FRANKFORT, Ky. — Lawmakers may consider legislation to strip power away from school-based decision-making councils when it comes to curriculum decisions.

What You Need To Know

  • Lawmakers are considering legislation to change the role school-based decision-making councils play in crafting curriculum

  • SBDM councils were created in 1990 as part of the Kentucky Education Reform Act

  • Kentucky is the only state that has such a council making curriculum and personnel decisions for schools

  • Lawmakers are also considering legislation dealing with college student-athlete endorsement deals

“The school system is responsible to the entire community and the values of that school system should be reflected by the community,” Sen. John Schickel said.

SBDM councils are made up of teachers, parents and a school administrator; positions that aren’t voted on by the public at large. They were created as part of the Kentucky Education Reform Act of 1990.

Schickel has proposed stripping power away from SBDM councils in the past, but he said the discussion over critical race theory and other issues has put this topic back into the spotlight.

“I think the legislation this year holds even extra urgency because the eyes of so many parents and so many citizens right now are on our school system with questions around curriculum and other things,” he said.

Rep. Ed Massey (R-Hebron) used to be a member of the Boone County school board before he was a state lawmaker. He said he supports moving power away from SBDM councils to school boards.

“I will say that school board members are the truly elected officials in the community. They’re on the ballot. And they’re responsible to their community for what their school does, whether it succeeds or fails,” he said.

Sen. Reggie Thomas (D-Lexington) said he thinks there is a way to give parents a voice while keeping SBDM councils.

“My position has always been and remains to be that what we should be doing, regards to school councils, is equalize the number between parents and teachers. We ought to be giving parents a larger voice in school councils and not a smaller voice."

SBDM councils typically have three teachers, two parents and a school administrator, although multiple lawmakers said they saw SBDM councils in their districts struggle to get parents involved.

Schickel hasn’t officially pre-filed his bill yet, but he said he expects it to be considered during the upcoming legislative session, which starts in January.

Name, Image, and Likeness legislation

The Interim Education Committee also discussed potential legislation regulating the endorsement deals student-athletes can now get in college.

Until this summer, the NCAA mostly prohibited student-athletes from earning endorsement deals.

A U.S. Supreme Court ruling in June effectively allowed those endorsements and Gov. Andy Beshear eventually signed an executive order making them legal in Kentucky.

Sen. Max Wise (R-Campbellsville) said lawmakers need to consider more regulations.

“I think right now, what we’re dealing with across the entire college athletic landscape is kind of like the wild wild west: we’re seeing some schools look at (name, image, and likeness) differently and I do think, statutorily, we need to take something into account,” he said. “I think first and foremost is protection of our student-athletes as they enter into contracts, and I think with what the governor did with the executive order was good for the timing, but we also have to look at this in the big picture and the long-term.”

No bill has been filed yet, but officials with both the University of Louisville and the University of Kentucky testified that it will include limits on the kinds of sponsorships a student-athlete can get, like no alcohol or tobacco products, and no gambling endorsements. The universities are actively helping lawmakers craft the legislation.

The bill would also keep students from taking sponsorships that interfere with their education.

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