No Days Like Snow Days: Kentucky’s Proposed Ban on Non-Traditional Instruction Days

Blog Post | 113 KY. L. J. ONLINE | March 28, 2025

No Days Like Snow Days: Kentucky’s Proposed Ban on Non-Traditional Instruction Days

By: Dalton Gregory, Staff Editor, Vol. 113 

The 2020 Covid-19 pandemic highlighted, and greatly increased, the use of virtual and other non-traditional forms of learning throughout schools across the nation. The pandemic required schools, including teachers and students, to adapt to new forms of learning as schools were closed to prevent the spread of the virus. Some school districts have continued to use these virtual forms of education to continue to teach students when schools are closed for weather or sickness, but there has been pushback against the use of these virtual instruction days. Kentucky should continue to allow schools to utilize NTI days, but reforms are needed to fully realize the benefits of NTI days.

Kentucky calls these virtual instruction days Non-Traditional Instruction (NTI) days and they were first implemented through a pilot program in 2011.[1] The program was later extended to be statewide by the General Assembly, through statutory authorization, and school districts in the program were allowed to use up to ten NTI days per school year.[2] For school districts to receive the ten NTI days to use, they must submit an instructional plan to the commissioner of education for approval.[3]

Critics have pushed back against the use of NTI days though, and three representatives from Kentucky’s House of Representatives introduced HB 737 to eliminate NTI days altogether.[4] Many educators worry that using NTI days does not actually result in any notable educational benefit.[5] Because NTI days typically consist of virtual teaching or work packets sent home, students often do not receive the quality of education they get while in the classroom.[6] Some community members and legislators argue that this lower quality of education justifies eliminating NTI days altogether.[7]

While NTI days do have their drawbacks, there are also benefits to giving school districts this option. The main benefit of NTI days is that school districts do not have to extend the school year into the summer, potentially disrupting pre-existing plans of faculty and students.[8] NTI days are also greatly beneficial to school districts in the event of natural disasters that close schools for extended periods of time. The recent flooding in eastern Kentucky is a great example of this benefit as schools have been forced to close due to flood damage.[9] Because NTI learning counts as institutional hours, schools are able to satisfy their student attendance day requirement without having to extend the school year late into summer.[10] The commissioner of education has even asked for an even greater number of NTI days to be given to school districts dealing with natural disasters that impact schools for extended periods of time.[11]

Because of these benefits of NTI days, the Kentucky legislature should not pass HB 737, completely eliminating NTI days. The current system gives school districts the option to apply for NTI days and use them when they deem it appropriate.[12] Eliminating NTI days would take this choice away from school districts, which could especially harm school districts that face significant weather disasters or sickness. School districts are also not required to use NTI days, so if the school administration and community views them as a waste or setback in education, then these districts could simply opt not to use them. School districts should also use NTI days sparingly and weigh the potential costs and benefits when determining whether to use an NTI day or make up the day in person at some point in the year.[13]

While NTI days should not be completely eliminated, there are serious drawbacks and problems with NTI days that school districts, the department of education, and the General Assembly should consider and address. Many of these reforms to the current NTI system should focus on providing quality education on NTI days so students do not fall behind as a result. One way to do this is by utilizing virtual learning by holding lessons online through Zoom or other platforms so teachers and students can still interact in real time. Teachers could post assignments for students to access virtually and hold times to work with students individually or answer questions through virtual meetings. This would allow for higher quality education on NTI days, but there are problems with this approach. One problem is that not all students have access to the Internet, especially in rural communities, so teachers must provide other methods for these students to learn.[14] Some schools choose to send out paper packets to students that do not have Internet access, but this does not provide the higher quality education that actual, real-time instruction from a teacher provides.[15]

Schools that choose to pre-plan NTI day assignments and create physical packets for students to use should especially look to reforming how they approach NTI days, or at least use them sparingly. These packets may not be up to date for what the students are currently learning as some school closings are unpredictable, weakening the educational value of these NTI days. Schools should work to ensure the work being assigned on NTI days is relevant to what students are currently learning in the classroom and ensure that content of the packets will further their educational progress instead of being an interruption in what students are currently learning. For NTI days to provide quality education, schools may require more resources to support students without Internet access.

While some school districts may struggle to properly reform how they utilize NTI days and how they administer work to the students, abolishing NTI days completely is not the answer. The General Assembly should not take this option away from school districts, especially when NTI days can prevent long disruptions to students learning during weather disasters. The General Assembly should instead focus on giving school districts the resources and information needed to properly use NTI days to their fullest. NTI days should be an opportunity for students to continue to learn with minimal decreases in the quality of education received without school years having to extend into the summer.

[1] Unlimited NTI Days, 2021-2022 Funding: Memorandum Provides Flexibility for Kentucky’s School Districts, Ky. Ass’n Sch. Councils, https://www.kasc.net/index.php?option=com_dailyplanetblog&view=entry&category=school-news&id=52:unlimited-nti-days-2021-2022-funding-memorandum-provides-flexibility-for-kentucky-s-school-districts#:~:text=The%20NTI%20Program%20began%20as,10%20NTI%20days%20per%20year (last visited Mar. 14, 2025).

[2] Id.

[3] Ky. Rev. Stat. Ann. § 158.070(8) (LexisNexis 2025).

[4] Drew Amman, House Bill 737 Would Eliminate NTI Days, Lex18 (Feb. 24, 2025, 6:25 PM), https://www.lex18.com/news/covering-kentucky/house-bill-737-would-eliminate-nti-days.

[5] Id.

[6] Id.

[7] Id.

[8] Caitlynn Peetz, Will Schools Actually Ditch Snow Days for Virtual Learning? The Outlook is Still Cloudy, Educ. Week (Jan. 20, 2023), https://www.edweek.org/leadership/will-schools-actually-ditch-snow-days-for-virtual-learning-the-outlook-is-still-cloudy/2023/01.

[9] McKenna Horsley, House Passes Bill to Expand Options for Kentucky Schools to Make up Lost Classroom Time, Ky. Lantern (Feb. 21, 2025, 11:52 AM), https://kentuckylantern.com/2025/02/21/house-passes-bill-to-expand-options-for-kentucky-schools-to-make-up-lost-classroom-time/.

[10] Id.

[11] Id.

[12] See Ky. Rev. Stat. Ann. § 158.070(8) (LexisNexis 2025).

[13] Non-Traditional Instruction (NTI) Guidance Document, Ky. Dep’t Educ., https://www.education.ky.gov/school/innov/Documents/NTI%20Guidance%20Document.pdf, (Nov. 2024).

[14] Id.

[15] Id.