Kentucky 2024 Regular Session

Kentucky House Bill HB272 Latest Draft

Bill / Chaptered Version

                            CHAPTER 202 
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CHAPTER 202 
( HB 272 ) 
AN ACT relating to abandoned infants. 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 
Section 1.   KRS 405.075 is amended to read as follows: 
(1) As used in this section: 
(a) "Newborn infant" means an infant who is medically determined to be less than thirty (30) days old; 
(b) "Newborn safety device" means a device: 
1. Designed to permit a parent to anonymously place a newborn infant in the device with the intent 
to leave the newborn and for an emergency medical services provider to remove the newborn 
from the device and take custody of the newborn infant; 
2. Installed with an adequate dual alarm system connected to the physical location where the device 
is physically installed. The dual alarm system shall be: 
a. Tested at least one (1) time per month to ensure the alarm system is in working order; and 
b. Visually checked at least two (2) times per day to ensure the alarm system is in working 
order; 
3. Approved by and physically located inside a participating staffed Class I, Class II, Class III, or 
Class IV ground ambulance provider, staffed police station, staffed fire station, or staffed 
hospital that: 
a. Is licensed or otherwise legally operating in this state; and 
b. Is staffed continuously on a twenty-four (24) hour basis every day by a licensed 
emergency medical services provider except when all licensed emergency medical 
services providers are temporarily off-site providing emergency medical services as 
defined in KRS 311A.010; and 
4. Located in an area that is conspicuous and visible to Class I, Class II, Class III, or Class IV 
ground ambulance provider, police station, fire station, or hospital staff; and 
(c) "Participating place of worship" means a recognized place of religious worship that has voluntarily 
agreed to perform the duty granted in this section and display signage prominently on its premises 
regarding its participation in this section and its operating hours during which staff will be present. 
(2) A parent shall have the right to remain anonymous, shall not be pursued, and shall not be considered to have 
abandoned or endangered a newborn infant under KRS Chapters 508 and 530 if the parent: 
(a) Places a newborn infant: 
1. With an emergency medical services provider; 
2. At a staffed police station, fire station, or hospital; 
3. At a participating place of worship; or 
4. Inside a newborn safety device that meets the requirements of subsection (1) of this section; and 
(b) Expresses no intent to return for the newborn infant. 
(3) (a) Any emergency medical services provider, police officer, or firefighter who accepts physical custody of 
a newborn infant, or who physically retrieves a newborn infant from a newborn safety device that meets 
the requirements of subsection (1) of this section, in accordance with this section shall immediately 
arrange for the infant to be taken to the nearest hospital emergency room and shall have implied consent 
to any and all appropriate medical treatment.  ACTS OF THE GENERAL ASSEMBLY 2 
(b) Any staff member at a participating place of worship who accepts physical custody of a newborn infant 
in accordance with this section shall immediately contact the 911 emergency telephone service as set 
forth in KRS 65.750 to 65.760, wireless enhanced 911 system as set forth in KRS 65.7621 to 65.7643, 
or emergency medical services as set forth in KRS Chapter 311A for transportation to the nearest 
hospital emergency room. 
(4) By placing a newborn infant in the manner described in this section, the parent: 
(a) Waives the right to notification required by subsequent court proceedings conducted under KRS 
Chapter 620 until such time as a claim of parental rights is made; and 
(b) Waives legal standing to make a claim of action against any person who accepts physical custody of the 
newborn infant. 
(5) A staffed police station, fire station, hospital, emergency medical facility, or participating place of worship 
may post a sign easily seen by the public stating that: "This facility is a safe and legal place to surrender a 
newborn infant who is less than 30 days old. A parent who places a newborn infant at this facility and 
expresses no intent to return for the infant shall have the right to remain anonymous and not be pursued and 
shall not be considered to have abandoned or endangered their newborn infant under KRS Chapters 508 and 
530." 
(6) Actions taken by an emergency medical services provider, police officer, firefighter, or staff member at a 
participating place of worship in conformity with the duty granted in this section shall be immune from 
criminal or civil liability. Nothing in this subsection shall limit liability for negligence. 
(7) The provisions of subsection (2) of this section shall not apply when indicators of child physical abuse or child 
neglect are present. 
(8) KRS 211.951, 216B.190, 405.075, 620.350, and 620.355 shall be known as "The Representative Thomas J. 
Burch Safe Infants Act." 
Section 2.   KRS 156.095 is amended to read as follows: 
(1) The Kentucky Department of Education shall establish, direct, and maintain a statewide program of 
professional development to improve instruction in the public schools. 
(2) Each local school district superintendent shall appoint a certified school employee to fulfill the role and 
responsibilities of a professional development coordinator who shall disseminate professional development 
information to schools and personnel. Upon request by a school council or any employees of the district, the 
coordinator shall provide technical assistance to the council or the personnel that may include assisting with 
needs assessments, analyzing school data, planning and evaluation assistance, organizing districtwide 
programs requested by school councils or groups of teachers, or other coordination activities. 
(a) The manner of appointment, qualifications, and other duties of the professional development 
coordinator shall be established by Kentucky Board of Education through promulgation of 
administrative regulations. 
(b) The local district professional development coordinator shall participate in the Kentucky Department of 
Education annual training program for local school district professional development coordinators. The 
training program may include, but not be limited to, the demonstration of various approaches to needs 
assessment and planning; strategies for implementing long-term, school-based professional 
development; strategies for strengthening teachers' roles in the planning, development, and evaluation 
of professional development; and demonstrations of model professional development programs. The 
training shall include information about teacher learning opportunities relating to the core content 
standards. The Kentucky Department of Education shall regularly collect and distribute this 
information. 
(3) The Kentucky Department of Education shall provide or facilitate optional, professional development 
programs for certified personnel throughout the Commonwealth that are based on the statewide needs of 
teachers, administrators, and other education personnel. Programs may include classified staff and parents 
when appropriate. Programs offered or facilitated by the department shall be at locations and times convenient 
to local school personnel and shall be made accessible through the use of technology when appropriate. They 
shall include programs that: address the goals for Kentucky schools as stated in KRS 158.6451, including 
reducing the achievement gaps as determined by an equity analysis of the disaggregated student performance 
data from the state assessment program developed under KRS 158.6453; engage educators in effective  CHAPTER 202 
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learning processes and foster collegiality and collaboration; and provide support for staff to incorporate newly 
acquired skills into their work through practicing the skills, gathering information about the results, and 
reflecting on their efforts. Professional development programs shall be made available to teachers based on 
their needs which shall include but not be limited to the following areas: 
(a) Strategies to reduce the achievement gaps among various groups of students and to provide continuous 
progress; 
(b) Curriculum content and methods of instruction for each content area, including differentiated 
instruction; 
(c) School-based decision making; 
(d) Assessment literacy; 
(e) Integration of performance-based student assessment into daily classroom instruction; 
(f) Nongraded primary programs; 
(g) Research-based instructional practices; 
(h) Instructional uses of technology; 
(i) Curriculum design to serve the needs of students with diverse learning styles and skills and of students 
of diverse cultures; 
(j) Instruction in reading, including phonics, phonemic awareness, comprehension, fluency, and 
vocabulary; 
(k) Educational leadership; and 
(l) Strategies to incorporate character education throughout the curriculum. 
(4) The department shall assist school personnel in assessing the impact of professional development on their 
instructional practices and student learning. 
(5) The department shall assist districts and school councils with the development of long-term school and district 
improvement plans that include multiple strategies for professional development based on the assessment of 
needs at the school level. 
(a) Professional development strategies may include but are not limited to participation in subject matter 
academies, teacher networks, training institutes, workshops, seminars, and study groups; collegial 
planning; action research; mentoring programs; appropriate university courses; and other forms of 
professional development. 
(b) In planning the use of the four (4) days for professional development under KRS 158.070, school 
councils and districts shall give priority to programs that increase teachers' understanding of curriculum 
content and methods of instruction appropriate for each content area based on individual school plans. 
The district may use up to one (1) day to provide district-wide training and training that is mandated by 
state or federal law. Only those employees identified in the mandate or affected by the mandate shall be 
required to attend the training. 
(c) State funds allocated for professional development shall be used to support professional development 
initiatives that are consistent with local school improvement and professional development plans and 
teachers' individual growth plans. The funds may be used throughout the year for all staff, including 
classified and certified staff and parents on school councils or committees. A portion of the funds 
allocated to each school council under KRS 160.345 may be used to prepare or enhance the teachers' 
knowledge and teaching practices related to the content and subject matter that are required for their 
specific classroom assignments. 
(6) (a) [By August 1, 2010, ]the Kentucky Cabinet for Health and Family Services shall post on its web page 
suicide prevention awareness information, to include recognizing the warning signs of a suicide crisis. 
The web page shall include information related to suicide prevention training opportunities offered by 
the cabinet or an agency recognized by the cabinet as a training provider. 
(b) By September 15 of each year, every public school shall provide suicide prevention awareness 
information in person, by live streaming, or via a video recording to all students in grades six (6)  ACTS OF THE GENERAL ASSEMBLY 4 
through twelve (12). The information may be obtained from the Cabinet for Health and Family Services 
or from a commercially developed suicide prevention training program. 
(c) 1. Beginning with the 2018-2019 school year, and every year thereafter, a minimum of one (1) hour 
of high-quality suicide prevention training, including the recognition of signs and symptoms of 
possible mental illness, shall be required for all school district employees with job duties 
requiring direct contact with students in grades six (6) through twelve (12). The training shall be 
provided either in person, by live streaming, or via a video recording and may be included in the 
four (4) days of professional development under KRS 158.070. 
2. When a staff member subject to the training under subparagraph 1. of this paragraph is initially 
hired during a school year in which the training is not required, the local district shall provide 
suicide prevention materials to the staff member for review. 
(d) The requirements of paragraphs (b) and (c) of this subsection shall apply to public charter schools as a 
health and safety requirement under KRS 160.1592(1). 
(7) (a) By November 1, 2019, and November 1 of each year thereafter, a minimum of one (1) hour of training 
on how to respond to an active shooter situation shall be required for all school district employees with 
job duties requiring direct contact with students. The training shall be provided either in person, by live 
streaming, or via a video recording prepared by the Kentucky Department of Criminal Justice Training 
in collaboration with the Kentucky Law Enforcement Council, the Kentucky Department of Education, 
and the Center for School Safety and may be included in the four (4) days of professional development 
under KRS 158.070. 
(b) When a staff member subject to the training requirements of this subsection is initially hired after the 
training has been provided for the school year, the local district shall provide materials on how to 
respond to an active shooter situation. 
(c) The requirements of this subsection shall also apply to public charter schools as a health and safety 
requirement under KRS 160.1592(1). 
(8) (a) The Kentucky Department of Education shall develop and maintain a list of approved comprehensive 
evidence-informed trainings on child abuse and neglect prevention, recognition, and reporting that 
encompass child physical, sexual, and emotional abuse and neglect. 
(b) The trainings shall be web-based or in-person and cover, at a minimum, the following topics: 
1. Recognizing child physical, sexual, and emotional abuse and neglect; 
2. Reporting suspected child abuse and neglect in Kentucky as required by KRS 620.030 and the 
appropriate documentation; 
3. Responding to the child; and 
4. Understanding the response of child protective services. 
(c) The trainings shall include a questionnaire or other basic assessment tool upon completion to document 
basic knowledge of training components. 
(d) Each local board of education shall adopt one (1) or more trainings from the list approved by the 
Department of Education to be implemented by schools. 
(e) All current school administrators, certified personnel, office staff, instructional assistants, and coaches 
and extracurricular sponsors who are employed by the school district shall complete the implemented 
training or trainings by January 31, 2017, and then every two (2) years after. 
(f) All school administrators, certified personnel, office staff, instructional assistants, and coaches and 
extracurricular sponsors who are employed by the school district hired after January 31, 2017, shall 
complete the implemented training or trainings within ninety (90) days of being hired and then every 
two (2) years after. 
(g) Every public school shall prominently display the statewide child abuse hotline number administered by 
the Cabinet for Health and Family Services, [and ]the National Human Trafficking Reporting Hotline 
number administered by the United States Department for Health and Human Services, and the Safe 
Haven Baby Boxes Crisis Line number administered by the Safe Haven Baby Boxes national 
organization or any equivalent successor entity.  CHAPTER 202 
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(9) The Department of Education shall establish an electronic consumer bulletin board that posts information 
regarding professional development providers and programs as a service to school district central office 
personnel, school councils, teachers, and administrators. Participation on the electronic consumer bulletin 
board shall be voluntary for professional development providers or vendors, but shall include all programs 
sponsored by the department. Participants shall provide the following information: program title; name of 
provider or vendor; qualifications of the presenters or instructors; objectives of the program; program length; 
services provided, including follow-up support; costs for participation and costs of materials; names of 
previous users of the program, addresses, and telephone numbers; and arrangements required. Posting 
information on the bulletin board by the department shall not be viewed as an endorsement of the quality of 
any specific provider or program. 
(10) The Department of Education shall provide training to address the characteristics and instructional needs of 
students at risk of school failure and most likely to drop out of school. The training shall be developed to meet 
the specific needs of all certified and classified personnel depending on their relationship with these students. 
The training for instructional personnel shall be designed to provide and enhance skills of personnel to: 
(a) Identify at-risk students early in elementary schools as well as at-risk and potential dropouts in the 
middle and high schools; 
(b) Plan specific instructional strategies to teach at-risk students; 
(c) Improve the academic achievement of students at risk of school failure by providing individualized and 
extra instructional support to increase expectations for targeted students; 
(d) Involve parents as partners in ways to help their children and to improve their children's academic 
progress; and 
(e) Significantly reduce the dropout rate of all students. 
(11) The department shall establish teacher academies to the extent funding is available in cooperation with 
postsecondary education institutions for elementary, middle school, and high school faculty in core disciplines, 
utilizing facilities and faculty from universities and colleges, local school districts, and other appropriate 
agencies throughout the state. Priority for participation shall be given to those teachers who are teaching core 
discipline courses for which they do not have a major or minor or the equivalent. Participation of teachers shall 
be voluntary. 
(12) The department shall annually provide to the oversight council established in KRS 15A.063, the information 
received from local schools pursuant to KRS 158.449. 
Signed by Governor April 17, 2024.