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AN ACT relating to teacher shortages and making an appropriation therefor. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 161 IS CREATED TO 3
READ AS FOLLOWS: 4
ARTICLE 1 5
Purpose 6
It is the purpose of this compact to facilitate the mobility of teachers across the member 7
states, with the goal of supporting teachers through a new pathway to licensure. 8
Through this compact, the member states seek to establish a collective regulatory 9
framework that expedites and enhances the ability of teachers to move across state 10
lines. 11
This compact is intended to achieve the following objectives: 12
A. Create a streamlined pathway to licensure mobility for teachers; 13
B. Support the relocation of eligible military spouses; 14
C. Facilitate and enhance the exchange of teacher licensure, investigative, and 15
disciplinary information between the member states; 16
D. Enhance the power of state and district level education officials to hire qualified, 17
competent teachers by removing barriers to the employment of out-of-state 18
teachers; 19
E. Support the retention of teachers in the profession by removing barriers to re-20
licensure in a new state; and 21
F. Maintain state sovereignty in the regulation of the teaching profession. 22
The member states hereby ratify the same intentions by subscribing hereto. 23
ARTICLE II 24
Definitions 25
As used in this compact, and except as otherwise provided, the following definitions 26
shall govern the terms herein: 27 UNOFFICIAL COPY 23 RS BR 1472
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A. "Active military member" means any person with full-time duty status in the 1
uniformed service of the United States, including members of the National Guard 2
and Reserve; 3
B. "Adverse action" means any limitation or restriction imposed by a member state's 4
licensing authority on the licensee's ability to work as a teacher, such as 5
revocation, suspension, reprimand, or probation; 6
C. "Bylaws" means those bylaws established by the commission; 7
D. "Career and technical education license" means a current, valid authorization 8
issued by a member state's licensing authority allowing an individual to serve as a 9
teacher in preschool through twelfth grade public educational settings in a 10
specific career and technical education area; 11
E. "Charter member states" means a member state that has enacted legislation to 12
adopt this compact where such legislation predates the initial meeting of the 13
commission after the effective date of the compact; 14
F. "Commission" means the interstate administrative body whose membership 15
consists of delegates of all states that have enacted this compact and which is 16
known as the Interstate Teacher Mobility Compact Commission; 17
G. "Commissioner" means the delegate of a member state; 18
H. "Eligible license" means a license to engage in the teaching profession, which 19
requires at least a bachelor's degree and the completion of a state-approved 20
program for teacher licensure; 21
I. "Eligible military spouse" means the spouse of an active military member who is 22
relocating as a result of a military mission, military career progression 23
requirement, or a terminal move due to separation, retirement, or death of the 24
member; 25
J. "Executive committee" mean a group of commissioners elected or appointed to 26
act on behalf of, and within the powers granted to them by, the commission as 27 UNOFFICIAL COPY 23 RS BR 1472
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provided for herein; 1
K. "Licensing authority" means an official, agency, board, or other entity of a state 2
that is responsible for the licensing and regulation of teachers authorized to teach 3
in preschool through twelfth grade public educational settings; 4
L. "Member state" means any state that has adopted this compact, including all 5
agencies and officials of such a state; 6
M. "Receiving state" means any state that a teacher has applied for licensure under 7
this compact; 8
N. "Rule" means any regulation promulgated by the commission under this 9
compact, which shall have the force of law in each member state; 10
O. "State" means a state, territory, or possession of the United States and the 11
District of Columbia; 12
P. "State practice laws" means a member state's law, rules, and regulations that 13
govern the teaching profession, define the scope of such profession, and create 14
the methods and grounds for imposing discipline; 15
Q. "State specific requirements" means a requirement for licensure covered in 16
coursework or examination that includes content of unique interest to the state; 17
R. "Teacher" means an individual who currently holds an authorization from a 18
member state that forms the basis for employment in the preschool through 19
twelfth grade public schools of the state to provide instruction in a specific subject 20
area, grade level, or student population; and 21
S. "Unencumbered license" means a current, valid eligible license that is not a 22
restricted, probationary, provisional, substitute, or temporary credential. 23
ARTICLE III 24
Licensure Under the Compact 25
A. Licensure under this compact pertains only to the initial grant of a license by the 26
receiving state. Nothing herein applies to any subsequent or ongoing compliance 27 UNOFFICIAL COPY 23 RS BR 1472
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requirements that a receiving state might require for teachers. 1
B. Each member state shall, in accordance with the rules of the commission, define, 2
compile, and update as necessary, a list of eligible licenses and career and 3
technical education licenses that the member state is willing to consider for 4
equivalency under this compact and provide the list to the commission. The list 5
shall include those licenses that a receiving state is willing to grant to teachers 6
from other member states, pending a determination of equivalency by the 7
receiving state's licensing authority. 8
C. Upon the receipt of an application for licensure by a teacher holding an 9
unencumbered license, the receiving state shall determine which of the receiving 10
state's eligible licenses the teacher is qualified to hold and shall grant such a 11
license or licenses to the applicant. Such a determination shall be made in the 12
sole discretion of the receiving state's licensing authority and may include a 13
determination that the applicant is not eligible for any of the receiving state's 14
eligible licenses. For all teachers who hold an unencumbered license, the 15
receiving state shall grant one (1) or more unencumbered licenses that, in the 16
receiving state's sole discretion, are equivalent to the license or licenses held by 17
the teacher in any other member state. 18
D. For active military members and eligible military spouses who hold a license that 19
is not unencumbered, the receiving state shall grant an equivalent license or 20
licenses that, in the receiving state's sole discretion, is equivalent to the license or 21
licenses held by the active military member or eligible military spouse, except 22
where the receiving state does not have an equivalent license. 23
E. For a teacher holding an unencumbered career and technical education license, 24
the receiving state shall grant an unencumbered license equivalent to the career 25
and technical education license held by the applying teacher and issued by 26
another member state, as determined by the receiving state in its sole discretion, 27 UNOFFICIAL COPY 23 RS BR 1472
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except when a career and technical education teacher does not hold a bachelor's 1
degree and the receiving state requires a bachelor's degree for licenses to teach 2
career and technical education. A receiving state may require career and 3
technical education teachers to meet state industry-recognized requirements, if 4
required by law in the receiving state. 5
ARTICLE IV 6
Licensure Not Under the Compact 7
A. Except as provided in Article III above, nothing in this compact shall be 8
construed to limit or inhibit the power of a member state to regulate licensure or 9
endorsements overseen by the member state’s licensing authority. 10
B. When a teacher is required to renew a license received pursuant to this compact, 11
the state granting such a license may require the teacher to complete state 12
specific requirements as a condition of licensure renewal or advancement in that 13
state. 14
C. For the purposes of determining compensation, a receiving state may require 15
additional information from teachers receiving a license under the provisions of 16
this compact. 17
D. Nothing in this compact shall be construed to limit the power of a member state to 18
control and maintain ownership of its information pertaining to teachers, or limit 19
the application of a member state’s laws or regulations governing the ownership, 20
use, or dissemination of information pertaining to teachers. 21
E. Nothing in this compact shall be construed to invalidate or alter any existing 22
agreement or other cooperative arrangement which a member state may already 23
be a party to or limit the ability of a member state to participate in any future 24
agreement or other cooperative arrangement to: 25
1. Award teaching licenses or other benefits based on additional professional 26
credentials, including but not limited to National Board Certification; 27 UNOFFICIAL COPY 23 RS BR 1472
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2. Participate in the exchange of names of teachers whose licenses have been 1
subject to an adverse action by a member state; or 2
3. Participate in any agreement or cooperative arrangement with a non-3
member state. 4
ARTICLE V 5
Teacher Qualifications and Requirements for Licensure Under the Compact 6
A. Except as provided for active military members or eligible military spouses in 7
Article III. D. of this compact, a teacher may only be eligible to receive a license 8
under this compact when that teacher holds an unencumbered license in a 9
member state. 10
B. A teacher eligible to receive a license under this compact, unless otherwise 11
provided for herein, shall: 12
1. Upon their application to receive a license under this compact, undergo a 13
criminal background check in the receiving state in accordance with the 14
laws and regulations of the receiving state; and 15
2. Provide the receiving state with information in addition to the information 16
required for licensure for the purposes of determining compensation, if 17
applicable. 18
ARTICLE VI 19
Discipline/Adverse Actions 20
A. Nothing in this compact shall be deemed or construed to limit the authority of a 21
member state to investigate or impose disciplinary measures on teachers 22
according to the state practice laws thereof. 23
B. Member states shall be authorized to receive and shall provide files and 24
information regarding the investigation and discipline, if any, of teachers in other 25
member states upon request. Any member state receiving such information or 26
files shall protect and maintain the security and confidentiality thereof, in at least 27 UNOFFICIAL COPY 23 RS BR 1472
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the same manner that it maintains its own investigatory or disciplinary files and 1
information. Prior to disclosing any disciplinary or investigatory information 2
received from another member state, the disclosing state shall communicate its 3
intention and purpose for such disclosure to the member state that originally 4
provided that information. 5
ARTICLE VII 6
Establishment of the Interstate Teacher Mobility Compact Commission 7
A. The interstate compact member states hereby create and establish a joint public 8
agency known as the Interstate Teacher Mobility Compact Commission. The 9
commission is a joint interstate governmental agency composed of states that 10
have enacted the Interstate Teacher Mobility Compact. Nothing in this interstate 11
compact shall be construed to be a waiver of sovereign immunity. 12
B. The membership, voting, and meetings provisions are as follows: 13
1. Each member state shall have and be limited to one (1) delegate to the 14
commission, who shall be given the title of commissioner. 15
2. The commissioner shall be the primary administrative officer of the state 16
licensing authority or their designee. 17
3. Any commissioner may be removed or suspended from office as provided by 18
the law of the state from which the commissioner is appointed. 19
4. The member state shall fill any vacancy occurring in the commission within 20
ninety (90) days. 21
5. Each commissioner shall be entitled to one (1) vote about the promulgation 22
of rules and creation of bylaws and shall otherwise have an opportunity to 23
participate in the business and affairs of the commission. A commissioner 24
shall vote in person or by such other means as provided in the bylaws. The 25
bylaws may provide for commissioners’ participation in meetings by 26
telephone or other means of communication. 27 UNOFFICIAL COPY 23 RS BR 1472
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6. The commission shall meet at least once during each calendar year. 1
Additional meetings shall be held as set forth in the bylaws. 2
C. The commission shall have the following powers and duties: 3
1. Establish a code of ethics for the commission; 4
2. Establish the fiscal year of the commission; 5
3. Establish bylaws for the commission; 6
4. Maintain financial records in accordance with the bylaws of the 7
commission; 8
5. Meet and take such actions as are consistent with the provisions of this 9
interstate compact, the bylaws, and the rules of the commission; 10
6. Promulgate uniform rules to implement and administer this interstate 11
compact. The rules shall have the force and effect of law and shall be 12
binding in all member states. In the event the commission exercises its 13
rulemaking authority in a manner that is beyond the scope of the purposes 14
of the compact, or the powers granted hereunder, then such an action by the 15
commission shall be invalid and have no force and effect of law; 16
7. Bring and prosecute legal proceedings or actions in the name of the 17
commission, provided that the standing of any member state licensing 18
authority to sue or be sued under applicable law shall not be affected; 19
8. Purchase and maintain insurance and bonds; 20
9. Borrow, accept, or contract for services of personnel, including but not 21
limited to employees of a member state or an associated nongovernmental 22
organization that is open to membership by all states; 23
10. Hire employees, elect or appoint officers, fix compensation, define duties, 24
grant such individuals appropriate authority to carry out the purposes of the 25
compact, and establish the commission’s personnel policies and programs 26
relating to conflicts of interest, qualifications of personnel, and other 27 UNOFFICIAL COPY 23 RS BR 1472
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related personnel matters; 1
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, 2
hold, improve, or use any property, whether real, personal, or mixed, 3
provided that at all times the commission shall avoid any appearance of 4
impropriety; 5
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 6
dispose of any property, whether real, personal, or mixed; 7
13. Establish a budget and make expenditures; 8
14. Borrow money; 9
15. Appoint committees including standing committees composed of members 10
and such other interested persons as may be designated in this interstate 11
compact, rules, or bylaws; 12
16. Provide and receive information from, and cooperate with, law enforcement 13
agencies; 14
17. Establish and elect an executive committee; 15
18. Establish and develop a charter for an executive information governance 16
committee to advise on facilitating exchange of information, use of 17
information, data privacy, and technical support needs, and provide reports 18
as needed; 19
19. Perform such other functions as may be necessary or appropriate to achieve 20
the purposes of this interstate compact consistent with the state regulation 21
of teacher licensure; and 22
20. Determine whether a state’s adopted language is materially different from 23
the model compact language such that the state would not qualify for 24
participation in the compact. 25
D. The Executive Committee of the Interstate Teacher Mobility Compact 26
Commission: 27 UNOFFICIAL COPY 23 RS BR 1472
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1. Shall have the power to act on behalf of the commission according to the 1
terms of this interstate compact and the bylaws of the commission; 2
2. Shall be composed of eight (8) voting members as follows: 3
a. The commission chair, vice chair, and treasurer; and 4
b. Five (5) members who are elected by the commission from the current 5
membership composed of four (4) voting members representing 6
geographic regions and one (1) at-large voting member in accordance 7
with commission bylaws; 8
3. May have its members added or removed by the commission as provided in 9
commission bylaws; 10
4. Shall meet at least once annually; and 11
5. Shall have the following duties and responsibilities: 12
a, Make recommendations to the entire commission regarding changes 13
to the rules or bylaws, changes to the compact legislation, fees paid by 14
interstate compact member states such as annual dues, and any 15
compact fee charged by the member states on behalf of the 16
commission; 17
b. Ensure commission administration services are appropriately 18
provided, contractual or otherwise; 19
c. Prepare and recommend the budget; 20
d. Maintain financial records on behalf of the commission; 21
e. Monitor compliance of member states and provide reports to the 22
commission; and 23
f. Perform other duties as provided in the rules or bylaws. 24
E. Meetings of the Commission: 25
1. All meetings shall be open to the public, and public notice of meetings shall 26
be given in accordance with commission bylaws. 27 UNOFFICIAL COPY 23 RS BR 1472
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2. The commission, the executive committee, or other committees of the 1
commission may convene in a closed, nonpublic meeting if the commission, 2
executive committee, or other committees of the commission must discuss: 3
a. Noncompliance of a member state with its obligations under the 4
compact; 5
b. The employment, compensation, discipline, or other matters, practices, 6
or procedures related to specific employees or other matters related to 7
the commission’s internal personnel practices and procedures; 8
c. Current, threatened, or reasonably anticipated litigation; 9
d. Negotiation of contracts for the purchase, lease, or sale of goods, 10
services, or real estate; 11
e. Accusing any person of a crime or formally censuring any person; 12
f. Disclosure of trade secrets or commercial or financial information 13
that is privileged or confidential; 14
g. Disclosure of information of a personal nature where disclosure 15
would constitute a clearly unwarranted invasion of personal privacy; 16
h. Disclosure of investigative records compiled for law enforcement 17
purposes; 18
i. Disclosure of information related to any investigative reports prepared 19
by or on behalf of or for use of the commission or other committee 20
charged with responsibility of investigation or determination of 21
compliance issues pursuant to the compact; 22
j. Matters specifically exempted from disclosure by federal or member 23
state statute; and 24
k. Other matters as set forth by commission bylaws and rules. 25
3. If a meeting, or portion of a meeting, is closed pursuant to this section, the 26
commission’s legal counsel or designee shall certify that the meeting may be 27 UNOFFICIAL COPY 23 RS BR 1472
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closed and shall reference each relevant exempting provision. 1
4. The commission shall keep minutes of meetings of the executive committee, 2
commission, and other committees of the commission and shall provide a 3
full and accurate summary of actions taken, and the reasons therefor, 4
including a description of the views expressed. All documents considered in 5
connection with an action shall be identified in such minutes. All minutes 6
and documents of a closed meeting shall remain under seal, subject to 7
release by a majority vote of the commission or order of a court of 8
competent jurisdiction. 9
F. Financing of the Commission: 10
1. The commission shall pay, or provide for the payment of, the reasonable 11
expenses of its establishment, organization, and ongoing activities. 12
2. The commission may accept all appropriate donations and grants of money, 13
equipment, supplies, materials, and services, and receive, utilize, and 14
dispose of the same, provided that at all times the commission shall avoid 15
any appearance of impropriety or conflict of interest. 16
3. The commission may levy on and collect an annual assessment from each 17
member state or impose fees on other parties to cover the cost of the 18
operations and activities of the commission, in accordance with the 19
commission rules. 20
4. The commission shall not incur obligations of any kind prior to securing 21
the funds adequate to meet the same; nor shall the commission pledge the 22
credit of any of the member states, except by and with the authority of the 23
member state. 24
5. The commission shall keep accurate accounts of all receipts and 25
disbursements. The receipts and disbursements of the commission shall be 26
subject to accounting procedures established under commission bylaws. All 27 UNOFFICIAL COPY 23 RS BR 1472
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receipts and disbursements of commission funds shall be reviewed annually 1
in accordance with commission bylaws, and a report of the review shall be 2
included in and become part of the annual report of the commission. 3
G. Qualified Immunity, Defense, and Indemnification: 4
1. The members, officers, executive director, employees, and representatives of 5
the commission shall be immune from suit and liability, either personally or 6
in their official capacity, for any claim for damage to or loss of property or 7
personal injury or other civil liability caused by or arising out of any actual 8
or alleged act, error, or omission that occurred, or that the person against 9
whom the claim is made had a reasonable basis for believing occurred, 10
within the scope of commission employment, duties, or responsibilities; 11
provided that nothing in this paragraph shall be construed to protect any 12
such person from suit or liability for any damage, loss, injury, or liability 13
caused by the intentional, willful, or wanton misconduct of that person. 14
2. The commission shall defend any member, officer, executive director, 15
employee, or representative of the commission in any civil action seeking to 16
impose liability arising out of any actual or alleged act, error, or omission 17
that occurred within the scope of commission employment, duties, or 18
responsibilities, or that the person against whom the claim is made had a 19
reasonable basis for believing occurred within the scope of commission 20
employment, duties, or responsibilities; provided that nothing herein shall 21
be construed to prohibit that person from retaining his or her own counsel; 22
and provided further, that the actual or alleged act, error, or omission did 23
not result from that person’s intentional or willful or wanton misconduct. 24
3. The commission shall indemnify and hold harmless any member, officer, 25
executive director, employee, or representative of the commission for the 26
amount of any settlement or judgment obtained against that person arising 27 UNOFFICIAL COPY 23 RS BR 1472
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out of any actual or alleged act, error, or omission that occurred within the 1
scope of commission employment, duties, or responsibilities, or that such 2
person had a reasonable basis for believing occurred within the scope of 3
commission employment, duties, or responsibilities, provided that the actual 4
or alleged act, error, or omission did not result from the intentional or 5
willful or wanton misconduct of that person. 6
ARTICLE VIII 7
Rulemaking 8
A. The commission shall exercise its rulemaking powers pursuant to the criteria set 9
forth in this interstate compact and the rules adopted thereunder. Rules and 10
amendments shall become binding as of the date specified in each rule or 11
amendment. 12
B. The commission shall promulgate reasonable rules to achieve the intent and 13
purpose of this interstate compact. In the event the commission exercises its 14
rulemaking authority in a manner that is beyond purpose and intent of this 15
interstate compact, or the powers granted hereunder, then such an action by the 16
commission shall be invalid and have no force and effect of law in the member 17
states. 18
C. If a majority of the legislatures of the member states rejects a rule by enactment 19
of a statute or resolution in the same manner used to adopt the compact within 20
four (4) years of the date of adoption of the rule, then such rule shall have no 21
further force and effect in any member state. 22
D. Rules or amendments to the rules shall be adopted or ratified at a regular or 23
special meeting of the commission in accordance with commission rules and 24
bylaws. 25
E. Upon determination that an emergency exists, the commission may consider and 26
adopt an emergency rule with forty-eight (48) hours' notice, with opportunity to 27 UNOFFICIAL COPY 23 RS BR 1472
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comment, provided that the usual rulemaking procedures shall be retroactively 1
applied to the rule as soon as reasonably possible, and in no event later than 2
ninety (90) days after the effective date of the rule. For the purposes of this 3
provision, an emergency rule is one that must be adopted immediately in order to: 4
1. Meet an imminent threat to public health, safety, or welfare; 5
2. Prevent a loss of commission or member state funds; 6
3. Meet a deadline for the promulgation of an administrative rule that is 7
established by federal law or rule; or 8
4. Protect public health and safety. 9
ARTICLE IX 10
Facilitating Information Exchange 11
A. The commission shall provide for facilitating the exchange of information to 12
administer and implement the provisions of this compact in accordance with the 13
rules of the commission, consistent with generally accepted data protection 14
principles. 15
B. Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the 16
power of a member state to control and maintain ownership of its licensee 17
information or alter, limit, or inhibit the laws or regulations governing licensee 18
information in the member state. 19
ARTICLE X 20
Oversight, Dispute Resolution, and Enforcement 21
A. Oversight: 22
1. The executive and judicial branches of state government in each member 23
state shall enforce this compact and take all actions necessary and 24
appropriate to effectuate the compact’s purposes and intent. The provisions 25
of this compact shall have standing as statutory law. 26
2. Venue is proper and judicial proceedings by or against the commission shall 27 UNOFFICIAL COPY 23 RS BR 1472
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be brought solely and exclusively in a court of competent jurisdiction where 1
the principal office of the commission is located. The commission may 2
waive venue and jurisdictional defenses to the extent it adopts or consents to 3
participate in alternative dispute resolution proceedings. Nothing herein 4
shall affect or limit the selection or propriety of venue in any action against 5
a licensee for professional malpractice, misconduct, or any such similar 6
matter. 7
3. All courts and all administrative agencies shall take judicial notice of the 8
compact, the rules of the commission, and any information provided to a 9
member state pursuant thereto in any judicial or quasi-judicial proceeding 10
in a member state pertaining to the subject matter of this compact or which 11
may affect the powers, responsibilities, or actions of the commission. 12
4. The commission shall be entitled to receive service of process in any 13
proceeding regarding the enforcement or interpretation of the compact and 14
shall have standing to intervene in such a proceeding for all purposes. 15
Failure to provide the commission service of process shall render a 16
judgment or order void as to the commission, this compact, or promulgated 17
rules. 18
B. Default, Technical Assistance, and Termination: 19
1. If the commission determines that a member state has defaulted in the 20
performance of its obligations or responsibilities under this compact or the 21
promulgated rules, the commission shall provide: 22
a. Written notice to the defaulting state and other member states of the 23
nature of the default, the proposed means of curing the default, or any 24
other action to be taken by the commission; and 25
b. Remedial training and specific technical assistance regarding the 26
default. 27 UNOFFICIAL COPY 23 RS BR 1472
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2. If a state in default fails to cure the default, the defaulting state may be 1
terminated from the compact upon an affirmative vote of a majority of the 2
commissioners of the member states, and all rights, privileges, and benefits 3
conferred on that state by this compact may be terminated on the effective 4
date of termination. A cure of the default does not relieve the offending 5
state of obligations or liabilities incurred during the period of default. 6
3. Termination of membership in the compact shall be imposed only after all 7
other means of securing compliance have been exhausted. Notice of intent 8
to suspend or terminate shall be given by the commission to the governor, 9
the majority and minority leaders of the defaulting state’s legislature, the 10
state licensing authority, and each of the member states. 11
4. A state that has been terminated is responsible for all assessments, 12
obligations, and liabilities incurred through the effective date of 13
termination, including obligations that extend beyond the effective date of 14
termination. 15
5. The commission shall not bear any costs related to a state that is found to be 16
in default or that has been terminated from the compact, unless agreed 17
upon in writing between the commission and the defaulting state. 18
6. The defaulting state may appeal the action of the commission by petitioning 19
the United States District Court for the District of Columbia or the federal 20
district where the commission has its principal offices. The prevailing party 21
shall be awarded all costs of such litigation, including reasonable attorney’s 22
fees. 23
C. Dispute Resolution: 24
1. Upon request by a member state, the commission shall attempt to resolve 25
disputes related to the compact that arise among member states and between 26
member and nonmember states. 27 UNOFFICIAL COPY 23 RS BR 1472
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2. The commission shall promulgate a rule providing for both binding and 1
nonbinding alternative dispute resolution for disputes as appropriate. 2
D. Enforcement: 3
1. The commission, in the reasonable exercise of its discretion, shall enforce 4
the provisions and rules of this compact. 5
2. By majority vote, the commission may initiate legal action in the United 6
States District Court for the District of Columbia or the federal district 7
where the commission has its principal offices against a member state in 8
default to enforce compliance with the provisions of the compact and its 9
promulgated rules and bylaws. The relief sought may include both 10
injunctive relief and damages. In the event judicial enforcement is 11
necessary, the prevailing party shall be awarded all costs of such litigation, 12
including reasonable attorney’s fees. The remedies herein shall not be the 13
exclusive remedies of the commission. The commission may pursue any 14
other remedies available under federal or state law. 15
ARTICLE XI 16
Effectuation, Withdrawal, and Amendment 17
A. The compact shall come into effect on the date on which the compact statute is 18
enacted into law in the tenth member state. 19
1. On or after the effective date of the compact, the commission shall convene 20
and review the enactment of each of the charter member states to determine 21
if the statute enacted by each such charter member state is materially 22
different from the model compact statute. 23
2. A charter member state whose enactment is found to be materially different 24
from the model compact statute shall be entitled to the default process set 25
forth in Article X. 26
3. Member states enacting the compact subsequent to the charter member 27 UNOFFICIAL COPY 23 RS BR 1472
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states shall be subject to the process set forth in Article VII. C. 20 to 1
determine if their enactments are materially different from the model 2
compact statute and whether they qualify for participation in the compact. 3
B. If any member state is later found to be in default, or is terminated or withdraws 4
from the compact, the commission shall remain in existence and the compact 5
shall remain in effect even if the number of member states should be less than ten 6
(10). 7
C. Any state that joins the compact after the commission’s initial adoption of the 8
rules and bylaws shall be subject to the rules and bylaws as they exist on the date 9
on which the compact becomes law in that state. Any rule that has been 10
previously adopted by the commission shall have the full force and effect of law 11
on the day the compact becomes law in that state, as the rules and bylaws may be 12
amended as provided in this compact. 13
D. Any member state may withdraw from this compact by enacting a statute 14
repealing the same. 15
1. A member state’s withdrawal shall not take effect until six (6) months after 16
enactment of the repealing statute. 17
2. Withdrawal shall not affect the continuing requirement of the withdrawing 18
state’s licensing authority to comply with the investigative and adverse 19
action reporting requirements of this compact prior to the effective date of 20
withdrawal. 21
E. This compact may be amended by the member states. No amendment to this 22
compact shall become effective and binding upon any member state until it is 23
enacted into the laws of all member states. 24
ARTICLE XII 25
Construction and Severability 26
This compact shall be liberally construed to effectuate the purposes thereof. The 27 UNOFFICIAL COPY 23 RS BR 1472
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provisions of this compact shall be severable and if any phrase, clause, sentence, or 1
provision of this compact is declared to be contrary to the constitution of any member 2
state, a state seeking membership in the compact, or of the United States or the 3
applicability thereof to any other government, agency, person, or circumstance is held 4
invalid, the validity of the remainder of this compact and the applicability thereof to 5
any government, agency, person, or circumstance shall not be affected thereby. If this 6
compact shall be held contrary to the constitution of any member state, the compact 7
shall remain in full force and effect as to the remaining member states and in full force 8
and effect as to the member state affected as to all severable matters. 9
ARTICLE XIII 10
Consistent Effect and Conflict with Other State Laws 11
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 12
member state that is not inconsistent with the compact. 13
B. Any laws, statutes, regulations, or other legal requirements in a member state in 14
conflict with the compact are superseded to the extent of the conflict. 15
C. All permissible agreements between the commission and the member states are 16
binding in accordance with their terms. 17
SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) When a school district employee voluntarily leaves the district, the local board of 20
education shall ensure that each employee completes an exit survey in 21
accordance with a policy approved by the board. 22
(2) (a) The Kentucky Department of Education shall develop a system for school 23
districts to report exit survey information without providing personally 24
identifiable information for use in evaluating factors impacting teacher 25
retainment. 26
(b) Information submitted by an employee and reported to the department shall 27 UNOFFICIAL COPY 23 RS BR 1472
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include but not be limited to the position vacated, the employee's years of 1
service in the position and in the district, if the employee is taking a similar 2
position in another district, and the reason or reasons provided for leaving 3
the district. 4
SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) The Council on Postsecondary Education shall establish a marketing program, as 7
funds are available, to promote the importance of and encourage respect for the 8
teaching profession and to encourage secondary and postsecondary students to 9
enter the teaching profession. 10
(2) The program may consist of various media and messaging components including 11
but not limited to television, social media, and radio. 12
(3) The council shall seek appropriations, gifts, grants, federal funds, and any other 13
funds, both public and private, to provide financial support to the program. 14
(4) By November 1, 2024, the council shall provide a report to the Interim Joint 15
Committee on Education on the status of the funding and implementation of the 16
marketing program. 17
(5) (a) The elevate teaching fund is hereby created as a trust fund in the State 18
Treasury to be administered by the council for the purpose of providing the 19
marketing program as described in this section. 20
(b) The trust fund shall consist of state general fund appropriations, gifts, and 21
grants from public and private sources, and federal funds. All moneys 22
included in the fund shall be appropriated for the purposes set forth in this 23
section. 24
(c) Any unallotted or unencumbered balances in the trust fund shall be 25
invested as provided in KRS 42.500(9). Income earned from the investments 26
shall be credited to the trust fund. 27 UNOFFICIAL COPY 23 RS BR 1472
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(d) Notwithstanding KRS 45.229, any fund balance at the close of the fiscal 1
year shall not lapse but shall be carried forward to the next fiscal year and 2
continuously appropriated only for the purposes specified in this section. 3
SECTION 4. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) If funds are available, the Kentucky Department of Education shall establish and 6
provide for the operation of an online statewide job posting system for vacancies 7
at school districts, public charter schools, and nonpublic schools that have 8
voluntarily been certified by the Kentucky Board of Education in accordance with 9
KRS 156.160(3). 10
(2) The system shall: 11
(a) Be accessible through the department's website; 12
(b) Include a mechanism for employers to electronically submit job openings 13
for posting on the system as provided in subsection (5) of this section; 14
(c) Allow the public to review job postings; 15
(d) Allow potential applicants to electronically submit applications and relevant 16
application materials; and 17
(e) Permit employers to access, review, and download applications and 18
application materials. 19
(3) Each job posting for a vacancy at a school district or public charter school shall 20
include the employer's policy against discrimination in employment. 21
(4) The department may contract for or partner with another entity for the use of an 22
existing online statewide job posting system if the existing system is more effective 23
and economical than the development and implementation of the department's 24
own system. 25
(5) School districts and public charter schools shall electronically submit all job 26
postings to the system. A nonpublic school identified in subsection (1) of this 27 UNOFFICIAL COPY 23 RS BR 1472
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section may submit job postings in the same manner. 1
(6) Nothing in this section shall: 2
(a) Prohibit an employer from advertising job openings and recruiting 3
employees independently from the system; 4
(b) Prohibit an employer from using another method of advertising job 5
openings or another applicant tracking system in addition to the system; 6
(c) Require all job applications for posted vacancies be submitted digitally or 7
only be submitted through the system; or 8
(d) Provide the Department of Education with any regulatory authority in the 9
hiring process or hiring decisions of any employer. 10
Section 5. KRS 164.769 is amended to read as follows: 11
(1) It is the intent of the General Assembly to establish a teacher scholarship program 12
to assist highly qualified individuals to become certified Kentucky teachers and 13
render teaching service in Kentucky schools. 14
(2) For purposes of this section, the terms listed below shall have the following 15
meanings: 16
(a) "Critical shortage area" means an understaffing of teachers in particular 17
subject matters at the secondary level, in grade levels, or in geographic 18
locations at the elementary and secondary level, as determined by the 19
commissioner of education in consultation with the authority. The 20
commissioner and the authority may use any source considered reliable, 21
including but not limited to local education agencies, to identify the critical 22
shortage areas; 23
(b) "Dual credit" has the same meaning as in KRS 158.007; 24
(c) "Eligible program of study" means an undergraduate or graduate program of 25
study which is preparatory to teacher certification; 26
(d) "Expected family contribution" means the amount that a student and his 27 UNOFFICIAL COPY 23 RS BR 1472
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family are expected to contribute toward the cost of the student's education 1
determined by applying methodology set forth in 20 U.S.C. sec. 1087 kk to 2
1087 vv; 3
(e) "Participating institution" means an institution of higher education located in 4
Kentucky which offers an eligible program of study and has in force an 5
agreement with the authority providing for administration of this program; 6
(f) "Qualified teaching service" means teaching the major portion of each school 7
day for at least seventy (70) days each semester in a public school of the 8
Commonwealth or a private school certified pursuant to KRS 156.160(3), 9
except that an individual having a disability defined by Title II of the 10
Americans with Disabilities Act (42 U.S.C. secs. 12131 et seq.) or serious and 11
extended illness, whose disability or illness, certified by a licensed physician, 12
prevents that individual from teaching a major portion of each school day, 13
shall be deemed to perform qualified teaching service by teaching the 14
maximum time permitted by the attending physician; 15
(g) "Semester" means a period of about eighteen (18) weeks, which usually 16
makes up one-half (1/2) of a school year or one-half (1/2) of a participating 17
institution's academic year; and 18
(h) "Summer term" means an academic period consisting of one (1) or more 19
sessions of instruction between a spring and a fall semester. 20
(3) The authority may, to the extent of appropriations and other funds available to it 21
pursuant to subsection (9) of this section, award teacher scholarships to persons 22
eligible under subsection (4) of this section, who initially demonstrate financial 23
need in accordance with standards and criteria established by the authority or 24
received teacher scholarships pursuant to this section prior to July 1, 1996. Each 25
teacher scholarship shall be evidenced by a promissory note that requires repayment 26
or cancellation pursuant to subsection (6) of this section. 27 UNOFFICIAL COPY 23 RS BR 1472
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(4) Kentucky residents who are United States citizens or permanent residents and 1
enrolled or accepted for enrollment in an eligible program of study at a participating 2
institution shall be eligible to apply for and be awarded teacher scholarships. 3
Teacher scholarships shall first be awarded to highly qualified eligible students who 4
meet standards and requirements established by the Education Professional 5
Standards Board pursuant to KRS 161.028 for admission to a teacher education 6
program at a participating institution in pursuit of initial teacher certification. If 7
funds are not depleted after awarding teacher scholarships to students who meet the 8
preceding criteria, then awards shall be made to any otherwise eligible students. 9
(5) The authority, in consultation with the Council on Postsecondary Education and 10
the Kentucky Department of Education, shall establish, by administrative 11
regulation, the maximum amount of scholarship to be awarded for each semester 12
and summer term under this section, and shall prorate the amount awarded to any 13
student enrolled less than full-time in accordance with subsection (6)(a) of this 14
section.[ The aggregate amount of scholarships awarded to an individual shall not 15
exceed twelve thousand five hundred dollars ($12,500) for undergraduate students 16
and seven thousand five hundred dollars ($7,500) for postbaccalaureate students, 17
except that the aggregate amount of scholarships awarded to an individual who 18
received teacher scholarships pursuant to this section prior to July 1, 1996, 19
including any amount received pursuant to KRS 156.611, 156.613, 164.768, or 20
164.770, shall not exceed twenty thousand dollars ($20,000).] The amount of each 21
scholarship to be awarded shall not exceed the applicant's total cost of education 22
minus other financial assistance received or expected to be received by the 23
applicant during the academic period. 24
(6) (a) The authority shall disburse teacher scholarships to eligible students who 25
agree to render qualified teaching service as certified teachers, and are 26
unconditionally admitted and enrolled in an eligible program of study. 27 UNOFFICIAL COPY 23 RS BR 1472
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(b) A teacher scholarship shall not be awarded or a promissory note cancellation 1
shall not be granted to any person who is in default on any obligation to the 2
authority under any program administered by the authority pursuant to KRS 3
164.740 to 164.785 until financial obligations to the authority are satisfied, 4
except that ineligibility for this reason may be waived by the authority for 5
cause. 6
(c) Recipients shall render one (1) semester of qualified teaching service for each 7
semester or summer term of scholarship received, except that recipients who 8
teach in a critical shortage area designated by the authority or teach dual 9
credit coursework in a certified Kentucky high school shall render one (1) 10
semester of qualified teaching service as repayment for two (2) semesters or 11
summer terms of scholarships received. Upon completion of each semester of 12
qualified teacher service, the authority shall cancel the appropriate number of 13
promissory notes. 14
(d) If the recipient of a teacher scholarship fails to complete an eligible program 15
of study at a participating institution or fails to render qualified teaching 16
service in any semester following certification or recertification, unless the 17
failure is temporarily waived for cause by the authority, the recipient shall 18
immediately become liable to the authority for repayment of the sum of all 19
outstanding promissory notes and accrued interest. Persons liable for 20
repayment of scholarships under this paragraph shall be liable for interest 21
accruing from the dates on which the teacher scholarships were disbursed. 22
(e) Recipients who have outstanding loans or scholarships under KRS 156.611, 23
156.613, 164.768, or 164.770 respectively, and who render qualified teaching 24
service, shall have their notes canceled in accordance with subsection (6)(c) of 25
this section. 26
(f) The authority, in consultation with the Council on Postsecondary Education 27 UNOFFICIAL COPY 23 RS BR 1472
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and the Kentucky Department of Education, shall establish, by 1
administrative regulation, the terms and conditions for the award, 2
cancellation, and repayment of teacher scholarships including, but not limited 3
to, the selection criteria, eligibility for renewal awards, amount of scholarship 4
payments, deferments, the rate of repayment, and the interest rate thereon. 5
(g) Notwithstanding any other statute to the contrary, the maximum interest rate 6
applicable to repayment of a promissory note under this section shall be eight 7
percent (8%)[twelve percent (12%)] per annum, except that if a judgment is 8
rendered to recover payment, the judgment shall bear interest at the rate of 9
five percent (5%) greater than the rate actually charged on the promissory 10
note. 11
(7) A repayment obligation imposed by this section shall not be voidable by reason of 12
the age of the recipient at the time of receiving the teacher scholarship. 13
(8) Failure to meet repayment obligations imposed by this section shall be cause for the 14
revocation of a person's teaching certificate, subject to the procedures set forth in 15
KRS 161.120. 16
(9) All moneys repaid to the authority under this section shall be added to the 17
appropriations made for purposes of this section, and the funds and unobligated 18
appropriations shall not lapse. 19
(10) The authority may execute appropriate contracts and promissory notes for 20
administering this section. 21
(11) Notwithstanding any other statute to the contrary, if available funds are insufficient 22
for all requested scholarships for eligible applicants during any fiscal year, the 23
authority shall give priority consideration to eligible applicants who previously 24
received teacher scholarships and, until June 30, 2018, to loan forgiveness for 25
teachers who have outstanding loan balance eligibility for Best in Class loans issued 26
prior to June 30, 2008. If funds are insufficient to make all requested renewal 27 UNOFFICIAL COPY 23 RS BR 1472
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scholarships to eligible applicants, the authority shall reduce all scholarship awards 1
to the extent necessary to provide scholarships to all qualified renewal applicants. 2
If, after awarding all eligible renewal applicants, funds are not depleted, initial 3
applications shall be ranked according to regulatory selection criteria, which may 4
include expected family contribution and application date, and awards shall be 5
made to highly qualified applicants until funds are depleted. 6
(12) The authority shall submit a report on the number of teacher scholarships 7
provided in each fiscal year, the program of study in which recipients are 8
enrolled, recipient retention rates, total number of applications, and scholarship 9
recruitment strategies to the Interim Joint Committee on Education by December 10
1 of each year. 11
Section 6. KRS 161.048 is amended to read as follows: 12
(1) The General Assembly hereby finds that: 13
(a) 1. There are persons who have distinguished themselves through a variety 14
of work and educational experiences that could enrich teaching in 15
Kentucky schools; 16
2. There are distinguished scholars who wish to become teachers in 17
Kentucky's public schools, but who did not pursue a teacher preparation 18
program; 19
3. There are persons who should be recruited to teach in Kentucky's public 20
schools as they have academic majors, strong verbal skills as shown by 21
a verbal ability test, and deep knowledge of content, characteristics that 22
empirical research identifies as important attributes of quality teachers; 23
4. There are persons who need to be recruited to teach in Kentucky schools 24
to meet the diverse cultural and educational needs of students; and 25
5. There should be alternative procedures to the traditional teacher 26
preparation programs that qualify persons as teachers; 27 UNOFFICIAL COPY 23 RS BR 1472
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(b) There are hereby established alternative certification program options as 1
described in subsections (2) to (10) of this section; 2
(c) It is the intent of the General Assembly that the Education Professional 3
Standards Board inform scholars, persons with exceptional work experience, 4
and persons with diverse backgrounds who have potential as teachers of these 5
options and assist local boards of education in implementing these options and 6
recruitment of individuals who can enhance the education system in 7
Kentucky; 8
(d) The Education Professional Standards Board may reject the application of any 9
candidate who is judged as not meeting academic requirements comparable to 10
those for students enrolled in Kentucky teacher preparation programs; and 11
(e) The Education Professional Standards Board shall promulgate administrative 12
regulations establishing standards and procedures for the alternative 13
certification options described in this section. If the certification option 14
requires employment prior to certification, the procedures shall establish a 15
process for candidates to obtain an eligible for hire letter from the 16
Education Professional Standards Board. 17
(2) Option 1: Certification of a person with exceptional work experience. An individual 18
who has exceptional work experience and has been offered employment in a local 19
school district shall receive a one (1) year provisional certificate with approval by 20
the Education Professional Standards Board of a joint application by the individual 21
and the employing school district under the following conditions: 22
(a) The application contains documentation of all education and work experience; 23
(b) The candidate has documented exceptional work experience in the area in 24
which certification is being sought; and 25
(c) The candidate possesses: 26
1. A bachelor's degree or a graduate degree; 27 UNOFFICIAL COPY 23 RS BR 1472
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2. A minimum cumulative grade point average of two and seventy-five 1
hundredths (2.75) on a four (4) point scale or a minimum grade point 2
average of three (3.0) on a four (4) point scale on the last thirty (30) 3
hours of credit completed, including undergraduate and graduate 4
coursework from a nationally or regionally accredited postsecondary 5
institution; and 6
3. An academic major or a passing score on the academic content 7
assessment in the area in which certification is being sought by the 8
applicant as designated by the Education Professional Standards Board. 9
The candidate shall participate in the teacher internship program under KRS 10
161.030. After successful completion of the internship program, the candidate shall 11
receive a professional certificate and shall be subject to certificate renewal 12
requirements the same as other teachers with a professional certificate. 13
(3) Option 2: Certification through a local school district training program. A local 14
school district or group of school districts may seek approval for a training 15
program. The state-approved local school district training program is an alternative 16
to the college teacher preparation program as a means of acquiring teacher 17
certification for a teacher at any grade level. The training program may be offered 18
for all teaching certificates approved by the Education Professional Standards 19
Board, including interdisciplinary early childhood education, except for specific 20
certificates for teachers of exceptional children. To participate in a state-approved 21
local school district alternative training program, the candidate shall possess: 22
(a) A bachelor's degree or a graduate degree; 23
(b) A minimum cumulative grade point average of two and seventy-five 24
hundredths (2.75) on a four (4) point scale or a minimum grade point average 25
of three (3) on a four (4) point scale on the last thirty (30) hours of credit 26
completed, including undergraduate and graduate coursework from a 27 UNOFFICIAL COPY 23 RS BR 1472
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nationally or regionally accredited postsecondary institution; 1
(c) A passing score on the academic content assessment in the area in which 2
certification is being sought by the applicant as designated by the Education 3
Professional Standards Board. To be eligible to take an academic content 4
assessment, the applicant shall have completed a thirty (30) hour major in the 5
academic content area or five (5) years of experience in the academic content 6
area as approved by the Education Professional Standards Board; and 7
(d) An offer of employment in a school district which has a training program 8
approved by the Education Professional Standards Board. 9
Upon meeting the participation requirements as established in this subsection, the 10
candidate shall be issued a one (1) year provisional certificate by the Education 11
Professional Standards Board. The candidate shall participate in the teacher 12
internship program under KRS 161.030. After successful completion of the 13
internship program, the candidate shall receive a professional certificate and shall 14
be subject to certificate renewal requirements the same as other teachers with a 15
professional certificate. 16
(4) Option 3: Certification of a professional from a postsecondary institution: A 17
candidate who possesses the following qualifications may receive a one (1) year 18
provisional certificate for teaching at any level: 19
(a) A master's degree or doctoral degree in the academic content area for which 20
certification is sought; 21
(b) A minimum of five (5) years of full-time teaching experience, or its 22
equivalent, in the academic content area for which certification is sought in a 23
regionally or nationally accredited institution of higher education; and 24
(c) An offer of employment in a school district which has been approved by the 25
Education Professional Standards Board. 26
The candidate shall participate in the teacher internship program under KRS 27 UNOFFICIAL COPY 23 RS BR 1472
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161.030. After successful completion of the internship program, the candidate shall 1
receive a professional certificate and shall be subject to certificate renewal 2
requirements the same as other teachers with professional certificates. 3
(5) Option 4: Certification of an adjunct instructor. A person who has expertise in areas 4
such as art, music, foreign language, drama, science, computer science, and other 5
specialty areas may be employed as an adjunct instructor in a part-time position by 6
a local board of education under KRS 161.046. 7
(6) Option 5: Certification of a veteran of the Armed Forces. The Education 8
Professional Standards Board shall issue a statement of eligibility, valid for five (5) 9
years, for teaching at the elementary, secondary, and secondary career technical 10
education levels to a veteran of the Armed Forces who was honorably discharged 11
from active duty as evidenced by Defense Department Form 214 (DD 214) or 12
National Guard Bureau Form 22 or to a member of the Armed Services currently 13
serving with six (6) or more years of honorable service, including Reserves, 14
National Guard, or active duty. The candidate shall possess: 15
(a) A bachelor's degree or graduate degree; 16
(b) A minimum cumulative grade point average of two and seventy-five 17
hundredths (2.75) on a four (4) point scale or a minimum grade point average 18
of three (3) on a four (4) point scale on the last thirty (30) hours of credit 19
completed, including undergraduate and graduate coursework from a 20
nationally or regionally accredited postsecondary institution; and 21
(c) An academic major or a passing score on the academic content assessment in 22
the area in which certification is being sought by the applicant as designated 23
by the Education Professional Standards Board. 24
Upon an offer of employment by a school district, the eligible veteran shall receive 25
a one (1) year provisional certificate with approval by the Education Professional 26
Standards Board of a joint application by the veteran and the employing school 27 UNOFFICIAL COPY 23 RS BR 1472
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district. During this year, the veteran shall participate in the teacher internship 1
program under KRS 161.030. After successful completion of the internship 2
program, the veteran shall receive a professional certificate. 3
(7) Option 6: University alternative program. With approval of the Education 4
Professional Standards Board, a university may provide an alternative program that 5
enrolls students in a postbaccalaureate teacher preparation program concurrently 6
with employment as a teacher in a local school district. A student in the alternative 7
program shall be granted a one (1) year provisional certificate and shall participate 8
in the Kentucky teacher internship program, notwithstanding provisions of KRS 9
161.030. A student may not participate in the internship program until the student 10
has successfully completed the assessments required by the board. The one (1) year 11
provisional certificate may be renewed two (2) additional years, and shall be 12
contingent upon the candidate's continued enrollment in the preparation program 13
and compliance with all requirements established by the board. A professional 14
certificate shall be issued upon the teacher candidate's successful completion of the 15
program, the internship program requirements, and all academic content 16
assessments in the specific teaching field of the applicant as designated by the 17
Education Professional Standards Board. 18
(8) Option 7: Certification of a person in a field other than education to teach in 19
elementary, middle, or secondary programs. This option shall not be limited to 20
teaching in shortage areas. An individual certified under provisions of this 21
subsection shall be issued a one (1) year provisional certificate, renewable for a 22
maximum of two (2) additional years with approval of the Education Professional 23
Standards Board. 24
(a) The candidate shall possess: 25
1. A bachelor's degree with a declared academic major in the area in which 26
certification is sought or a graduate degree in a field related to the area 27 UNOFFICIAL COPY 23 RS BR 1472
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in which certification is sought; 1
2. A minimum cumulative grade point average of two and seventy-five 2
hundredths (2.75) on a four (4) point scale or a minimum grade point 3
average of three (3) on a four (4) point scale on the last thirty (30) hours 4
of credit completed, including undergraduate and graduate coursework 5
from a nationally or regionally accredited postsecondary institution; 6
3. A passing score on the GRE or equivalent as designated by the 7
Education Professional Standards Board. A candidate who has a 8
terminal degree shall be exempt from the requirements of this 9
subparagraph; and 10
4. A passing score on the academic content assessment in the area in which 11
certification is being sought as designated by the Education Professional 12
Standards Board. 13
(b) Prior to receiving the one (1) year provisional certificate or during the first 14
year of the certificate, the teacher shall complete the following: 15
1. For elementary teaching, the individual shall successfully complete the 16
equivalent of a two hundred forty (240) hour institute, based on six (6) 17
hour days for eight (8) weeks. The providers and the content of the 18
institute shall be approved by the Education Professional Standards 19
Board. The content shall include research-based teaching strategies in 20
reading and math, research on child and adolescent growth, knowledge 21
of individual differences, including teaching exceptional children, and 22
methods of classroom management. 23
2. For middle and secondary teaching, the individual shall successfully 24
complete the equivalent of a one hundred eighty (180) hour institute, 25
based on six (6) hour days for six (6) weeks. The providers and the 26
content of the institute shall be approved by the Education Professional 27 UNOFFICIAL COPY 23 RS BR 1472
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Standards Board and shall include research-based teaching strategies, 1
research on child and adolescent growth, knowledge of individual 2
differences, including teaching exceptional children, and methods of 3
classroom management. 4
(c) The candidate shall participate in the teacher internship program under KRS 5
161.030. After successful completion of the internship program, the candidate 6
shall receive a professional certificate and shall be subject to certificate 7
renewal requirements the same as other teachers with a professional 8
certificate. 9
(9) Option 8: Certification of a Teach for America participant to teach in elementary, 10
middle, or high schools. Nothing in this subsection shall conflict with the 11
participation criteria of the Teach for America program. An individual certified 12
under this subsection shall be issued a one (1) year provisional certificate. 13
(a) The candidate shall possess: 14
1. An offer of employment from a local school district; 15
2. A bachelor's degree; 16
3. A successful completion of the summer training institute and ongoing 17
professional development required by Teach for America, including 18
instruction in goal-oriented, standards-based instruction, diagnosing and 19
assessing students, lesson planning and instructional delivery, classroom 20
management, maximizing learning for diverse students, and teaching 21
methodologies; and 22
4. A passing score on the academic content assessment in the area in which 23
certification is being sought as designated by the Education Professional 24
Standards Board. 25
(b) The provisional certificate granted under paragraph (a) of this subsection may 26
be renewed two (2) times with a recommendation of the superintendent and 27 UNOFFICIAL COPY 23 RS BR 1472
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approval of the Education Professional Standards Board. 1
(c) A Teach for America participant who is approved for a second renewal of his 2
or her provisional certificate under paragraph (b) of this subsection may 3
participate in the teacher internship program under KRS 161.030. 4
(d) A Teach for America participant shall be issued a professional certificate 5
upon the participant's successful completion of the internship program and 6
assessments relating to teaching of subject matter required by the Education 7
Professional Standards Board under KRS 161.030. 8
(e) Notwithstanding any statute or administrative regulation to the contrary, a 9
teacher certified under this subsection shall have ten (10) years from the date 10
that the teacher successfully completed the internship program to complete a 11
master's degree or fifth year program, or the equivalent as specified by the 12
Education Professional Standards Board in administrative regulation. 13
(10) Option 9: Expedited certification of a person to teach at any grade level through a 14
cooperative program. With approval of the Education Professional Standards 15
Board, a college or university may partner with a school district to develop an 16
expedited certification program that results in a bachelor's degree and initial 17
certification within three (3) school years. 18
(a) The program shall: 19
1. Include a residency or paraprofessional component which employs the 20
person within the participating district for the duration of the program to 21
gain work experience to supplement the expedited program and reduced 22
coursework; 23
2. Utilize experienced teachers employed by the district to provide 24
coaching and to mentor the candidates; and 25
3. Be designed to meet the needs of the participating district and may 26
include an emphasis in developing a teacher pipeline for the district's 27 UNOFFICIAL COPY 23 RS BR 1472
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students, improving the numbers of underrepresented populations 1
among the district's workforce, or focusing on increasing the number of 2
teachers with certification areas that are in high demand. 3
(b) A school district entering into a cooperative partnership shall ensure the 4
availability of funding for each candidate employed within the district in the 5
residency or paraprofessional program for the duration of the candidate's 6
participation in the program. However, nothing in this subsection shall be 7
interpreted as requiring the district to continue employing the candidate 8
during the program or after the candidate has received initial certification. 9
(c) A person who has begun a traditional path or another option for certification 10
shall be eligible to transfer into this option if the person meets the program's 11
requirements. 12
(d) If a school district participating in a cooperative partnership determines to end 13
the partnership, the district shall no longer accept new candidates to the 14
program but shall continue the partnership until the district's employed 15
candidates for Option 9 certification complete the program or are no longer 16
employed by the district. 17
(11) A public school teacher certified under subsections (2) to (10) of this section shall 18
be placed on the local district salary schedule for the rank corresponding to the 19
degree held by the teacher. 20
(12) Subsections (1) to (3) of this section notwithstanding, a candidate who possesses 21
the following qualifications may receive certification for teaching programs for 22
exceptional students: 23
(a) An out-of-state license to teach exceptional students; 24
(b) A bachelor's or master's degree in the certification area or closely related area 25
for which certification is sought; and 26
(c) Successful completion of the teacher internship program requirement required 27 UNOFFICIAL COPY 23 RS BR 1472
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under KRS 161.030. 1
Section 7. KRS 160.380 is amended to read as follows: 2
(1) As used in this section: 3
(a) "Administrative finding of child abuse or neglect" means a substantiated 4
finding of child abuse or neglect issued by the Cabinet for Health and Family 5
Services that is: 6
1. Not appealed through an administrative hearing conducted in 7
accordance with KRS Chapter 13B; 8
2. Upheld at an administrative hearing conducted in accordance with KRS 9
Chapter 13B and not appealed to a Circuit Court; or 10
3. Upheld by a Circuit Court in an appeal of the results of an 11
administrative hearing conducted in accordance with KRS Chapter 13B; 12
(b) "Alternative education program" means a program that exists to meet the 13
needs of students that cannot be addressed in a traditional classroom setting 14
but through the assignment of students to alternative classrooms, centers, or 15
campuses that are designed to remediate academic performance, improve 16
behavior, or provide an enhanced learning experience. Alternative education 17
programs do not include career or technical centers or departments; 18
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 19
Services indicating that there are no administrative findings of child abuse or 20
neglect relating to a specific individual; 21
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 22
daughter; and 23
(e) "Vacancy" means any certified position opening created by the resignation, 24
dismissal, nonrenewal of contract, transfer, or death of a certified staff 25
member of a local school district, or a new position created in a local school 26
district for which certification is required. However, if an employer-employee 27 UNOFFICIAL COPY 23 RS BR 1472
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bargained contract contains procedures for filling certified position openings 1
created by the resignation, dismissal, nonrenewal of contract, transfer, or 2
death of a certified staff member, or creation of a new position for which 3
certification is required, a vacancy shall not exist, unless certified positions 4
remain open after compliance with those procedures. 5
(2) Except as provided in KRS 160.346, the school district personnel actions identified 6
in this section shall be carried out as follows: 7
(a) All appointments, promotions, and transfers of principals, supervisors, 8
teachers, and other public school employees shall be made only by the 9
superintendent of schools, who shall notify the board of the action taken. All 10
employees of the local district shall have the qualifications prescribed by law 11
and by the administrative regulations of the Kentucky Board of Education and 12
of the employing board. Supervisors, principals, teachers, and other 13
employees may be appointed by the superintendent for any school year at any 14
time after February 1 preceding the beginning of the school year. No 15
superintendent of schools shall appoint or transfer himself or herself to 16
another position within the school district; 17
(b) When a vacancy occurs in a local school district, the superintendent shall 18
submit the job posting to the statewide job posting system established in 19
Section 4 of this Act fifteen (15) days before the position shall be 20
filled[notify the chief state school officer fifteen (15) days before the position 21
shall be filled. The chief state school officer shall keep a registry of local 22
district vacancies which shall be made available to the public]. The local 23
school district shall post position openings in the local board office for public 24
viewing; 25
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 26
prevent disruption of necessary instructional or support services of the school 27 UNOFFICIAL COPY 23 RS BR 1472
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district, the superintendent may seek a waiver from the chief state school 1
officer. If the waiver is approved, the appointment shall not be made until the 2
person recommended for the position has been approved by the chief state 3
school officer. The chief state school officer shall respond to a district's 4
request for waiver or for approval of an appointment within two (2) working 5
days; and 6
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 7
search to locate minority teachers to be considered for the position. The 8
superintendent shall, pursuant to administrative regulations of the Kentucky 9
Board of Education, report annually the district's recruitment process and the 10
activities used to increase the percentage of minority teachers in the district. 11
(3) Restrictions on employment of relatives shall be as follows: 12
(a) No relative of a superintendent of schools shall be an employee of the school 13
district. However, this shall not apply to a relative who is a classified or 14
certified employee of the school district for at least thirty-six (36) months 15
prior to the superintendent assuming office and who is qualified for the 16
position the employee holds. A superintendent's spouse who has previously 17
been employed in a school system may be an employee of the school district. 18
A superintendent's spouse who is employed under this provision shall not hold 19
a position in which the spouse supervises certified or classified employees. A 20
superintendent's spouse may supervise teacher aides and student teachers. 21
However, the superintendent shall not promote a relative who continues 22
employment under an exception of this subsection; 23
(b) No superintendent shall employ a relative of a school board member of the 24
district; 25
(c) No principal's relative shall be employed in the principal's school; and 26
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 27 UNOFFICIAL COPY 23 RS BR 1472
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this subsection may be employed as a substitute for a certified or classified 1
employee if the relative is not: 2
1. A regular full-time or part-time employee of the district; 3
2. Accruing continuing contract status or any other right to continuous 4
employment; 5
3. Receiving fringe benefits other than those provided other substitutes or 6
4. Receiving preference in employment or assignment over other 7
substitutes. 8
(4) No superintendent shall assign a certified or classified staff person to an alternative 9
education program as part of any disciplinary action taken pursuant to KRS 161.011 10
or 161.790 as part of a corrective action plan established pursuant to the local 11
district evaluation plan. 12
(5) No superintendent shall initially employ in any position in the district any person 13
who is a violent offender or has been convicted of a sex crime as defined by KRS 14
17.165 which is classified as a felony or persons with an administrative finding of 15
child abuse or neglect in records maintained by the Cabinet for Health and Family 16
Services. The superintendent may employ, at his discretion, except at a Kentucky 17
Educational Collaborative for State Agency Children program, persons convicted of 18
sex crimes classified as a misdemeanor. 19
(6) Requirements for background checks shall be as follows: 20
(a) A superintendent shall require the following individuals to submit to a 21
national and state criminal background check by the Department of Kentucky 22
State Police and the Federal Bureau of Investigation and have a clear CA/N 23
check, provided by the individual: 24
1. Each new certified or classified hire; 25
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 26
161.185; 27 UNOFFICIAL COPY 23 RS BR 1472
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3. A student teacher; 1
4. A school-based decision making council parent member; and 2
5. Any adult who is permitted access to school grounds on a regularly 3
scheduled and continuing basis pursuant to a written agreement for the 4
purpose of providing services directly to a student or students as part of 5
a school-sponsored program or activity; 6
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 7
a. Classified and certified individuals employed by the school district 8
prior to June 27, 2019; 9
b. Certified individuals who were employed in another certified 10
position in a Kentucky school district within six (6) months of the 11
date of hire and who had previously submitted to a national and 12
state criminal background check and who have a clear CA/N check 13
for the previous employment; or 14
c. Student teachers who have submitted to and provide a copy of a 15
national and state criminal background check by the Department 16
of Kentucky State Police and the Federal Bureau of Investigation 17
through an accredited teacher education institution in which the 18
student teacher is enrolled and who have a clear CA/N check. 19
2. The Education Professional Standards Board may promulgate 20
administrative regulations to impose additional qualifications to meet 21
the requirements of Public Law 92-544; 22
(c) A parent member may serve prior to the receipt of the criminal history 23
background check and CA/N letter required by paragraph (a) of this 24
subsection but shall be removed from the council on receipt by the school 25
district of a report documenting a record of abuse or neglect, or a sex crime or 26
criminal offense against a victim who is a minor as defined in KRS 17.500, or 27 UNOFFICIAL COPY 23 RS BR 1472
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as a violent offender as defined in KRS 17.165, and no further procedures 1
shall be required; and 2
(d) A superintendent may require a volunteer or a visitor to submit to a national 3
and state criminal history background check by the Department of Kentucky 4
State Police and the Federal Bureau of Investigation and have a clear CA/N 5
check, provided by the individual. 6
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 7
vacancy occurs during a school term, a superintendent may employ an 8
individual, who will have supervisory or disciplinary authority over minors, 9
on probationary status pending receipt of the criminal history background 10
check and a clear CA/N check, provided by the individual. Application for the 11
criminal record and a request for a clear CA/N check of a probationary 12
employee shall be made no later than the date probationary employment 13
begins. 14
(b) Employment shall be contingent on the receipt of the criminal history 15
background check documenting that the probationary employee has no record 16
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 17
of a letter, provided by the individual, from the Cabinet for Health and Family 18
Services stating the employee is clear to hire based on no administrative 19
findings of child abuse or neglect found through a background check of child 20
abuse and neglect records maintained by the Cabinet for Health and Family 21
Services. 22
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 23
probationary employment under this section shall terminate on receipt by the 24
school district of a criminal history background check documenting a record 25
of a sex crime or as a violent offender as defined in KRS 17.165 and no 26
further procedures shall be required. 27 UNOFFICIAL COPY 23 RS BR 1472
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(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 1
employee on the basis of a criminal record other than a record of a sex crime or as a 2
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 3
showing an administrative finding of child abuse or neglect. 4
(9) (a) All fingerprints requested under this section shall be on an applicant 5
fingerprint card provided by the Department of Kentucky State Police. The 6
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 7
from the Department of Kentucky State Police after a state criminal 8
background check is conducted. The results of the state and federal criminal 9
background check shall be sent to the hiring superintendent. Any fee charged 10
by the Department of Kentucky State Police, the Federal Bureau of 11
Investigation, and the Cabinet for Health and Family Services shall be an 12
amount no greater than the actual cost of processing the request and 13
conducting the search. 14
(b) Each application form, provided by the employer to an applicant for a 15
certified or classified position, shall conspicuously state the following: "FOR 16
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 17
AND STATE CRIMINAL HISTORY BACKGROUND CHEC K AND A 18
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 19
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 20
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 21
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 22
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 23
FOR HEALTH AND FAMILY SERVICES." 24
(c) Each application form for a district position shall require the applicant to: 25
1. Identify the states in which he or she has maintained residency, 26
including the dates of residency; and 27 UNOFFICIAL COPY 23 RS BR 1472
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2. Provide picture identification. 1
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 2
when an employee of the school district is charged with any offense which is 3
classified as a felony, the superintendent may transfer the employee to a second 4
position until such time as the employee is found not guilty, the charges are 5
dismissed, the employee is terminated, or the superintendent determines that further 6
personnel action is not required. The employee shall continue to be paid at the same 7
rate of pay he or she received prior to the transfer. If an employee is charged with 8
an offense outside of the Commonwealth, this provision may also be applied if the 9
charge would have been treated as a felony if committed within the 10
Commonwealth. Transfers shall be made to prevent disruption of the educational 11
process and district operations and in the interest of students and staff and shall not 12
be construed as evidence of misconduct. 13
(11) Notwithstanding any law to the contrary, each certified and classified employee of 14
the school district shall notify the superintendent if he or she has been found by the 15
Cabinet for Health and Family Services to have abused or neglected a child, and if 16
he or she has waived the right to appeal a substantiated finding of child abuse or 17
neglect or if the substantiated incident was upheld upon appeal. Any failure to 18
report this finding shall result in the certified or classified employee being subject 19
to dismissal or termination. 20
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 21
Health and Family Services Web site. 22
Section 8. The Kentucky Department of Education is hereby directed to expand 23
the GoTeachKY Ambassador program established by the department for recruiting the 24
next generation of teachers in Kentucky to each of the school districts in the 25
Commonwealth. As funds are available, the department shall identify an ambassador for 26
the program in each district; however, in districts with a 2021-2022 adjusted average 27 UNOFFICIAL COPY 23 RS BR 1472
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daily attendance of 30,000 or more, there shall be at least two ambassadors identified. 1
Section 9. The Kentucky Department of Education's Office of Educator 2
Licensure and Effectiveness shall undertake a review of the alternative pathway teacher 3
certification options and processes and the level of participation in each to identify areas 4
for improvement including but not limited to duplication, inefficiencies, and unnecessary 5
or outdated requirements that cause barriers to candidates and option providers seeking to 6
use alternative teacher pathways to fill needed teacher shortages. The department's review 7
shall include applicable statutes, administrative regulations, and board and internal 8
policies. The department shall present its findings to the Interim Joint Committee on 9
Education by October 1, 2023. 10