UNOFFICIAL COPY 24 RS HB 275/GA
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AN ACT relating to misconduct in schools and school-sponsored activities. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 3
READ AS FOLLOWS: 4
A public school district or public charter school shall not enter into a nondisclosure 5
agreement relating to misconduct involving a minor or student, including abusive 6
conduct as defined in Section 2 of this Act. 7
Section 2. KRS 160.380 is amended to read as follows: 8
(1) As used in this section: 9
(a) "Abusive conduct" means misconduct involving a minor or student, 10
including sexual misconduct and conduct subject to mandatory reporting 11
under KRS 620.030; 12
(b) "Administrative finding of child abuse or neglect" means a substantiated 13
finding of child abuse or neglect issued by the Cabinet for Health and Family 14
Services that is: 15
1. Not appealed through an administrative hearing conducted in 16
accordance with KRS Chapter 13B; 17
2. Upheld at an administrative hearing conducted in accordance with KRS 18
Chapter 13B and not appealed to a Circuit Court; or 19
3. Upheld by a Circuit Court in an appeal of the results of an 20
administrative hearing conducted in accordance with KRS Chapter 13B; 21
(c)[(b)] "Alternative education program" means a program that exists to meet 22
the needs of students that cannot be addressed in a traditional classroom 23
setting but through the assignment of students to alternative classrooms, 24
centers, or campuses that are designed to remediate academic performance, 25
improve behavior, or provide an enhanced learning experience. Alternative 26
education programs do not include career or technical centers or departments; 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(d)[(c)] "Clear CA/N check" means a letter from the Cabinet for Health and 1
Family Services indicating that there are no administrative findings of child 2
abuse or neglect relating to a specific individual; 3
(e)[(d)] "Relative" means father, mother, brother, sister, husband, wife, son, and 4
daughter; and 5
(f)[(e)] "Vacancy" means any certified position opening created by the 6
resignation, dismissal, nonrenewal of contract, transfer, or death of a certified 7
staff member of a local school district, or a new position created in a local 8
school district for which certification is required. However, if an employer-9
employee bargained contract contains procedures for filling certified position 10
openings created by the resignation, dismissal, nonrenewal of contract, 11
transfer, or death of a certified staff member, or creation of a new position for 12
which certification is required, a vacancy shall not exist, unless certified 13
positions remain open after compliance with those procedures. 14
(2) Except as provided in KRS 160.346, the school district personnel actions identified 15
in this section shall be carried out as follows: 16
(a) All appointments, promotions, and transfers of principals, supervisors, 17
teachers, and other public school employees shall be made only by the 18
superintendent of schools, who shall notify the board of the action taken. All 19
employees of the local district shall have the qualifications prescribed by law 20
and by the administrative regulations of the Kentucky Board of Education and 21
of the employing board. Supervisors, principals, teachers, and other 22
employees may be appointed by the superintendent for any school year at any 23
time after February 1 preceding the beginning of the school year. No 24
superintendent of schools shall appoint or transfer himself or herself to 25
another position within the school district; 26
(b) When a vacancy occurs in a local school district, the superintendent shall 27 UNOFFICIAL COPY 24 RS HB 275/GA
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submit the job posting to the statewide job posting system described in KRS 1
160.152 fifteen (15) days before the position shall be filled. The local school 2
district shall post position openings in the local board office for public 3
viewing; 4
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 5
prevent disruption of necessary instructional or support services of the school 6
district, the superintendent may seek a waiver from the chief state school 7
officer. If the waiver is approved, the appointment shall not be made until the 8
person recommended for the position has been approved by the chief state 9
school officer. The chief state school officer shall respond to a district's 10
request for waiver or for approval of an appointment within two (2) working 11
days; and 12
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 13
search to locate minority teachers to be considered for the position. The 14
superintendent shall, pursuant to administrative regulations of the Kentucky 15
Board of Education, report annually the district's recruitment process and the 16
activities used to increase the percentage of minority teachers in the district. 17
(3) Restrictions on employment of relatives shall be as follows: 18
(a) No relative of a superintendent of schools shall be an employee of the school 19
district. However, this shall not apply to a relative who is a classified or 20
certified employee of the school district for at least thirty-six (36) months 21
prior to the superintendent assuming office and who is qualified for the 22
position the employee holds. A superintendent's spouse who has previously 23
been employed in a school system may be an employee of the school district. 24
A superintendent's spouse who is employed under this provision shall not hold 25
a position in which the spouse supervises certified or classified employees. A 26
superintendent's spouse may supervise teacher aides and student teachers. 27 UNOFFICIAL COPY 24 RS HB 275/GA
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However, the superintendent shall not promote a relative who continues 1
employment under an exception of this subsection; 2
(b) No superintendent shall employ a relative of a school board member of the 3
district; 4
(c) No principal's relative shall be employed in the principal's school; and 5
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 6
this subsection may be employed as a substitute for a certified or classified 7
employee if the relative is not: 8
1. A regular full-time or part-time employee of the district; 9
2. Accruing continuing contract status or any other right to continuous 10
employment; 11
3. Receiving fringe benefits other than those provided other substitutes; or 12
4. Receiving preference in employment or assignment over other 13
substitutes. 14
(4) No superintendent shall assign a certified or classified staff person to an alternative 15
education program as part of any disciplinary action taken pursuant to KRS 161.011 16
or 161.790 as part of a corrective action plan established pursuant to the local 17
district evaluation plan. 18
(5) No superintendent shall initially employ in any position in the district any person 19
who is a violent offender or has been convicted of a sex crime as defined by KRS 20
17.165 which is classified as a felony or persons with an administrative finding of 21
child abuse or neglect in records maintained by the Cabinet for Health and Family 22
Services. The superintendent may employ, at his or her discretion, except at a 23
Kentucky Educational Collaborative for State Agency Children program, persons 24
convicted of sex crimes classified as a misdemeanor. 25
(6) (a) Each application for a district position shall require the applicant to: 26
1. Disclose being the subject of any allegation, investigation, or 27 UNOFFICIAL COPY 24 RS HB 275/GA
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disciplinary action within the past twelve (12) months, and any 1
resulting resignation or termination, related to abusive conduct while 2
employed by a school district; and 3
2. Consent to a reference check under paragraph (b) of this subsection 4
and a request for information under paragraph (c) of this subsection. 5
(b) 1. A school district considering an applicant for employment shall 6
contact each school district, school, or nonpublic school that employs 7
or previously employed the applicant for a reference check. 8
2. A school district, school, or nonpublic school that previously employed 9
or employs the applicant shall disclose any allegation, investigation, or 10
disciplinary action, and any resulting resignation or termination, 11
related to abusive conduct while the applicant was employed by the 12
school or school district. 13
3. A school district or nonpublic school, and any school employees, 14
making a disclosure pursuant to this paragraph of any allegation, 15
investigation, or disciplinary action, and any resulting resignation or 16
termination, shall be immune from any civil or criminal liability that 17
might otherwise be incurred or imposed as a result of: 18
a. Making the disclosure; or 19
b. Participating in any judicial proceeding that may result from 20
making the disclosure. 21
(c) Upon disclosure of an allegation, investigation, or disciplinary action 22
involving abusive conduct by an applicant under paragraph (a) of this 23
subsection or a current or previous employer under paragraph (b) of this 24
subsection, the school district considering the applicant for employment 25
shall: 26
1. Request all related information and records from the school district or 27 UNOFFICIAL COPY 24 RS HB 275/GA
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nonpublic school that previously employed or employs the applicant; 1
and 2
2. If the application is for a certified position, request information from 3
the Education Professional Standards Board related to pending 4
disciplinary action against the applicant involving abusive conduct. 5
(d) Upon request from a school district under paragraph (c) of this subsection, 6
the school district or nonpublic school of previous or current employment or 7
the Educational Professional Standards Board shall provide the requested 8
information, if applicable, within ten (10) working days. 9
(e) Any failure to disclose under paragraph (a)1. of this subsection by an 10
applicant shall result in the applicant being: 11
1. Ineligible for hire by the school district; and 12
2. Subject to dismissal or termination if the applicant is hired by the 13
school district or is a current employee of the school district. 14
(f) The Education Professional Standards Board shall implement procedures 15
for responding to a school district upon receiving an inquiry described in 16
paragraphs (c) and (d) of this subsection. 17
(7) Requirements for background checks shall be as follows: 18
(a) A superintendent shall require the following individuals to submit to a 19
national and state criminal background check by the Department of Kentucky 20
State Police and the Federal Bureau of Investigation and have a clear CA/N 21
check, provided by the individual: 22
1. Each new certified or classified hire; 23
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 24
161.185; 25
3. A student teacher; 26
4. A school-based decision making council parent member; and 27 UNOFFICIAL COPY 24 RS HB 275/GA
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5. Any adult who is permitted access to school grounds on a regularly 1
scheduled and continuing basis pursuant to a written agreement for the 2
purpose of providing services directly to a student or students as part of 3
a school-sponsored program or activity; 4
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 5
a. Classified and certified individuals employed by the school district 6
prior to June 27, 2019; 7
b. Certified individuals who were employed in another certified 8
position in a Kentucky school district within six (6) months of the 9
date of hire and who had previously submitted to a national and 10
state criminal background check and who have a clear CA/N check 11
for the previous employment; or 12
c. Student teachers who have submitted to and provide a copy of a 13
national and state criminal background check by the Department 14
of Kentucky State Police and the Federal Bureau of Investigation 15
through an accredited teacher education institution in which the 16
student teacher is enrolled and who have a clear CA/N check. 17
2. The Education Professional Standards Board may promulgate 18
administrative regulations to impose additional qualifications to meet 19
the requirements of Pub. L. No.[Public Law] 92-544; 20
(c) A parent member may serve prior to the receipt of the criminal history 21
background check and CA/N letter required by paragraph (a) of this 22
subsection but shall be removed from the council on receipt by the school 23
district of a report documenting a record of abuse or neglect, or a sex crime or 24
criminal offense against a victim who is a minor as defined in KRS 17.500, or 25
as a violent offender as defined in KRS 17.165, and no further procedures 26
shall be required;[ and] 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(d) A superintendent may require a volunteer or a visitor to submit to a national 1
and state criminal history background check by the Department of 2
Kentucky State Police and the Federal Bureau of Investigation and have 3
a clear CA/N check, provided by the individual; and 4
(e) 1. Every five (5) years from the year an individual was required to submit 5
to a national and state criminal history background check under 6
paragraph (a) of this subsection, a superintendent shall require the 7
individual to submit to a state criminal records check. 8
2. The request for records may be from the Justice and Public Safety 9
Cabinet or the Administrative Office of the Courts, or both, and shall 10
include records of all available convictions as described in KRS 11
17.160(1). 12
3. Any request for a criminal records check under this paragraph shall 13
be on a form or through a process approved by the Justice and Public 14
Safety Cabinet or the Administrative Office of the Courts. 15
4. Any fee charged by the Justice and Public Safety Cabinet or the 16
Administrative Office of the Courts shall be an amount no greater 17
than the actual cost of processing the request and conducting the 18
search. 19
(8)[(7)] (a) If a certified or classified position remains unfilled after July 31 or if a 20
vacancy occurs during a school term, a superintendent may employ an 21
individual, who will have supervisory or disciplinary authority over minors, 22
on probationary status pending receipt of the criminal history background 23
check and a clear CA/N check, provided by the individual. Application for the 24
criminal record and a request for a clear CA/N check of a probationary 25
employee shall be made no later than the date probationary employment 26
begins. 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(b) Employment shall be contingent on the receipt of the criminal history 1
background check documenting that the probationary employee has no record 2
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 3
of a letter, provided by the individual, from the Cabinet for Health and Family 4
Services stating the employee is clear to hire based on no administrative 5
findings of child abuse or neglect found through a background check of child 6
abuse and neglect records maintained by the Cabinet for Health and Family 7
Services. 8
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 9
probationary employment under this section shall terminate on receipt by the 10
school district of a criminal history background check documenting a record 11
of a sex crime or as a violent offender as defined in KRS 17.165 and no 12
further procedures shall be required. 13
(9)[(8)] The provisions of KRS 161.790 shall apply to terminate employment of a 14
certified employee on the basis of a criminal record other than a record of a sex 15
crime or as a violent offender as defined in KRS 17.165, or on the basis of a CA/N 16
check showing an administrative finding of child abuse or neglect. 17
(10)[(9)] (a) All fingerprints requested under this section shall be on an applicant 18
fingerprint card provided by the Department of Kentucky State Police. The 19
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 20
from the Department of Kentucky State Police after a state criminal 21
background check is conducted. The results of the state and federal criminal 22
background check shall be sent to the hiring superintendent. Any fee charged 23
by the Department of Kentucky State Police, the Federal Bureau of 24
Investigation, and the Cabinet for Health and Family Services shall be an 25
amount no greater than the actual cost of processing the request and 26
conducting the search. 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(b) Each application form, provided by the employer to an applicant for a 1
certified or classified position, shall conspicuously state the following: "FOR 2
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 3
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 4
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 5
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 6
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 7
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 8
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 9
FOR HEALTH AND FAMILY SERVICES." 10
(c) Each application form for a district position shall require the applicant to: 11
1. Identify the states in which he or she has maintained residency, 12
including the dates of residency;[ and] 13
2. Provide picture identification; and 14
3. List each nonpublic school and school district in which the applicant 15
has been employed, including the dates of employment. 16
(11) (a) When an allegation of abusive conduct is made against a school district 17
employee, the school district employee receiving the allegation, whether 18
communicated in writing, electronically, or orally, shall report the 19
allegation to the school principal and as required by KRS 620.030. The 20
principal shall document the allegation and notify the superintendent. An 21
investigation of the allegation shall be conducted by the school district until 22
completion and shall not end prior to completion due to the employee 23
transferring positions within the school district or leaving the school 24
district. 25
(b) Notwithstanding Section 6 of this Act, all records and references relating to 26
an allegation of abusive conduct by a school district employee with a 27 UNOFFICIAL COPY 24 RS HB 275/GA
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student or minor shall be included and remain in an employee's personnel 1
file until completion of an investigation. If, after completion of an 2
investigation, the allegation is determined to be false, all records and 3
references relating to the allegation shall be removed from the employee's 4
personnel file. 5
(12)[(10)] Notwithstanding any provision of the Kentucky Revised Statutes to the 6
contrary, when an employee of the school district is charged with any offense which 7
is classified as a felony, the superintendent may transfer the employee to a second 8
position until such time as the employee is found not guilty, the charges are 9
dismissed, the employee is terminated, or the superintendent determines that further 10
personnel action is not required. The employee shall continue to be paid at the same 11
rate of pay he or she received prior to the transfer. If an employee is charged with 12
an offense outside of the Commonwealth, this provision may also be applied if the 13
charge would have been treated as a felony if committed within the 14
Commonwealth. Transfers shall be made to prevent disruption of the educational 15
process and district operations and in the interest of students and staff and shall not 16
be construed as evidence of misconduct. 17
(13)[(11)] Notwithstanding any law to the contrary, each certified and classified 18
employee of the school district shall notify the superintendent if he or she has been 19
found by the Cabinet for Health and Family Services to have abused or neglected a 20
child, and if he or she has waived the right to appeal a substantiated finding of child 21
abuse or neglect or if the substantiated incident was upheld upon appeal. Any 22
failure to report this finding shall result in the certified or classified employee being 23
subject to dismissal or termination. 24
(14)[(12)] The form for requesting a CA/N check shall be made available on the Cabinet 25
for Health and Family Services website. 26
(15) Subsections (1) and (5) to (14) of this section shall apply to public charter schools 27 UNOFFICIAL COPY 24 RS HB 275/GA
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as a health and safety requirement under KRS 160.1592(1). 1
Section 3. KRS 156.160 is amended to read as follows: 2
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 3
Board of Education shall promulgate administrative regulations establishing 4
standards which school districts shall meet in student, program, service, and 5
operational performance. These regulations shall comply with the expected 6
outcomes for students and schools set forth in KRS 158.6451. Administrative 7
regulations shall be promulgated for the following: 8
(a) Courses of study for the different grades and kinds of common schools 9
identifying the common curriculum content directly tied to the goals, 10
outcomes, and assessment strategies developed under KRS 158.645, 11
158.6451, and 158.6453 and distributed to local school districts and schools. 12
The administrative regulations shall provide that: 13
1. If a school offers American sign language, the course shall be accepted 14
as meeting the foreign language requirements in common schools 15
notwithstanding other provisions of law; 16
2. If a school offers the Reserve Officers Training Corps program, the 17
course shall be accepted as meeting the physical education requirement 18
for high school graduation notwithstanding other provisions of law; and 19
3. Every public middle and high school's curriculum shall include 20
instruction on the Holocaust and other cases of genocide, as defined by 21
the United Nations Convention on the Prevention and Punishment of the 22
Crime of Genocide, that a court of competent jurisdiction, whether a 23
court in the United States or the International Court of Justice, has 24
determined to have been committed by applying rigorous standards of 25
due process; 26
(b) Courses of study or educational experiences available to students in all middle 27 UNOFFICIAL COPY 24 RS HB 275/GA
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and high schools to fulfill the prerequisites for courses in advanced science 1
and mathematics as defined in KRS 158.845; 2
(c) The acquisition and use of educational equipment for the schools as 3
recommended by the Council for Education Technology; 4
(d) The minimum requirements for high school graduation in light of the 5
expected outcomes for students and schools set forth in KRS 158.6451. The 6
minimum requirements shall not include achieving any postsecondary 7
readiness indicator as described in KRS 158.6455 or any minimum score on a 8
statewide assessment administered under KRS 158.6453. Student scores from 9
any assessment administered under KRS 158.6453 that are determined by the 10
department's technical advisory committee to be valid and reliable at the 11
individual level shall be included on the student transcript. The department's 12
technical advisory committee shall submit its determination to the 13
commissioner of education and the Legislative Research Commission; 14
(e) The requirements for an alternative high school diploma for students with 15
disabilities whose individualized education program indicates that, in 16
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 17
1. The student cannot participate in the regular statewide assessment; and 18
2. An appropriate alternate assessment has been selected for the student 19
based upon a modified curriculum and an individualized course of 20
study; 21
(f) Taking and keeping a school census, and the forms, blanks, and software to be 22
used in taking and keeping the census and in compiling the required reports. 23
The board shall create a statewide student identification numbering system 24
based on students' Social Security numbers. The system shall provide a 25
student identification number similar to, but distinct from, the Social Security 26
number, for each student who does not have a Social Security number or 27 UNOFFICIAL COPY 24 RS HB 275/GA
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whose parents or guardians choose not to disclose the Social Security number 1
for the student; 2
(g) Sanitary and protective construction of public school buildings, toilets, 3
physical equipment of school grounds, school buildings, and classrooms. With 4
respect to physical standards of sanitary and protective construction for school 5
buildings, the Kentucky Board of Education shall adopt the Uniform State 6
Building Code; 7
(h) Medical inspection, physical and health education and recreation, and other 8
regulations necessary or advisable for the protection of the physical welfare 9
and safety of the public school children. The administrative regulations shall 10
set requirements for student health standards to be met by all students in 11
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 12
in KRS 158.6451. The administrative regulations shall permit a student who 13
received a physical examination no more than six (6) months prior to his or 14
her initial admission to Head Start to substitute that physical examination for 15
the physical examination required by the Kentucky Board of Education of all 16
students upon initial admission to the public schools, if the physical 17
examination given in the Head Start program meets all the requirements of the 18
physical examinations prescribed by the Kentucky Board of Education; 19
(i) A vision examination by an optometrist or ophthalmologist that shall be 20
required by the Kentucky Board of Education. The administrative regulations 21
shall require evidence that a vision examination that meets the criteria 22
prescribed by the Kentucky Board of Education has been performed. This 23
evidence shall be submitted to the school no later than January 1 of the first 24
year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a 25
public school, public preschool, or Head Start program; 26
(j) 1. [Beginning with the 2010-2011 school year, ]A dental screening or 27 UNOFFICIAL COPY 24 RS HB 275/GA
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examination by a dentist, dental hygienist, physician, registered nurse, 1
advanced practice registered nurse, or physician assistant that shall be 2
required by the Kentucky Board of Education. The administrative 3
regulations shall require evidence that a dental screening or examination 4
that meets the criteria prescribed by the Kentucky Board of Education 5
has been performed. This evidence shall be submitted to the school no 6
later than January 1 of the first year that a five (5) or six (6) year-old 7
child is enrolled in a public school. 8
2. A child shall be referred to a licensed dentist if a dental screening or 9
examination performed by anyone other than a licensed dentist identifies 10
the possibility of dental disease; 11
(k) The transportation of children to and from school; 12
(l) The fixing of holidays on which schools may be closed and special days to be 13
observed, and the pay of teachers during absence because of sickness or 14
quarantine or when the schools are closed because of quarantine; 15
(m) The preparation of budgets and salary schedules for the several school 16
districts under the management and control of the Kentucky Board of 17
Education; 18
(n) A uniform series of forms and blanks, educational and financial, including 19
forms of contracts, for use in the several school districts; 20
(o) The disposal of real and personal property owned by local boards of 21
education; and 22
(p) The development and implementation of procedures, for all students who are 23
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 24
the following: 25
1. Awarding and accepting of credit, including partial credit, for all 26
coursework satisfactorily completed by a student while enrolled at 27 UNOFFICIAL COPY 24 RS HB 275/GA
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another school; 1
2. Allowing a student who was previously enrolled in a course required for 2
graduation the opportunity, to the extent practicable, to complete the 3
course, at no cost to the student, before the beginning of the next school 4
year; 5
3. Awarding a diploma, at the student's request, by a district from which 6
the student transferred, if the student transfers schools at any time after 7
the completion of the student's second year of high school and the 8
student is ineligible to graduate from the district to which the student 9
transfers, but meets the graduation requirements of the district from 10
which the student transferred; and 11
4. Exempting the student from all coursework and other requirements 12
imposed by the local board of education that are in addition to the 13
minimum requirements for high school graduation established by the 14
Kentucky Board of Education pursuant to paragraph (d) of this 15
subsection in the district to which the student transfers, if the student 16
transfers schools at any time after the completion of the student's second 17
year of high school and the student is ineligible to graduate both from 18
the district to which the student transfers and the district from which the 19
student transferred. 20
(2) (a) At the request of a local board of education or a school council, a local school 21
district superintendent shall request that the Kentucky Board of Education 22
waive any administrative regulation promulgated by that board. [Beginning in 23
the 1996-97 school year, ]A request for waiver of any administrative 24
regulation shall be submitted to the Kentucky Board of Education in writing 25
with appropriate justification for the waiver. The Kentucky Board of 26
Education may approve the request when the school district or school has 27 UNOFFICIAL COPY 24 RS HB 275/GA
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demonstrated circumstances that may include but are not limited to the 1
following: 2
1. An alternative approach will achieve the same result required by the 3
administrative regulation; 4
2. Implementation of the administrative regulation will cause a hardship on 5
the school district or school or jeopardize the continuation or 6
development of programs; or 7
3. There is a finding of good cause for the waiver. 8
(b) The following shall not be subject to waiver: 9
1. Administrative regulations relating to health and safety; 10
2. Administrative regulations relating to civil rights; 11
3. Administrative regulations required by federal law; and 12
4. Administrative regulations promulgated in accordance with KRS 13
158.6451, 158.6453, 158.6455, and this section, relating to measurement 14
of performance outcomes and determination of successful districts or 15
schools, except upon issues relating to the grade configuration of 16
schools. 17
(c) Any waiver granted under this subsection shall be subject to revocation upon 18
a determination by the Kentucky Board of Education that the school district or 19
school holding the waiver has subsequently failed to meet the intent of the 20
waiver. 21
(3) Any private, parochial, or church school may voluntarily comply with: 22
(a) Curriculum, certification, and textbook standards established by the Kentucky 23
Board of Education; and 24
(b) Employment standards established in Section 4 of this Act; 25
and be certified upon application to the board by such schools. 26
(4) Any public school that violates the provisions of KRS 158.854 shall be subject to a 27 UNOFFICIAL COPY 24 RS HB 275/GA
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penalty to be assessed by the commissioner of education as follows: 1
(a) The first violation shall result in a fine of no less than one (1) week's revenue 2
from the sale of the competitive food; 3
(b) Subsequent violations shall result in a fine of no less than one (1) month's 4
revenue from the sale of the competitive food; 5
(c) "Habitual violations," which means five (5) or more violations within a six (6) 6
month period, shall result in a six (6) month ban on competitive food sales for 7
the violating school; and 8
(d) Revenue collected as a result of the fines in this subsection shall be 9
transferred to the food service fund of the local school district. 10
Section 4. KRS 160.151 is amended to read as follows: 11
(1) For purposes of this section, "certified nonpublic school" means a private, 12
parochial, or church school that has voluntarily been certified by the Kentucky 13
Board of Education in accordance with subsection (3) of Section 3 of this Act. 14
(2)[(1)] (a) 1. A certified nonpublic school shall[private, parochial, or church 15
school that has voluntarily been certified by the Kentucky Board of 16
Education in accordance with KRS 156.160(3) may] require a national 17
and state criminal background check and require a clear CA/N check, as 18
defined in KRS 160.380, on all new certified hires in the school and 19
student teachers assigned to the school and may require a new national 20
and state criminal background check and require a clear CA/N check on 21
each certified teacher once every five (5) years of employment. 22
2. Certified individuals who were employed in another certified position in 23
a Kentucky school within six (6) months of the date of the hire and who 24
had previously submitted to a national and state criminal background 25
check and were required to have a clear CA/N check for previous 26
employment may be excluded from the initial national or state criminal 27 UNOFFICIAL COPY 24 RS HB 275/GA
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background checks. 1
(b) The national criminal history background check shall be conducted by the 2
Federal Bureau of Investigation. The state criminal history background check 3
shall be conducted by the Department of Kentucky State Police or the 4
Administrative Office of the Courts. 5
(c) All fingerprints requested under this section shall be on an applicant 6
fingerprint card provided by the Department of Kentucky State Police. The 7
fingerprint cards shall be forwarded to the Federal Bureau of Investigation by 8
the Department of Kentucky State Police after a state criminal background 9
check has been conducted. Any fee charged by the Department of Kentucky 10
State Police, the Administrative Office of the Courts, or the Federal Bureau of 11
Investigation shall be an amount no greater than the actual cost of processing 12
the request and conducting the search. 13
(3)[(2)] (a) When a certified nonpublic[If a] school requires a criminal background 14
check or requires a clear CA/N check under this section[for a new hire], the 15
school shall conspicuously include the following disclosure statement on each 16
application or renewal form provided by the employer to an applicant for a 17
certified position: "STATE LAW AUTHORIZES THIS SCHOOL TO 18
REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A 19
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 20
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 21
HAS NO ADMINISTRATIVE FINDINGS OF [IS CLEAR TO HIRE 22
BASED ON NO FINDINGS OF SUBSTANTIATED] CHILD ABUSE OR 23
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 24
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 25
FOR HEALTH AND FAMILY SERVICES [AS A CONDITION OF 26
EMPLOYMENT FOR THIS TYPE OF POSITION] ." 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(b) The school or school board may require an adult who is permitted access to 1
school grounds on a regularly scheduled and continuing basis pursuant to a 2
written agreement for the purpose of providing services directly to a student 3
or students as part of a school-sponsored program or activity, a volunteer, or a 4
visitor to submit to a national criminal history check by the Federal Bureau of 5
Investigation and state criminal history background check by the Department 6
of Kentucky State Police or Administrative Office of the Courts and require a 7
clear CA/N check. 8
(c) Any request for records from the Department of Kentucky State Police under 9
this section shall be on an applicant fingerprint card provided by the 10
Department of Kentucky State Police if required. The results of the state 11
criminal background check and the results of the national criminal history 12
background check[, if requested,] shall be sent to the hiring superintendent. 13
When[If] a background check of child abuse and neglect records is requested, 14
the person seeking employment shall provide to the hiring superintendent a 15
clear CA/N check. 16
(d) Any fee charged by the Department of Kentucky State Police shall be an 17
amount no greater than the actual cost of processing the request and 18
conducting the search. 19
(e) Every five (5) years from the year an individual was required to submit to a 20
national and state criminal history background check under paragraph (a) 21
of this subsection, a certified nonpublic school shall require the individual 22
to submit to a state criminal records check as described in subsection (7)(e) 23
of Section 2 of this Act. 24
(4)[(3)] (a) A certified nonpublic school shall[voluntarily implementing the 25
provisions of this chapter may choose] not[ to] employ any person who is a 26
violent offender as defined by KRS 17.165(2), has been convicted of a sex 27 UNOFFICIAL COPY 24 RS HB 275/GA
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crime which is classified as a felony as defined by KRS 17.165(1), or has 1
committed a violent crime as defined in KRS 17.165(3) or persons with a 2
substantiated finding of child abuse or neglect in records maintained by the 3
Cabinet for Health and Family Services. A certified nonpublic school may 4
employ, at its discretion, persons convicted of sex crimes classified as a 5
misdemeanor. 6
(b) If a school term has begun and a certified position remains unfilled or if a 7
vacancy occurs during a school term, a certified nonpublic school 8
[implementing this chapter] may employ an individual who will have 9
supervisory or disciplinary authority over minors on probationary status 10
pending receipt of a criminal history background check or the receipt of a 11
clear CA/N check, provided by the individual. 12
(c) Employment, including probationary employment, at a certified nonpublic 13
school shall[implementing this chapter may] be contingent on the receipt of a 14
criminal history background check documenting that the employee has no[a] 15
record as a violent offender, of a sex crime, or of a violent crime as defined in 16
KRS 17.165 and[or] the receipt of a clear CA/N check, provided by the 17
individual. 18
[(d) Nonpublic schools implementing this chapter may terminate probationary 19
employment under this section upon receipt of a criminal history background 20
check documenting a record as a violent offender, of a sex crime, or of a 21
violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.] 22
(5)[(4)] The form for requesting a clear CA/N check shall be made available on the 23
Cabinet for Health and Family Services website[Web site]. 24
(6) A certified nonpublic school considering an applicant for employment shall 25
contact each nonpublic school or school district that previously employed the 26
applicant for a reference check in accordance with standards established by the 27 UNOFFICIAL COPY 24 RS HB 275/GA
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Kentucky Board of Education. 1
(7) A certified nonpublic school shall not enter into a nondisclosure agreement 2
relating to misconduct involving a minor or student, including abusive conduct as 3
defined in Section 2 of this Act. 4
Section 5. KRS 156.095 is amended to read as follows: 5
(1) The Kentucky Department of Education shall establish, direct, and maintain a 6
statewide program of professional development to improve instruction in the public 7
schools. 8
(2) (a) Each local school district superintendent shall appoint a certified school 9
employee to fulfill the role and responsibilities of a professional development 10
coordinator who shall disseminate professional development information to 11
schools and personnel. Upon request by a school council or any employees of 12
the district, the coordinator shall provide technical assistance to the council or 13
the personnel that may include assisting with needs assessments, analyzing 14
school data, planning and evaluation assistance, organizing districtwide 15
programs requested by school councils or groups of teachers, or other 16
coordination activities. 17
(b)[(a)] The manner of appointment, qualifications, and other duties of the 18
professional development coordinator shall be established by Kentucky Board 19
of Education through promulgation of administrative regulations. 20
(c)[(b)] The local district professional development coordinator shall participate 21
in the Kentucky Department of Education annual training program for local 22
school district professional development coordinators. The training program 23
may include[,] but is not[ be] limited to[,] the demonstration of various 24
approaches to needs assessment and planning; strategies for implementing 25
long-term, school-based professional development; strategies for 26
strengthening teachers' roles in the planning, development, and evaluation of 27 UNOFFICIAL COPY 24 RS HB 275/GA
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professional development; and demonstrations of model professional 1
development programs. The training shall include information about teacher 2
learning opportunities relating to the core content standards. The Kentucky 3
Department of Education shall regularly collect and distribute this 4
information. 5
(3) The Kentucky Department of Education shall provide or facilitate optional, 6
professional development programs for certified personnel throughout the 7
Commonwealth that are based on the statewide needs of teachers, administrators, 8
and other education personnel. Programs may include classified staff and parents 9
when appropriate. Programs offered or facilitated by the department shall be at 10
locations and times convenient to local school personnel and shall be made 11
accessible through the use of technology when appropriate. They shall include 12
programs that: address the goals for Kentucky schools as stated in KRS 158.6451, 13
including reducing the achievement gaps as determined by an equity analysis of the 14
disaggregated student performance data from the state assessment program 15
developed under KRS 158.6453; engage educators in effective learning processes 16
and foster collegiality and collaboration; and provide support for staff to 17
incorporate newly acquired skills into their work through practicing the skills, 18
gathering information about the results, and reflecting on their efforts. Professional 19
development programs shall be made available to teachers based on their needs 20
which shall include but not be limited to the following areas: 21
(a) Strategies to reduce the achievement gaps among various groups of students 22
and to provide continuous progress; 23
(b) Curriculum content and methods of instruction for each content area, 24
including differentiated instruction; 25
(c) School-based decision making; 26
(d) Assessment literacy; 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(e) Integration of performance-based student assessment into daily classroom 1
instruction; 2
(f) Nongraded primary programs; 3
(g) Research-based instructional practices; 4
(h) Instructional uses of technology; 5
(i) Curriculum design to serve the needs of students with diverse learning styles 6
and skills and of students of diverse cultures; 7
(j) Instruction in reading, including phonics, phonemic awareness, 8
comprehension, fluency, and vocabulary; 9
(k) Educational leadership; and 10
(l) Strategies to incorporate character education throughout the curriculum. 11
(4) The department shall assist school personnel in assessing the impact of professional 12
development on their instructional practices and student learning. 13
(5) (a) The department shall assist districts and school councils with the development 14
of long-term school and district improvement plans that include multiple 15
strategies for professional development based on the assessment of needs at 16
the school level. 17
(b)[(a)] Professional development strategies may include but are not limited to 18
participation in subject matter academies, teacher networks, training institutes, 19
workshops, seminars, and study groups; collegial planning; action research; 20
mentoring programs; appropriate university courses; and other forms of 21
professional development. 22
(c)[(b)] In planning the use of the four (4) days for professional development 23
under KRS 158.070, school councils and districts shall give priority to 24
programs that increase teachers' understanding of curriculum content and 25
methods of instruction appropriate for each content area based on individual 26
school plans. The district may use up to one (1) day to provide district-wide 27 UNOFFICIAL COPY 24 RS HB 275/GA
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training and training that is mandated by state or federal law. Only those 1
employees identified in the mandate or affected by the mandate shall be 2
required to attend the training. 3
(d)[(c)] State funds allocated for professional development shall be used to 4
support professional development initiatives that are consistent with local 5
school improvement and professional development plans and teachers' 6
individual growth plans. The funds may be used throughout the year for all 7
staff, including classified and certified staff and parents on school councils or 8
committees. A portion of the funds allocated to each school council under 9
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 10
teaching practices related to the content and subject matter that are required 11
for their specific classroom assignments. 12
(6) (a) [By August 1, 2010, ]The Kentucky Cabinet for Health and Family Services 13
shall post on its web page suicide prevention awareness information, to 14
include recognizing the warning signs of a suicide crisis. The web page shall 15
include information related to suicide prevention training opportunities 16
offered by the cabinet or an agency recognized by the cabinet as a training 17
provider. 18
(b) By September 15 of each year, every public school shall provide suicide 19
prevention awareness information in person, by live streaming, or via a video 20
recording to all students in grades six (6) through twelve (12). The 21
information may be obtained from the Cabinet for Health and Family Services 22
or from a commercially developed suicide prevention training program. 23
(c) 1. Each[Beginning with the 2018-2019] school year[, and every year 24
thereafter,] a minimum of one (1) hour of high-quality suicide 25
prevention training, including the recognition of signs and symptoms of 26
possible mental illness, shall be required for all school district 27 UNOFFICIAL COPY 24 RS HB 275/GA
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employees with job duties requiring direct contact with students in 1
grades six (6) through twelve (12). The training shall be provided either 2
in person, by live streaming, or via a video recording and may be 3
included in the four (4) days of professional development under KRS 4
158.070. 5
2. When a staff member subject to the training under subparagraph 1. of 6
this paragraph is initially hired during a school year in which the 7
training is not required, the local district shall provide suicide prevention 8
materials to the staff member for review. 9
(d) The requirements of paragraphs (b) and (c) of this subsection shall apply to 10
public charter schools as a health and safety requirement under KRS 11
160.1592(1). 12
(7) (a) By [November 1, 2019, and ]November 1 of each year[ thereafter], a 13
minimum of one (1) hour of training on how to respond to an active shooter 14
situation shall be required for all school district employees with job duties 15
requiring direct contact with students. The training shall be provided either in 16
person, by live streaming, or via a video recording prepared by the Kentucky 17
Department of Criminal Justice Training in collaboration with the Kentucky 18
Law Enforcement Council, the Kentucky Department of Education, and the 19
Center for School Safety and may be included in the four (4) days of 20
professional development under KRS 158.070. 21
(b) When a staff member subject to the training requirements of this subsection is 22
initially hired after the training has been provided for the school year, the 23
local district shall provide materials on how to respond to an active shooter 24
situation. 25
(c) The requirements of this subsection shall also apply to public charter schools 26
as a health and safety requirement under KRS 160.1592(1). 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(8) (a) The Kentucky Department of Education shall develop and maintain a list of 1
approved comprehensive evidence-informed trainings on child abuse and 2
neglect prevention, recognition, and reporting that encompass child physical, 3
sexual, and emotional abuse and neglect. 4
(b) The trainings shall be web-based or in-person and cover, at a minimum, the 5
following topics: 6
1. Recognizing child physical, sexual, and emotional abuse and neglect; 7
2. Reporting suspected child abuse and neglect in Kentucky as required by 8
KRS 620.030 and the appropriate documentation; 9
3. Responding to the child; and 10
4. Understanding the response of child protective services. 11
(c) The trainings shall include a questionnaire or other basic assessment tool upon 12
completion to document basic knowledge of training components. 13
(d) Each local board of education shall adopt one (1) or more trainings from the 14
list approved by the Department of Education to be implemented by schools. 15
(e) [All current school administrators, certified personnel, office staff, 16
instructional assistants, and coaches and extracurricular sponsors who are 17
employed by the school district shall complete the implemented training or 18
trainings by January 31, 2017, and then every two (2) years after. 19
(f) ]All school administrators, certified personnel, office staff, instructional 20
assistants, and coaches and extracurricular sponsors who are employed by the 21
school district[ hired after January 31, 2017,] shall complete the implemented 22
training or trainings within ninety (90) days of being hired and then every two 23
(2) years after. 24
(f)[(g)] Every public school shall prominently display the statewide child abuse 25
hotline number administered by the Cabinet for Health and Family Services, 26
and the National Human Trafficking Reporting Hotline number administered 27 UNOFFICIAL COPY 24 RS HB 275/GA
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by the United States Department for Health and Human Services. 1
(9) (a) By May 1, 2025, the Kentucky Department of Education, in collaboration 2
with the Education Professional Standards Board, shall develop a training 3
for school district employees, to be provided via video recording, related to 4
appropriate relationships and communication with students, inappropriate 5
relationships and communication with students, sexual grooming, and 6
sexual misconduct. 7
(b) Beginning with the 2025-2026 school year, and every five (5) years 8
thereafter, every local school district shall require all employees to undergo 9
the training described in paragraph (a) of this subsection. 10
(c) When an employee is hired by a district during a school year in which the 11
training is not required, the school district shall require the employee to 12
complete the training within ninety (90) days of hiring. 13
(d) The requirements of this subsection shall apply to public charter schools as 14
a health and safety requirement under KRS 160.1592(1). 15
(10) The Department of Education shall establish an electronic consumer bulletin board 16
that posts information regarding professional development providers and programs 17
as a service to school district central office personnel, school councils, teachers, and 18
administrators. Participation on the electronic consumer bulletin board shall be 19
voluntary for professional development providers or vendors, but shall include all 20
programs sponsored by the department. Participants shall provide the following 21
information: program title; name of provider or vendor; qualifications of the 22
presenters or instructors; objectives of the program; program length; services 23
provided, including follow-up support; costs for participation and costs of 24
materials; names of previous users of the program, addresses, and telephone 25
numbers; and arrangements required. Posting information on the bulletin board by 26
the department shall not be viewed as an endorsement of the quality of any specific 27 UNOFFICIAL COPY 24 RS HB 275/GA
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provider or program. 1
(11)[(10)] The Department of Education shall provide training to address the 2
characteristics and instructional needs of students at risk of school failure and most 3
likely to drop out of school. The training shall be developed to meet the specific 4
needs of all certified and classified personnel depending on their relationship with 5
these students. The training for instructional personnel shall be designed to provide 6
and enhance skills of personnel to: 7
(a) Identify at-risk students early in elementary schools as well as at-risk and 8
potential dropouts in the middle and high schools; 9
(b) Plan specific instructional strategies to teach at-risk students; 10
(c) Improve the academic achievement of students at risk of school failure by 11
providing individualized and extra instructional support to increase 12
expectations for targeted students; 13
(d) Involve parents as partners in ways to help their children and to improve their 14
children's academic progress; and 15
(e) Significantly reduce the dropout rate of all students. 16
(12)[(11)] The department shall establish teacher academies to the extent funding is 17
available in cooperation with postsecondary education institutions for elementary, 18
middle school, and high school faculty in core disciplines, utilizing facilities and 19
faculty from universities and colleges, local school districts, and other appropriate 20
agencies throughout the state. Priority for participation shall be given to those 21
teachers who are teaching core discipline courses for which they do not have a 22
major or minor or the equivalent. Participation of teachers shall be voluntary. 23
(13)[(12)] The department shall annually provide to the oversight council established in 24
KRS 15A.063, the information received from local schools pursuant to KRS 25
158.449. 26
Section 6. KRS 161.151 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS HB 275/GA
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(1) Except as provided in Section 2 of this Act, all records and references relating to an 1
allegation of a criminal offense committed by a school employee that did not lead to 2
formal charges and all records relating to a criminal proceeding in which a school 3
employee was found not guilty or the charges were dismissed shall be removed 4
from the school employee's personnel file by the superintendent or the 5
superintendent's designee in the local school district. 6
(2) The provisions of subsection (1) of this section shall not preclude a school district 7
from separately investigating, taking action upon, and creating and maintaining 8
records on the same or a similar fact situation upon which the allegations of a 9
criminal offense was based. 10