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AN ACT relating to local boards of education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.210 is amended to read as follows: 3
(1) (a) In the first four (4) months of the year 2033, and in the first four (4) months 4
of each decennial year thereafter, the Kentucky Board of Education shall 5
determine the necessary number of members for each school board. The 6
state board shall give notice to each local board within five (5) days of the 7
state board's determination. 8
(b) The number of required board members shall be based on the average daily 9
enrollment of the district averaged over the previous three (3) years for 10
which data is available. Districts with an enrollment: 11
1. Of fifteen thousand (15,000) students or fewer shall have five (5) 12
board members; 13
2. Between fifteen thousand one (15,001) and thirty thousand (30,000) 14
students shall have seven (7) members; 15
3. Between thirty thousand one (30,001) and forty-five thousand (45,000) 16
students shall have nine (9) members; 17
4. Between forty-five thousand one (45,001) and sixty thousand (60,000) 18
students shall have eleven (11) members; 19
5. Between sixty thousand one (60,001) and seventy-five thousand 20
(75,000) students shall have thirteen (13) members; 21
6. Of seventy-five thousand one (75,001) and greater shall have fifteen 22
(15) members. 23
(c) If a regular election occurs within the same year the determination is made, 24
then the additional membership shall be selected during that election. 25
(d) If no regular election occurs within the same year the determination is 26
made, then the additional membership shall be considered a vacancy under 27 UNOFFICIAL COPY 24 RS BR 1923
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KRS 160.190 with an election to a full term to occur at the next regularly 1
scheduled election. 2
(e) If the determination requires the reduction of the number of members, then 3
the reduction shall be made by reducing the number of members subject to 4
election at the next regularly scheduled election. 5
(2) In independent school districts, the members of the school board shall be elected 6
from the district at large. In county school districts, members shall be elected from 7
divisions. 8
(3)[(2)] (a) The board of education of each county school district shall, within thirty 9
(30) days of the receipt of a notice under subsection (1) of this section[not 10
later than July 1, 1940], divide its district into the required number of[five 11
(5)] divisions containing integral voting precincts and as equal in population 12
insofar as is practicable. 13
(b) In [first ]dividing the county district into divisions the board shall, if more 14
than one (1) of its members reside in one (1) division, determine by lot which 15
member from that division shall represent that division, and which members 16
shall represent the divisions in which no member resides. The members so 17
determined to represent divisions in which no member resides shall be 18
considered the members from those divisions until their terms expire, and 19
thereafter the members from those divisions shall be nominated and elected as 20
provided in KRS 160.200 and 160.220 to 160.250. 21
(c) If a board of education of a county school district fails to adopt a new 22
division as required after the notice established in subsection (1) of this 23
section, then any new member positions shall be considered at-large and 24
subject to the appointment or election provisions in subsection (1) of this 25
section until the board of education adopts new divisions. Once the new 26
divisions are adopted, any question of representation of divisions shall be 27 UNOFFICIAL COPY 24 RS BR 1923
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determined under paragraph (b) of this subsection. 1
(4)[(3)] Any changes made in division boundary lines shall be to make divisions as 2
equal in population and containing integral voting precincts insofar as is practical. 3
No change may be made in division boundary lines less than five (5) years after the 4
last change in any division lines, except in case of merger of districts, a change in 5
territory due to annexation, or to allow compliance with KRS 117.055(2). 6
(5)[(4)] (a) Notwithstanding the provisions of subsection (4)[(3)] of this section, if 7
one hundred (100) residents of a county school district division petition the 8
Kentucky Board of Education stating that the school district divisions are not 9
divided as nearly equal in population as can reasonably be expected, the chief 10
state school officer shall cause an investigation to determine the validity of the 11
petition, the investigation to be completed within thirty (30) days after receipt 12
of the petition. 13
(b) If the investigation reveals the school district to be unequally divided 14
according to population, the Kentucky Board of Education, upon the 15
recommendation of the chief state school officer, shall order the local board of 16
education to make changes in school district divisions as are necessary to 17
equalize population within the required number of[five (5)] school divisions. 18
(c) If any board fails to comply with the order of the Kentucky Board of 19
Education within thirty (30) days or prior to August 1 in any year in which 20
any members of the board are to be elected, members shall be elected from 21
the district at large until the order of the Kentucky Board of Education has 22
been complied with. 23
(d) No change shall be made in the boundary of any division under the provisions 24
of this subsection after August 1 in the year in which a member of the school 25
board is to be elected from any division. 26
[(5) Notwithstanding the provisions of subsection (2) of this section, in counties 27 UNOFFICIAL COPY 24 RS BR 1923
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containing a city of the first class wherein a merger pursuant to KRS 160.041 shall 1
have been accomplished, there shall be seven (7) divisions as equal in population as 2
is practicable, with members elected from divisions. To be eligible to be elected 3
from a division, a candidate must reside in that division. The divisions, based upon 4
1970 United States Census Bureau Reports on total population by census tracts for 5
Jefferson County, Kentucky shall be as follows: Division One shall include census 6
tracts 1-28; Division Two shall include census tracts 29-35, 47-53, 57-74, 80-84, 7
93, 129, 130; Division Three shall include census tracts 75-79, 85-88, 98-106, 8
107.01, 108; Division Four shall include census tracts 121.01, 123-128; Division 9
Five shall include census tracts 36-46, 56, 90, 120, 121.02, 122; Division Six shall 10
include census tracts 54, 55, 91, 92, 94, 95, 110.02, 113, 114, 117.01, 117.02, 118, 11
119; Division Seven shall include census tracts 89, 96, 97, 107.02, 109, 110.01, 12
111, 112, 115, 116, 117.03, 131, 132. The terms of the members to be elected, KRS 13
160.044 notwithstanding, shall be four (4) years and the election for the initial four 14
(4) year terms shall be as follows: The election of the members from Divisions 15
Two, Four and Seven shall be held at the next regular November election following 16
the effective date of the merger pursuant to KRS 160.041, and the election of the 17
members from Divisions One, Three, Five and Six shall be held at the regular 18
November election two (2) years thereafter.] 19
(6) In counties containing cities of the first class, responsibility for the establishment or 20
the changing of school board division boundaries shall be with the local board of 21
education, subject to the review and approval of the county board of elections. 22
Where division and census tract boundaries do not coincide with existing election 23
precinct boundaries, school board divisions shall be redrawn to comply with 24
precinct boundaries. In no instance shall precinct boundaries be redrawn nor shall a 25
precinct be divided to accommodate the drawing of school board division lines. 26
Precinct boundaries nearest existing school board division boundaries shall become 27 UNOFFICIAL COPY 24 RS BR 1923
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the new division boundary. All changes under this statute shall be completed on or 1
before January 1, 1979, and on or before January 1 in any succeeding year in which 2
a member of the school board is to be elected from any division. A record of all 3
changes in division lines shall be kept in the offices of the county board of 4
education and the county board of elections. The board of education shall publish 5
all changes pursuant to KRS Chapter 424. A copy of the newspaper in which the 6
notice is published shall be filed with the chief state school officer within ten (10) 7
days following its publication. 8
(7) Within ten (10) days of a board of education of a county school district adopting 9
new divisions, the board shall submit the new divisions to the Kentucky 10
Department of Education and the Legislative Research Commission. 11
Section 2. KRS 160.200 is amended to read as follows: 12
(1) All elections for members of boards of education shall be in even numbered years, 13
for a term of four (4) years[, except as provided in KRS 160.210(5)]. Except as 14
provided in subsection (3) of this section, the elections shall be held at the regular 15
November election. 16
(2) In each even numbered year, there shall be held an election in every county and 17
independent district to fill the membership of the boards of education for the terms 18
that will expire on the first Monday in January following, and the regularly elected 19
members shall hold office for four (4) years and until their successors are elected 20
and have qualified. 21
(3) Any independent school district embracing a designated city may, at the discretion 22
of its board of education, hold its election of board members at its public school 23
building on the first Saturday in May. The election shall be held by three (3) 24
officers appointed by the board of education and the expenses of the election shall 25
be paid from the treasury of the school district. In all other respects the provisions 26
of this chapter relating to holding elections for board members shall apply. 27 UNOFFICIAL COPY 24 RS BR 1923
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(4) [In counties containing a city of the first class, wherein a merger pursuant to KRS 1
160.041 shall have been accomplished, the terms of the members shall be as 2
provided in KRS 160.210(5). Elected members of such boards, excepting those 3
boards of education representing ten percent (10%) or less of the student population 4
of the county serving at the effective date of such a merger shall continue to serve 5
until their term expires, but no appointments shall be made to fill vacancies. The 6
terms of office of members of boards of education representing ten percent (10%) 7
or less of the student population of the county shall expire on the effective date of 8
the merger. 9
(5) ]As used in this section, "designated city" means a city classified as a city of the 10
fifth class as of January 1, 2014, under the city classification system in effect prior 11
to January 1, 2015. The Department of Education shall, on or before January 1, 12
2015, create an official registry listing the cities that qualify as a "designated city" 13
under this section and shall publish that registry on its website[Web site]. 14
Section 3. KRS 160.160 is amended to read as follows: 15
(1) Each school district shall be under the management and control of a board of 16
education consisting of the number of members required under Section 1 of this 17
Act[five (5) members, except in counties containing a city of the first class wherein 18
a merger pursuant to KRS 160.041 shall have been accomplished which shall have 19
seven (7) members elected from the divisions and in the manner prescribed by KRS 20
160.210(5)], to be known as the "Board of Education of ...., Kentucky." Each board 21
of education shall be a body politic and corporate with perpetual succession. It may 22
sue and be sued; make contracts; expend funds necessary for liability insurance 23
premiums and for the defense of any civil action brought against an individual 24
board member in his official or individual capacity, or both, on account of an act 25
made in the scope and course of his performance of legal duties as a board member; 26
purchase, receive, hold, and sell property; issue its bonds to build and construct 27 UNOFFICIAL COPY 24 RS BR 1923
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improvements; and do all things necessary to accomplish the purposes for which it 1
is created. Each board of education shall elect a chair[chairman] and vice 2
chair[chairman] from its membership in a manner prescribed by the board and for 3
a one (1) year term[term prescribed by the board not to exceed two (2) years]. 4
(2) No board of education shall participate in any financing of school buildings, school 5
improvements, appurtenances thereto, or furnishing and equipment, including 6
education technology equipment without: 7
(a) First establishing the cost of the project in advance of financing, based on the 8
receipt of advertised, public, and competitive bids for such project, in 9
accordance with KRS Chapter 424; and 10
(b) Establishing the cost of financing in advance of the sale of any bonds, 11
certificates of participation in any leases, or other evidences of financial 12
commitments issued by or on behalf of such board. Any bonds, leases, 13
participations, or other financial arrangements shall not involve a final 14
commitment of the board until the purchaser or lender involved shall have 15
been determined by public advertising in accordance with KRS Chapter 424. 16
(3) No board of education shall make a mortgage, lien, or other encumbrance upon any 17
school building owned by the board, or transfer title to any such school building as 18
part of any financing arrangement, without the specific approval of the Department 19
of Education, and without the transaction being entered into pursuant to a detailed 20
plan or procedure specifically authorized by Kentucky statute. 21
(4) Without the approval of the Department of Education, no board may lease, as 22
lessee, a building or public facility that has been or is to be financed at the request 23
of the board or on its behalf through the issuance of bonds by another public body 24
or by a nonprofit corporation serving as an agency and instrumentality of the board, 25
or by a leasing corporation. Any lease, participation, or other financial arrangement 26
shall not involve a final commitment of the board unless and until the purchaser or 27 UNOFFICIAL COPY 24 RS BR 1923
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lender involved in same shall have been determined by public advertising in 1
accordance with KRS Chapter 424. No transaction shall be entered into by the 2
board except upon the basis of public advertising and competitive bidding in 3
accordance with KRS Chapter 424. 4
(5) Rental payments due by a board under a lease approved by the Department of 5
Education in accordance with subsection (4) of this section shall be due and payable 6
not less than ten (10) days prior to the interest due date for the bonds, notes, or 7
other debt obligations issued to finance the building or public facility. If a board 8
fails to make a rental payment when due under a lease, upon notification to the 9
Department of Education by the paying agent, bond registrar, or trustee for the 10
bonds not less than three (3) days prior to the interest due date, the Department of 11
Education shall withhold or intercept any funds then due the board to the extent of 12
the amount of the required payment on the bonds and remit the amount to the 13
paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department 14
of Education shall resolve the matter with the board and adjust remittances to the 15
board to the extent of the amount paid by the Department of Education on the 16
board's behalf. 17
(6) Bonds, notes or leases negotiated to provide education technology shall not be sold 18
for longer than seven (7) years or the useful life of the equipment as established by 19
the state technology master plan, whichever is less. 20
(7) Notwithstanding any requirements of public advertising, competitive bidding, or 21
approval by the Department of Education, or any administrative regulation 22
promulgated pursuant to KRS 156.160(1)(o), a local board may authorize the 23
transfer or sale of the district's real or personal property to another governmental or 24
quasi-governmental agency in exchange for money or a similar type of property that 25
equals or exceeds the fair market value of the district property as determined by an 26
independent appraisal conducted by: 27 UNOFFICIAL COPY 24 RS BR 1923
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(a) An individual or organization not affiliated with the district or its officers or 1
employees, using a generally accepted national or professional standard; or 2
(b) A district's officers or employees using a nationally published valuation of 3
property based on the most recent edition of the publication. 4
(8) A board of education shall maintain oversight over the superintendent. The 5
superintendent shall submit a report on closed investigations on district 6
employees to the board for the purposes of the board's consideration of board 7
policy and the evaluation of the superintendent's performance. 8
Section 4. KRS 160.180 is amended to read as follows: 9
(1) [As used in this section, "relative" means father, mother, brother, sister, husband, 10
wife, son, and daughter. 11
(2) ]No person shall be eligible for membership on a board of education: 12
(a) Unless he has attained the age of twenty-four (24) years; and 13
(b) Unless he has been a citizen of Kentucky for at least three (3) years preceding 14
his election and is a voter of the district for which he is elected; and 15
(c) Unless he has completed at least the twelfth grade or has been issued a High 16
School Equivalency Diploma; and 17
(d) Unless an affidavit signed under penalty of perjury certifying completion of 18
the twelfth grade or the equivalent as determined by passage of the twelfth 19
grade equivalency examination held under regulations adopted by the 20
Kentucky Board of Education has been filed with the nominating petition 21
required by KRS 118.315; and 22
(e) For a candidate who files a nominating petition as required by KRS 118.315 23
on or after April 4, 2018, unless a transcript evidencing completion of the 24
twelfth grade or results of a twelfth grade equivalency examination has been 25
filed with the nominating petition; or 26
(f) Who holds any elective federal, state, county, or city office; or 27 UNOFFICIAL COPY 24 RS BR 1923
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(g) Who, at the time of his election, is directly or indirectly interested in the sale 1
to the board of books, stationery, or any other property, materials, supplies, 2
equipment, or services for which school funds are expended; or 3
(h) Who has been removed from membership on a board of education for cause[; 4
or 5
(i) Who has a relative as defined in subsection (1) of this section employed by 6
the school district and is elected after July 13, 1990. However, this shall not 7
apply to a board member holding office on July 13, 1990, whose relative was 8
not initially hired by the district during the tenure of the board member]. 9
(2)[(3)] If, after the election of any member of the board, he becomes interested in any 10
contract with or claims against the board, of the kind mentioned in paragraph (g) of 11
subsection (1)[(2)] of this section, or if he moves his residence from the district for 12
which he was chosen, or if he attempts to influence the hiring of any school 13
employee, except the superintendent of schools or school board attorney, or if he 14
does anything that would render him ineligible for reelection, he shall be subject to 15
removal from office pursuant to KRS 415.050 and 415.060. 16
(3)[(4)] A board member shall be eligible for reelection unless he becomes 17
disqualified. 18
(4)[(5)] The annual in-service training requirements for all school board members in 19
office as of December 31, 2014, shall be as follows: 20
(a) Twelve (12) hours for school board members with zero to three (3) years of 21
experience; 22
(b) Eight (8) hours for school board members with four (4) to seven (7) years of 23
experience; and 24
(c) Four (4) hours for school board members with eight (8) or more years of 25
experience. 26
The Kentucky Board of Education shall identify the criteria for fulfilling this 27 UNOFFICIAL COPY 24 RS BR 1923
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requirement. 1
(5)[(6)] (a) For all board members who begin their initial service on or after January 2
1, 2015, the annual in-service training requirements shall be twelve (12) hours 3
for school board members with zero to eight (8) years of experience and eight 4
(8) hours for school board members with more than eight (8) years of 5
experience. 6
(b) Training topics for school board members shall include: 7
1. Three (3) hours of finance, one (1) hour of ethics, and one (1) hour of 8
superintendent evaluation annually for members with zero to three (3) 9
years' experience; 10
2. Two (2) hours of finance, one (1) hour of ethics, and one (1) hour of 11
superintendent evaluation annually for members with four (4) to seven 12
(7) years' experience;[ and] 13
3. One (1) hour of finance, one (1) hour of ethics, and one (1) hour of 14
superintendent evaluation biennially for members with eight (8) or more 15
years' experience; and 16
4. One (1) hour of open meetings and open records training every other 17
year. 18
The Kentucky Board of Education shall identify criteria for fulfilling this 19
requirement. 20
Section 5. KRS 116.200 is amended to read as follows: 21
(1) (a) On or before January 1, 2011, each city clerk, except in consolidated local 22
governments and urban-county governments, shall provide the clerk of the 23
county or counties in which the city is located with a list of all properties 24
within the city and a map of the city boundaries for the county clerk to 25
maintain a roster of voters who are eligible to vote in city elections. A county 26
clerk may accept the list of city properties in an electronic format and the city 27 UNOFFICIAL COPY 24 RS BR 1923
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clerk may provide a copy of the city's boundary map maintained by the 1
Kentucky Commonwealth Office of Technology, Division of Geographic 2
Information Systems; and 3
(b) Documentation of any change to the boundaries of a city shall be reported to 4
the county clerk in accordance with KRS 81A.475. 5
(2) (a) On or before January 1, 2011, each school district board shall provide the 6
clerk of the county in which the school district is located with maps and 7
written descriptions of the boundaries of each school board district located in 8
the county for the county clerk to maintain a roster of voters who are eligible 9
to vote in school board elections. 10
(b) Documentation of any change to a school district's boundaries shall be 11
reported to the county clerk within sixty (60) days of the change, or 12
immediately if the change is within sixty (60) days of the August 1 deadline 13
established in KRS 160.210(5)[(4)](d). 14
(3) Each county clerk shall code all registered voters in that county in such a manner 15
that precinct election officers may determine the voter's eligibility to vote in city 16
and school board elections prior to each primary and regular election for city 17
officers in that county, each regular election for school board members in that 18
county, and each special election in which a ballot question is presented to the 19
residents of a city or a school board district. 20
(4) Notwithstanding KRS 64.012, the county clerk shall not charge a fee to a city or 21
school district providing any information required by subsections (1)(a) and (2)(a) 22
of this section. 23
(5) Nothing in this section shall prohibit a county clerk from requesting additional 24
information from the city, school district board, or any other reliable source to 25
ascertain whether a registered voter resides within a city or a school district 26
boundary. 27 UNOFFICIAL COPY 24 RS BR 1923
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Section 6. KRS 160.380 is amended to read as follows: 1
(1) As used in this section: 2
(a) "Administrative finding of child abuse or neglect" means a substantiated 3
finding of child abuse or neglect issued by the Cabinet for Health and Family 4
Services that is: 5
1. Not appealed through an administrative hearing conducted in 6
accordance with KRS Chapter 13B; 7
2. Upheld at an administrative hearing conducted in accordance with KRS 8
Chapter 13B and not appealed to a Circuit Court; or 9
3. Upheld by a Circuit Court in an appeal of the results of an 10
administrative hearing conducted in accordance with KRS Chapter 13B; 11
(b) "Alternative education program" means a program that exists to meet the 12
needs of students that cannot be addressed in a traditional classroom setting 13
but through the assignment of students to alternative classrooms, centers, or 14
campuses that are designed to remediate academic performance, improve 15
behavior, or provide an enhanced learning experience. Alternative education 16
programs do not include career or technical centers or departments; 17
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 18
Services indicating that there are no administrative findings of child abuse or 19
neglect relating to a specific individual; 20
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 21
daughter; and 22
(e) "Vacancy" means any certified position opening created by the resignation, 23
dismissal, nonrenewal of contract, transfer, or death of a certified staff 24
member of a local school district, or a new position created in a local school 25
district for which certification is required. However, if an employer-employee 26
bargained contract contains procedures for filling certified position openings 27 UNOFFICIAL COPY 24 RS BR 1923
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created by the resignation, dismissal, nonrenewal of contract, transfer, or 1
death of a certified staff member, or creation of a new position for which 2
certification is required, a vacancy shall not exist, unless certified positions 3
remain open after compliance with those procedures. 4
(2) Except as provided in KRS 160.346, the school district personnel actions identified 5
in this section shall be carried out as follows: 6
(a) All appointments, promotions, and transfers of principals, supervisors, 7
teachers, and other public school employees shall be made only by the 8
superintendent of schools, who shall notify the board of the action taken. All 9
employees of the local district shall have the qualifications prescribed by law 10
and by the administrative regulations of the Kentucky Board of Education and 11
of the employing board. Supervisors, principals, teachers, and other 12
employees may be appointed by the superintendent for any school year at any 13
time after February 1 preceding the beginning of the school year. No 14
superintendent of schools shall appoint or transfer himself or herself to 15
another position within the school district; 16
(b) When a vacancy occurs in a local school district, the superintendent shall 17
submit the job posting to the statewide job posting system described in KRS 18
160.152 fifteen (15) days before the position shall be filled. The local school 19
district shall post position openings in the local board office for public 20
viewing; 21
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 22
prevent disruption of necessary instructional or support services of the school 23
district, the superintendent may seek a waiver from the chief state school 24
officer. If the waiver is approved, the appointment shall not be made until the 25
person recommended for the position has been approved by the chief state 26
school officer. The chief state school officer shall respond to a district's 27 UNOFFICIAL COPY 24 RS BR 1923
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request for waiver or for approval of an appointment within two (2) working 1
days; and 2
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 3
search to locate minority teachers to be considered for the position. The 4
superintendent shall, pursuant to administrative regulations of the Kentucky 5
Board of Education, report annually the district's recruitment process and the 6
activities used to increase the percentage of minority teachers in the district. 7
(3) Restrictions on employment of relatives shall be as follows: 8
(a) No relative of a superintendent of schools shall be an employee of the school 9
district. However, this shall not apply to a relative who is a classified or 10
certified employee of the school district for at least thirty-six (36) months 11
prior to the superintendent assuming office and who is qualified for the 12
position the employee holds. A superintendent's spouse who has previously 13
been employed in a school system may be an employee of the school district. 14
A superintendent's spouse who is employed under this provision shall not hold 15
a position in which the spouse supervises certified or classified employees. A 16
superintendent's spouse may supervise teacher aides and student teachers. 17
However, the superintendent shall not promote a relative who continues 18
employment under an exception of this subsection; 19
(b) [No superintendent shall employ a relative of a school board member of the 20
district; 21
(c) ]No principal's relative shall be employed in the principal's school; and 22
(c)[(d)] A relative that is ineligible for employment under paragraph (a)[,] or 23
(b)[, or (c)] of this subsection may be employed as a substitute for a certified 24
or classified employee if the relative is not: 25
1. A regular full-time or part-time employee of the district; 26
2. Accruing continuing contract status or any other right to continuous 27 UNOFFICIAL COPY 24 RS BR 1923
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employment; 1
3. Receiving fringe benefits other than those provided other substitutes; or 2
4. Receiving preference in employment or assignment over other 3
substitutes. 4
(4) No superintendent shall assign a certified or classified staff person to an alternative 5
education program as part of any disciplinary action taken pursuant to KRS 161.011 6
or 161.790 as part of a corrective action plan established pursuant to the local 7
district evaluation plan. 8
(5) No superintendent shall initially employ in any position in the district any person 9
who is a violent offender or has been convicted of a sex crime as defined by KRS 10
17.165 which is classified as a felony or persons with an administrative finding of 11
child abuse or neglect in records maintained by the Cabinet for Health and Family 12
Services. The superintendent may employ, at his discretion, except at a Kentucky 13
Educational Collaborative for State Agency Children program, persons convicted of 14
sex crimes classified as a misdemeanor. 15
(6) Requirements for background checks shall be as follows: 16
(a) A superintendent shall require the following individuals to submit to a 17
national and state criminal background check by the Department of Kentucky 18
State Police and the Federal Bureau of Investigation and have a clear CA/N 19
check, provided by the individual: 20
1. Each new certified or classified hire; 21
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 22
161.185; 23
3. A student teacher; 24
4. A school-based decision making council parent member; and 25
5. Any adult who is permitted access to school grounds on a regularly 26
scheduled and continuing basis pursuant to a written agreement for the 27 UNOFFICIAL COPY 24 RS BR 1923
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purpose of providing services directly to a student or students as part of 1
a school-sponsored program or activity; 2
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 3
a. Classified and certified individuals employed by the school district 4
prior to June 27, 2019; 5
b. Certified individuals who were employed in another certified 6
position in a Kentucky school district within six (6) months of the 7
date of hire and who had previously submitted to a national and 8
state criminal background check and who have a clear CA/N check 9
for the previous employment; or 10
c. Student teachers who have submitted to and provide a copy of a 11
national and state criminal background check by the Department 12
of Kentucky State Police and the Federal Bureau of Investigation 13
through an accredited teacher education institution in which the 14
student teacher is enrolled and who have a clear CA/N check. 15
2. The Education Professional Standards Board may promulgate 16
administrative regulations to impose additional qualifications to meet 17
the requirements of Public Law 92-544; 18
(c) A parent member may serve prior to the receipt of the criminal history 19
background check and CA/N letter required by paragraph (a) of this 20
subsection but shall be removed from the council on receipt by the school 21
district of a report documenting a record of abuse or neglect, or a sex crime or 22
criminal offense against a victim who is a minor as defined in KRS 17.500, or 23
as a violent offender as defined in KRS 17.165, and no further procedures 24
shall be required; and 25
(d) A superintendent may require a volunteer or a visitor to submit to a national 26
and state criminal history background check by the Department of Kentucky 27 UNOFFICIAL COPY 24 RS BR 1923
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State Police and the Federal Bureau of Investigation and have a clear CA/N 1
check, provided by the individual. 2
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 3
vacancy occurs during a school term, a superintendent may employ an 4
individual, who will have supervisory or disciplinary authority over minors, 5
on probationary status pending receipt of the criminal history background 6
check and a clear CA/N check, provided by the individual. Application for the 7
criminal record and a request for a clear CA/N check of a probationary 8
employee shall be made no later than the date probationary employment 9
begins. 10
(b) Employment shall be contingent on the receipt of the criminal history 11
background check documenting that the probationary employee has no record 12
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 13
of a letter, provided by the individual, from the Cabinet for Health and Family 14
Services stating the employee is clear to hire based on no administrative 15
findings of child abuse or neglect found through a background check of child 16
abuse and neglect records maintained by the Cabinet for Health and Family 17
Services. 18
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 19
probationary employment under this section shall terminate on receipt by the 20
school district of a criminal history background check documenting a record 21
of a sex crime or as a violent offender as defined in KRS 17.165 and no 22
further procedures shall be required. 23
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 24
employee on the basis of a criminal record other than a record of a sex crime or as a 25
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 26
showing an administrative finding of child abuse or neglect. 27 UNOFFICIAL COPY 24 RS BR 1923
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(9) (a) All fingerprints requested under this section shall be on an applicant 1
fingerprint card provided by the Department of Kentucky State Police. The 2
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 3
from the Department of Kentucky State Police after a state criminal 4
background check is conducted. The results of the state and federal criminal 5
background check shall be sent to the hiring superintendent. Any fee charged 6
by the Department of Kentucky State Police, the Federal Bureau of 7
Investigation, and the Cabinet for Health and Family Services shall be an 8
amount no greater than the actual cost of processing the request and 9
conducting the search. 10
(b) Each application form, provided by the employer to an applicant for a 11
certified or classified position, shall conspicuously state the following: "FOR 12
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 13
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 14
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 15
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 16
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 17
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 18
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 19
FOR HEALTH AND FAMILY SERVICES." 20
(c) Each application form for a district position shall require the applicant to: 21
1. Identify the states in which he or she has maintained residency, 22
including the dates of residency; and 23
2. Provide picture identification. 24
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 25
when an employee of the school district is charged with any offense which is 26
classified as a felony, the superintendent may transfer the employee to a second 27 UNOFFICIAL COPY 24 RS BR 1923
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position until such time as the employee is found not guilty, the charges are 1
dismissed, the employee is terminated, or the superintendent determines that further 2
personnel action is not required. The employee shall continue to be paid at the same 3
rate of pay he or she received prior to the transfer. If an employee is charged with 4
an offense outside of the Commonwealth, this provision may also be applied if the 5
charge would have been treated as a felony if committed within the 6
Commonwealth. Transfers shall be made to prevent disruption of the educational 7
process and district operations and in the interest of students and staff and shall not 8
be construed as evidence of misconduct. 9
(11) Notwithstanding any law to the contrary, each certified and classified employee of 10
the school district shall notify the superintendent if he or she has been found by the 11
Cabinet for Health and Family Services to have abused or neglected a child, and if 12
he or she has waived the right to appeal a substantiated finding of child abuse or 13
neglect or if the substantiated incident was upheld upon appeal. Any failure to 14
report this finding shall result in the certified or classified employee being subject 15
to dismissal or termination. 16
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 17
Health and Family Services website. 18
Section 7. KRS 160.042 is amended to read as follows: 19
(1) Upon a merger under the provisions of KRS 160.040 and 160.041 of an 20
independent school district in a city of the first class with a county school district in 21
counties containing a city of the first class, the members of the county board of 22
education of the merged county school district, shall be elected pursuant to KRS 23
160.200 and 160.210. 24
(2) Each member of the respective boards of education at the time of the merger of the 25
districts, may continue to hold office until the expiration of his or her term of office, 26
[except as provided in KRS 160.200(4); ]but any vacancy occurring among such 27 UNOFFICIAL COPY 24 RS BR 1923
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members for any reason shall not be filled. 1
Section 8. Notwithstanding the specific future dates established in subsection 2
(1) of Section 1 of this Act, the Kentucky Board of Education shall make initial 3
determinations of the board size required under Section 1 of this Act by December 31, 4
2024. Within thirty days of receiving a notice from the Kentucky Board of Education, 5
any local board of education that is required to add membership due to the district's 6
enrollment shall conduct the necessary division changes pursuant to Section 1 of this Act. 7
However, the additional positions created shall be declared as vacancies and filled 8
pursuant to KRS 160.190. The appointed vacancies shall be filled at the next regular 9
election for a full four-year term. 10
Section 9. Within thirty days of this Act becoming law, each superintendent 11
shall submit a report to the district's local board of education required under subsection 12
(8) of Section 3 of this Act for all the closed investigations that have been concluded 13
during the superintendent's current contract. 14