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AN ACT relating to the transportation of students and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.153 is amended to read as follows: 3
(1) All school buses for which bids are made or bid contracts awarded shall meet the 4
standards and specifications of the Kentucky Department of Education. The term 5
"school bus," as used in this section, shall mean any motor vehicle which meets the 6
standards and specifications for school buses as provided by law or by the standards 7
or specifications of the Kentucky Department of Education authorized by law and 8
used solely in transporting school children and school employees to and from 9
school under the supervision and control and at the direction of school authorities, 10
and shall further include school bus accessory equipment and supplies and 11
replacement equipment considered to be reasonably adaptable for purchase from 12
price contract agreements. 13
(2) [Except in cases of emergencies or for the transportation of students with 14
disabilities, only School buses as defined in subsection (1) of this section shall be 15
used for transporting students to and from school along regular bus routes. Districts 16
may use district-owned vehicles that were designed and built by the manufacturer 17
for passenger transportation when transporting nine (9) or fewer passengers, 18
including the driver, for approved school activities. ]Vehicles used under this 19
subsection shall be clearly marked as transporting students and shall be safety 20
inspected no less than once every thirty (30) days. 21
(3) (a) Districts may also use vehicles owned, leased, or contracted by the district 22
that were designed and built by the manufacturer for passenger 23
transportation of nine (9) or fewer passengers, including the driver, for 24
transporting students to and from school and approved school activities 25
under an alternative transportation plan approved by the Kentucky 26
Department of Education. 27 UNOFFICIAL COPY 24 RS BR 1772
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(b) Non-school bus passenger vehicles used under this subsection shall be: 1
1. Clearly marked as transporting students; 2
2. Safety inspected no less than once every thirty (30) days; and 3
3. Operated by an employee or contractor of a local school district that 4
has a valid Class (D) operator's license. An individual that operates a 5
vehicle to transport a student or students without a current valid 6
license to operate that motor vehicle shall be subject to the penalties 7
set forth in subsection (4) of Section 3 of this Act. 8
(c) The Kentucky Board of Education shall promulgate administrative 9
regulations in accordance with KRS Chapter 13A to establish minimum 10
standards and specifications for non-school bus passenger vehicles used 11
under this subsection and the minimum qualifications and training 12
requirements for drivers of non-school bus passenger vehicles. 13
(4) As part of its regular procedure for establishing and updating [school bus ]standards 14
and specifications for school buses and non-school bus passenger vehicles, the 15
Kentucky Department of Education shall consider allowing school buses to operate 16
using clean transportation fuels, as defined in KRS 186.750. If the department 17
determines that school buses or non-school bus passenger vehicles may operate 18
using clean transportation fuels while maintaining the same or a higher degree of 19
safety as fuels currently allowed, it shall update its standards and specifications to 20
allow for such use. 21
Section 2. KRS 160.380 is amended to read as follows: 22
(1) As used in this section: 23
(a) "Administrative finding of child abuse or neglect" means a substantiated 24
finding of child abuse or neglect issued by the Cabinet for Health and Family 25
Services that is: 26
1. Not appealed through an administrative hearing conducted in 27 UNOFFICIAL COPY 24 RS BR 1772
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accordance with KRS Chapter 13B; 1
2. Upheld at an administrative hearing conducted in accordance with KRS 2
Chapter 13B and not appealed to a Circuit Court; or 3
3. Upheld by a Circuit Court in an appeal of the results of an 4
administrative hearing conducted in accordance with KRS Chapter 13B; 5
(b) "Alternative education program" means a program that exists to meet the 6
needs of students that cannot be addressed in a traditional classroom setting 7
but through the assignment of students to alternative classrooms, centers, or 8
campuses that are designed to remediate academic performance, improve 9
behavior, or provide an enhanced learning experience. Alternative education 10
programs do not include career or technical centers or departments; 11
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 12
Services indicating that there are no administrative findings of child abuse or 13
neglect relating to a specific individual; 14
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 15
daughter; and 16
(e) "Vacancy" means any certified position opening created by the resignation, 17
dismissal, nonrenewal of contract, transfer, or death of a certified staff 18
member of a local school district, or a new position created in a local school 19
district for which certification is required. However, if an employer-employee 20
bargained contract contains procedures for filling certified position openings 21
created by the resignation, dismissal, nonrenewal of contract, transfer, or 22
death of a certified staff member, or creation of a new position for which 23
certification is required, a vacancy shall not exist, unless certified positions 24
remain open after compliance with those procedures. 25
(2) Except as provided in KRS 160.346, the school district personnel actions identified 26
in this section shall be carried out as follows: 27 UNOFFICIAL COPY 24 RS BR 1772
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(a) All appointments, promotions, and transfers of principals, supervisors, 1
teachers, and other public school employees shall be made only by the 2
superintendent of schools, who shall notify the board of the action taken. All 3
employees of the local district shall have the qualifications prescribed by law 4
and by the administrative regulations of the Kentucky Board of Education and 5
of the employing board. Supervisors, principals, teachers, and other 6
employees may be appointed by the superintendent for any school year at any 7
time after February 1 preceding the beginning of the school year. No 8
superintendent of schools shall appoint or transfer himself or herself to 9
another position within the school district; 10
(b) When a vacancy occurs in a local school district, the superintendent shall 11
submit the job posting to the statewide job posting system described in KRS 12
160.152 fifteen (15) days before the position shall be filled. The local school 13
district shall post position openings in the local board office for public 14
viewing; 15
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 16
prevent disruption of necessary instructional or support services of the school 17
district, the superintendent may seek a waiver from the chief state school 18
officer. If the waiver is approved, the appointment shall not be made until the 19
person recommended for the position has been approved by the chief state 20
school officer. The chief state school officer shall respond to a district's 21
request for waiver or for approval of an appointment within two (2) working 22
days; and 23
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 24
search to locate minority teachers to be considered for the position. The 25
superintendent shall, pursuant to administrative regulations of the Kentucky 26
Board of Education, report annually the district's recruitment process and the 27 UNOFFICIAL COPY 24 RS BR 1772
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activities used to increase the percentage of minority teachers in the district. 1
(3) Restrictions on employment of relatives shall be as follows: 2
(a) No relative of a superintendent of schools shall be an employee of the school 3
district. However, this shall not apply to a relative who is a classified or 4
certified employee of the school district for at least thirty-six (36) months 5
prior to the superintendent assuming office and who is qualified for the 6
position the employee holds. A superintendent's spouse who has previously 7
been employed in a school system may be an employee of the school district. 8
A superintendent's spouse who is employed under this provision shall not hold 9
a position in which the spouse supervises certified or classified employees. A 10
superintendent's spouse may supervise teacher aides and student teachers. 11
However, the superintendent shall not promote a relative who continues 12
employment under an exception of this subsection; 13
(b) No superintendent shall employ a relative of a school board member of the 14
district; 15
(c) No principal's relative shall be employed in the principal's school; and 16
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 17
this subsection may be employed as a substitute for a certified or classified 18
employee if the relative is not: 19
1. A regular full-time or part-time employee of the district; 20
2. Accruing continuing contract status or any other right to continuous 21
employment; 22
3. Receiving fringe benefits other than those provided other substitutes; or 23
4. Receiving preference in employment or assignment over other 24
substitutes. 25
(4) No superintendent shall assign a certified or classified staff person to an alternative 26
education program as part of any disciplinary action taken pursuant to KRS 161.011 27 UNOFFICIAL COPY 24 RS BR 1772
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or 161.790 as part of a corrective action plan established pursuant to the local 1
district evaluation plan. 2
(5) No superintendent shall initially employ in any position in the district any person 3
who is a violent offender or has been convicted of a sex crime as defined by KRS 4
17.165 which is classified as a felony or persons with an administrative finding of 5
child abuse or neglect in records maintained by the Cabinet for Health and Family 6
Services. The superintendent may employ, at his or her discretion, except at a 7
Kentucky Educational Collaborative for State Agency Children program, persons 8
convicted of sex crimes classified as a misdemeanor. 9
(6) Requirements for background checks shall be as follows: 10
(a) A superintendent shall require the following individuals to submit to a 11
national and state criminal background check by the Department of Kentucky 12
State Police and the Federal Bureau of Investigation and have a clear CA/N 13
check, provided by the individual: 14
1. Each new certified or classified hire; 15
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 16
161.185; 17
3. A student teacher; 18
4. A school-based decision making council parent member; and 19
5. Any adult who is permitted access to school grounds on a regularly 20
scheduled and continuing basis pursuant to a written agreement for the 21
purpose of providing services directly to a student or students as part of 22
a school-sponsored program or activity; 23
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 24
a. Classified and certified individuals employed by the school district 25
prior to June 27, 2019; 26
b. Certified individuals who were employed in another certified 27 UNOFFICIAL COPY 24 RS BR 1772
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position in a Kentucky school district within six (6) months of the 1
date of hire and who had previously submitted to a national and 2
state criminal background check and who have a clear CA/N check 3
for the previous employment; or 4
c. Student teachers who have submitted to and provide a copy of a 5
national and state criminal background check by the Department 6
of Kentucky State Police and the Federal Bureau of Investigation 7
through an accredited teacher education institution in which the 8
student teacher is enrolled and who have a clear CA/N check. 9
2. The Education Professional Standards Board may promulgate 10
administrative regulations to impose additional qualifications to meet 11
the requirements of Public Law 92-544; 12
(c) A parent member may serve prior to the receipt of the criminal history 13
background check and CA/N letter required by paragraph (a) of this 14
subsection but shall be removed from the council on receipt by the school 15
district of a report documenting a record of abuse or neglect, or a sex crime or 16
criminal offense against a victim who is a minor as defined in KRS 17.500, or 17
as a violent offender as defined in KRS 17.165, and no further procedures 18
shall be required; [and] 19
(d) A superintendent may require a volunteer or a visitor to submit to a national 20
and state criminal history background check by the Department of Kentucky 21
State Police and the Federal Bureau of Investigation and have a clear CA/N 22
check, provided by the individual; and[.] 23
(e) The superintendent of a school district operating under an alternative 24
transportation plan approved by the Kentucky Department of Education in 25
accordance with subsection (3) of Section 1 of this Act shall require the 26
driver of any non-school bus passenger vehicle authorized to transport 27 UNOFFICIAL COPY 24 RS BR 1772
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students to and from school and approved school activities pursuant to the 1
alternative transportation plan to: 2
1. Submit to an annual national and state criminal background check by 3
the Department of Kentucky State Police and the Federal Bureau of 4
Investigation; 5
2. Provide a biannual driving history record check performed by the 6
Transportation Cabinet; 7
3. Provide an annual clear CA/N check; 8
4. Notify the superintendent of any conviction for a violation under KRS 9
Chapter 189 for which penalty points are assessed; and 10
5. Notify the superintendent of any citation or arrest for a violation of 11
any provision of KRS Chapter 189A. The superintendent shall 12
immediately inform the Kentucky Department of Education of the 13
notification. 14
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 15
vacancy occurs during a school term, a superintendent may employ an 16
individual, who will have supervisory or disciplinary authority over minors, 17
on probationary status pending receipt of the criminal history background 18
check and a clear CA/N check, provided by the individual. Application for the 19
criminal record and a request for a clear CA/N check of a probationary 20
employee shall be made no later than the date probationary employment 21
begins. 22
(b) Employment shall be contingent on the receipt of the criminal history 23
background check documenting that the probationary employee has no record 24
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 25
of a letter, provided by the individual, from the Cabinet for Health and Family 26
Services stating the employee is clear to hire based on no administrative 27 UNOFFICIAL COPY 24 RS BR 1772
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findings of child abuse or neglect found through a background check of child 1
abuse and neglect records maintained by the Cabinet for Health and Family 2
Services. 3
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 4
probationary employment under this section shall terminate on receipt by the 5
school district of a criminal history background check documenting a record 6
of a sex crime or as a violent offender as defined in KRS 17.165 and no 7
further procedures shall be required. 8
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 9
employee on the basis of a criminal record other than a record of a sex crime or as a 10
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 11
showing an administrative finding of child abuse or neglect. 12
(9) (a) All fingerprints requested under this section shall be on an applicant 13
fingerprint card provided by the Department of Kentucky State Police. The 14
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 15
from the Department of Kentucky State Police after a state criminal 16
background check is conducted. The results of the state and federal criminal 17
background check shall be sent to the hiring superintendent. Any fee charged 18
by the Department of Kentucky State Police, the Federal Bureau of 19
Investigation, and the Cabinet for Health and Family Services shall be an 20
amount no greater than the actual cost of processing the request and 21
conducting the search. 22
(b) Each application form, provided by the employer to an applicant for a 23
certified or classified position, shall conspicuously state the following: "FOR 24
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 25
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 26
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 27 UNOFFICIAL COPY 24 RS BR 1772
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FOR HEALTH AND FAM ILY SERVICES STATING THE APPLICANT 1
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 2
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 3
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 4
FOR HEALTH AND FAMILY SERVICES." 5
(c) Each application form for a district position shall require the applicant to: 6
1. Identify the states in which he or she has maintained residency, 7
including the dates of residency; and 8
2. Provide picture identification. 9
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 10
when an employee of the school district is charged with any offense which is 11
classified as a felony, the superintendent may transfer the employee to a second 12
position until such time as the employee is found not guilty, the charges are 13
dismissed, the employee is terminated, or the superintendent determines that further 14
personnel action is not required. The employee shall continue to be paid at the same 15
rate of pay he or she received prior to the transfer. If an employee is charged with 16
an offense outside of the Commonwealth, this provision may also be applied if the 17
charge would have been treated as a felony if committed within the 18
Commonwealth. Transfers shall be made to prevent disruption of the educational 19
process and district operations and in the interest of students and staff and shall not 20
be construed as evidence of misconduct. 21
(11) Notwithstanding any law to the contrary, each certified and classified employee of 22
the school district shall notify the superintendent if he or she has been found by the 23
Cabinet for Health and Family Services to have abused or neglected a child, and if 24
he or she has waived the right to appeal a substantiated finding of child abuse or 25
neglect or if the substantiated incident was upheld upon appeal. Any failure to 26
report this finding shall result in the certified or classified employee being subject 27 UNOFFICIAL COPY 24 RS BR 1772
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to dismissal or termination. 1
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 2
Health and Family Services website. 3
Section 3. KRS 156.990 is amended to read as follows: 4
(1) Any witness who fails, without legal excuse, to attend or to testify, when required 5
by the chief state school officer under these provisions, shall be fined not more than 6
twenty-five dollars ($25) for each offense. 7
(2) Any person who violates any of the provisions of KRS 156.400 to 156.470 shall be 8
fined not more than five hundred dollars ($500) or imprisoned not more than three 9
(3) months, or both. 10
(3) A violation of subsection (1) of KRS 156.483 shall cause the Department of 11
Education to be fined not less than five hundred dollars ($500) or more than one 12
thousand dollars ($1,000). 13
(4) Any person who violates subsection (3)(b)3. of Section 1 of this Act by operating a 14
school bus or non-school bus passenger vehicle to transport a student or students 15
without a current valid license to operate that motor vehicle within the 16
Commonwealth shall be guilty of a Class D felony. 17
Section 4. Whereas the General Assembly is committed to efficiency in pupil 18
transportation, an emergency is declared to exist, and this Act takes effect upon its 19
passage and approval by the Governor or upon its otherwise becoming a law. 20