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Kentucky Laws and Regulations

Published: 8/14/2025 3:10 PM

Links to a searchable database of state laws on the Legislative Research Commission website.

Links to a searchable database of state regulations on the Legislative Research Commission website.

Waiver Requests for Statutes & Administrative Regulations

Effective August 13, 2025, the Kentucky Board of Education (KBE) promulgated administrative regulations whereby school districts may request to waive both its administrative regulations and statutes as permitted by KRS 156.161. However, the KBE may not waive statutes or administrative regulations:

(a) Relating to health and safety, including required criminal background checks for staff and volunteers specified in KRS 160.380 and 161.148;

(b) Relating to civil rights;

(d) Relating to compulsory attendance requirements under KRS 158.030 and 158.100 or the recording of data necessary for participation in the fund to support education excellence in Kentucky;

(e) Establishing certification requirements for teachers in core academic areas, except a waiver may authorize up to twenty-five percent (25%) of the teaching staff of a school may be employed without teacher certification if the individual possesses a baccalaureate or graduate degree in the subject the individual is hired to teach;

(f) Requiring students' participation in state assessment of student performance, as required under KRS 158.6453;

(g) Financial audits, audit procedures, and audit requirements under KRS 156.265;

(h) Open records and open meeting requirements under KRS Chapter 61;

(i) Purchasing requirements and limitations under KRS Chapter 45A and KRS 156.074 and 156.480; or

(j) Requiring instructional time that is at least equivalent to the student instructional year specified in KRS 158.070.

701 KAR 5:170 provides standardized forms to collect all information and documents necessary to request a waiver from the KBE. Forms are designed to guide districts through the process, including documents and explanations districts must provide. The regulations set forth both technical and substantive review processes for waiver requests so that informed recommendations may be made to the KBE on whether a waiver should be approved or denied. Finally, the regulations provide processes for renewing and amending a previously approved waiver, KDE tracking of waivers granted, and the process for termination of a previously approved waiver.

Districts must use the required forms when requesting waivers from the KBE.

(a) “Application Cover Sheet", June 2025;

(b) “Specific Waiver Request Form", June 2025;

(d) “Amendment Request Form", June 2025; and

(e) “Special Education Maximum Class Size Request Form", June 2025

KY Board of Education Regulations that Include Material Incorporated by Reference

Links to Material Incorporated by Reference - WORK IN PROGRESS

Please contact Tina Drury if you need hard copies

701 KAR 5:090. Teacher Disciplinary Hearings June 2019

701 KAR 5:100. Guidelines for alternative models for school based decision making Feb 2021

701 KAR 5:110. Use of local monies to reduce unmet technology need Aug 2023

701 KAR 5:140. Districts of Innovation Aug 2018