Could Kentucky fourth graders join an ungraded primary classroom with kindergarten through third grade?

Plain-English summary

Eminence Public Schools asked whether fourth graders could share an ungraded classroom with kindergarten through third-grade pupils after the fifth grade moved to middle school. The Kentucky Attorney General said in 1992 that KRS 157.360(5) barred a combined class of ungraded primary pupils and graded fourth graders. The opinion also pointed to an exemption process under KRS 157.360(4) for unusual class-size circumstances and said the State Board was already considering waivers that addressed this type of situation. It did not say a waiver had been granted to Eminence.

Currency note

This opinion was issued in 1992. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Districts grouping primary and fourth-grade pupils

The AG read the then-current statute as prohibiting ungraded primary pupils from sharing a combined class with graded fourth graders. That answered the district’s proposed classroom arrangement directly.

Districts with unusual class-size needs

The opinion quoted the separate class-size provision allowing a superintendent to request a State Board exemption when unusual circumstances warranted increased class size. It reported that the Board was considering waivers under that provision and referred the requester to the Department of Education. The AG did not grant or promise an exemption.

Common questions

Could fourth graders simply join an ungraded K–3 class in 1992?

The AG said no under KRS 157.360(5) as it stood then.

Did the opinion itself approve Eminence’s proposed class arrangement?

No. It described a possible waiver process and said the State Board was considering waivers under that process. The opinion did not say Eminence had applied for one.

What unusual-circumstances procedure did the AG mention?

The opinion cited KRS 157.360(4), which described a superintendent’s request for a State Board class-size exemption with reasons and a plan to reduce class size before the next school year.

Background and statutory framework

The opinion contrasted KRS 157.360(5)’s prohibition on combining ungraded and graded pupils with KRS 157.360(4)’s class-size exemption route. It answered the placement question under the law then in force and noted that the Board, rather than the AG, was considering waivers.

Citations and references

• KRS 157.360(5): prohibition on the described mixed graded and ungraded class.
• KRS 157.360(4): class-size exemption procedure discussed by the AG.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_d5db001d-fb6d-422b-8799-0b15c66cc3f0/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_d5db001d-fb6d-422b-8799-0b15c66cc3f0

Original opinion text

OAG 92-42
March 19, 1992

Mr. Steve Frommyer
Instructional Supervisor
Eminence Public Schools
Eminence, KY 40019
Dear Mr. Frommyer:
You have requested an opinion from this office concerning whether fourth grade students may be allowed to be in ungraded classrooms with students from the primary school (K-3). You indicated that when a decision was made to put the fifth grade in the middle school, the fourth grade was left isolated from all other grades in the elementary school unless fourth grade students could be allowed to be involved in the upgraded approach. At present, fourth grade students may not participate in a joint class with ungraded students, due to a prohibition in KRS 157.360(5) which states in part: In combined classes other than the primary grades, no ungraded students shall be placed in a combined class with graded students. Note, however, that KRS 157.360(4) sets limits on class size for classes combining students from two or more grade levels, including grade 4, and provides in part: The chief state school officer, upon approval of the State Board for Elementary and Secondary Education, shall adopt administrative regulations for enforcing this provision. These administrative regulations shall include procedures for a superintendent to request an exemption from the State Board for Elementary and Secondary Education when unusual circumstances warrant an increased class size for an individual class. A request for an exemption shall include specific reasons for the increased class size with a plan for reducing the class size prior to the beginning of the next school year. A district shall not receive in any one (1) year exemptions for more classes than enroll twenty percent (20%) of the pupils in the primary grades and grades four (4) through eight (8).

Mr. Steve Frommyer
Page 2
OAG 92-42
Upon consultation with the Department of Education, this office has learned that the State Board is already considering waivers under the authority of KRS 157.360(4). The waiver process addresses the kind of situation that you are experiencing. Accordingly, you may wish to be in touch with: Kentucky Department of Education Office of Learning Programs Development Division of Early Childhood The Primary School Branch 500 Mero Street Frankfort, KY 40601 Sincerely, CHRIS GORMAN ATTORNEY GENERAL

Anne E. Keating
Assistant Attorney General
AEK/par