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Bill Summary · SB 121

Overview

SB 121 (2026 Session, Kentucky) is an education-focused bill that makes wide-ranging amendments to governance, funding, staffing, student services, and technology in Kentucky's public education system. The bill emphasizes waivers from certain regulations, updates to funding formulas, class-size rules, school innovations, and expanded role for career and technical education. It also revises board structures and duties of educator standards and technology planning.

Primary purposes and intent

  • Increase flexibility for local districts to tailor regulations through waivers while setting criteria for approval and renewal.
  • Reorganize and clarify governance related to standards, funding, technology, and career/technical education.
  • Strengthen emphasis on outcomes-based regulation, innovation, equity, and technology integration.
  • Align funding with attendance, early graduates, at-risk students, and special education needs, while expanding technology and vocational education initiatives.

Key provisions and changes

  • Waivers under KRS 156.161 (Section 1)

    • Kentucky Board of Education may grant waivers from state administrative regulations or statutes upon local board request.
    • Waivers expire after the third full school year unless renewed; facility-related waivers have different expiration rules.
    • Restrictions: health & safety, civil rights, federal requirements, compulsory attendance, teacher certification thresholds (with a limit allowing up to 25% uncertified in a subject if degree-qualified), state assessments, audits, open records, purchasing, and minimum instructional time cannot be waived.
    • Requires applicant to specify statutes/regulations, affected schools, justification, and evidence.
    • Schools of Innovation can receive broad waivers to partner with education providers, subject to demonstrating improvement in operations or achievement; renewal extends for three years if positive.
    • Provisions for reconsideration, renewal evidence, 2/3 board rescission trigger, and standardized waiver form.

  • Education funding framework (Section 2)

    • BASE funding and the treatment of early graduates (KRS 157.360):
    • Base funding per prior-year average daily attendance (ADA).
    • For early graduates under KRS 158.142, districts receive half the state portion of the per-pupil base funding.
    • Add-ons for at-risk students, exceptional children, and transportation costs.
    • Early graduation scholarship contributions to the Kentucky Higher Education Assistance Authority (starting 2015-2016 as per text) and related funding mechanics.
    • Various ADA-based adjustments for fluctuating enrollment, and mechanisms for home/hospital instruction funding and caps.
    • Class size and staffing provisions (with exemptions processes) and explicit limits for regular and virtual classrooms.
    • Special education class-size enforcement and exemption processes with safeguards.

  • Kentucky Board of Education and governance (Sections 3-4)

    • Revises selection, terms, and duties of board members, including nonvoting teacher and student members.
    • Emphasizes representation, diversity, and equal gender representation where feasible; sets term lengths and appointment processes; director as executive secretary.

  • Standards, curriculum, and graduation (Section 5)

    • Board to promulgate standards on courses, assessments, and graduation requirements.
    • Requirements include: Holocaust/genocide education, cursive writing starting 2025-2026, and acceptance of certain programs (e.g., ROTC) for PE or foreign language credit.
    • Home/hospital instruction, homeless student credit, and diploma considerations for students with disabilities using alternative assessments.

  • Education technology and facilities funding (Sections 6-8)

    • Creation of a five-year Education Technology Master Plan to guide purchasing, training, and integration; classroom telephone installation; and potential private-sector partnerships.
    • Expanded roles for the School Facilities Construction Commission and Technology System in funding and project planning.
    • Definitions for unmet facilities and technology needs, and eligibility criteria for technology funding.

  • Career and Technical Education (Section 9)

    • Establishes the Office of Career and Technical Education within the Department of Education.
    • Clarifies responsibilities for state-operated vocational centers and private partnerships; delegates authority to manage Perkins funds and leadership activities; designates the Kentucky Board of Education as the eligible agency for federal plans.

  • Repeals (Section 10) and transitional provisions (Section 11)

    • Repeals certain outdated provisions (e.g., 156.660, 156.690).
    • Transitional rules for nonvoting members’ terms.

Who/what is affected

  • Local boards of education and school districts (via waivers, funding, and operations).
  • Kentucky Board of Education and Education Professional Standards Board (governance, standards, waivers, and professional development).
  • Students (ADA-based funding, early graduates, homeless students, special education, and graduation requirements).
  • Schools of Innovation and education service providers (new waiver pathways).
  • School technology and facilities (five-year tech plan, funding matching, and met/unmet technology needs).
  • Career and technical education system (Office of CTE, Perkins funding, and administration).

Timelines and procedures

  • Waiver approvals occur at the Board’s regular meetings, within 45 days of submission.
  • Renewal and expiration processes for waivers: standard three-year renewal cycles; facility waivers exempt from automatic expiration unless specified.
  • Graduation-related curriculum changes (cursive writing) begin in the 2025-2026 school year.
  • Nonvoting teacher and student members’ terms and transition to new selection process by 2027; existing members serve until June 30, 2027.
  • Five-year technology master plan implementation begins upon board/legislative commission approval and continues in stages.

Compiled from official sources — confirm details with the bill’s official record.

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