, plus new property. This calculation depends on available funds. The change concerns school funding, not a direct household payment or a stated cap on household tax bills.
Stephen West
Republican • Senate
Lindsey Tichenor
Republican • Senate
All Roll Calls
Yes: 244 • No: 51
Senate vote • 4/14/2026
passed
Yes: 32 • No: 6
House vote • 4/14/2026
passed
Yes: 75 • No: 15
House vote • 4/1/2026
3rd reading, passed
Yes: 75 • No: 18
Senate vote • 4/1/2026
passed
Yes: 32 • No: 6
Senate vote • 3/17/2026
3rd reading, passed
Yes: 30 • No: 6
delivered to Secretary of State (Acts Ch. 180)
enrolled, signed by Speaker of the House
enrolled, signed by President of the Senate
received in Senate
passed 75-15
veto overridden
posted for consideration of Governor's veto
taken from Rules (H)
to Rules (H)
received in House
passed 32-6
veto overridden
posted for passage for consideration of Governor's veto
to Rules (S)
received in Senate
Vetoed
delivered to Governor
enrolled, signed by Speaker of the House
enrolled, signed by President of the Senate
passed 32-6
Senate concurred in Committee Substitute (1)
posted for passage for concurrence in House Committee Substitute (1)
to Rules (S)
received in Senate
3rd reading, passed 75-18 with Committee Substitute (1)
Current
4/14/2026
Introduced
2/26/2026
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