CHAPTER 165
Legislative Research Commission PDF Version
1
CHAPTER 165
( SB 2 )
AN ACT relating to student safety.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section, a "Kentucky guardian" or "guardian" means an employee of a local board of
education who is employed for the purpose of providing school safety and security to students and staff on a
school site. A person providing services as a guardian may only include honorably discharged veterans,
retired Kentucky state troopers, retired special and sworn law enforcement officers, and former federal law
enforcement officers. A guardian certified by the Center for School Safety as having met all requirements
of this section is deemed to be an authorized individual under KRS 527.070(3)(f) and may be armed with a
firearm on school property.
(2) Local boards of education may employ as many guardians as the board considers necessary for the safety
and security of its schools.
(3) Prior to hiring a guardian, the local board of education shall require the applicant to provide certification
from the Center for School Safety that he or she meets all of the following minimum requirements:
(a) Is a citizen of the United States and the Commonwealth of Kentucky;
(b) Has received a high school diploma or a High School Equivalency Diploma;
(c) Is currently licensed under KRS 237.110 to carry a concealed weapon;
(d) Has completed and passed background checks as required pursuant to KRS 160.380(6)(a), and has
not been convicted of any felony, any misdemeanor under KRS 510.120, 510.130, 510.140, or
510.148, or a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape,
sodomy, sexual abuse, or sexual misconduct under KRS Chapter 510, or have had any offense listed
in this paragraph expunged;
(e) Has passed a medical examination completed by a licensed physician, physician assistant, or
advanced practice registered nurse to determine if he or she can perform the duties of a guardian;
(f) Has passed a drug screening test administered or approved by the Kentucky Law Enforcement
Council. A person shall be deemed to have passed a drug screening test if the results of the test are
negative for the use of an illegal controlled substance or prescription drug abuse;
(g) Has passed the following examinations administered by the Kentucky Law Enforcement Council:
1. A background investigation to determine the person's suitability for the position of guardian;
2. A psychological suitability screening to determine the person's suitability to perform guardian
duties; and
3. A polygraph examination to determine the person's suitability to perform guardian duties;
(h) Has passed the following courses provided by the Department of Criminal Justice Training:
1. Active Shooter Response;
2. Enhanced Handgun Performance; and
3. Patrol Rifle;
(i) Has passed the marksmanship qualification requirement for a retired peace officer as specified in
KRS 237.140;
(j) Has been honorably discharged from the Armed Forces of the United States within the five (5) years
immediately preceding an initial contract to be a guardian as evidenced by a Department of Defense
form DD 214, or is a retired Kentucky state trooper, retired special or sworn law enforcement officer,
or former federal law enforcement officer. Each agency that employed a retired Kentucky state
trooper, retired special law enforcement officer, or sworn law enforcement officer shall provide to the ACTS OF THE GENERAL ASSEMBLY 2
retired individual proof of prior employment in a prompt and efficient manner, without charge to the
individual; and
(k) Has met any other requirements imposed by the local board of education, which may include but are
not limited to a preemployment written examination.
(4) Each guardian shall be required to complete annual firearm proficiency testing and shall meet the standard
in the same manner as set forth in KRS 237.140(4)(a) to (c).
(5) Each guardian shall be required to complete the course requirements for School Resource Officer Training
I (SRO I) as set forth in subsection (8) of Section 4 of this Act.
(6) The employing local board of education may require the completion of any additional courses and training
as determined to be necessary by the board.
(7) Any cost associated with subsections (3) to (6) of this section shall be the responsibility of the guardian
unless otherwise agreed to by the employing local board of education. The Kentucky Law Enforcement
Council shall not charge more to guardians for tests, assessments, or training completed than what is
customarily charged to any other type of applicant tested, assessed, or trained by the council.
(8) A local board of education employing a guardian shall collaborate with the local police department, local
sheriff, area post of the Department of Kentucky State Police, and the state school security marshal in order
to adopt school district policy regarding:
(a) The job description of the guardian, including but not limited to the scope of duties, responsibilities,
and direct supervisor of the guardian;
(b) The uniform to be worn by guardians that would best suit the needs of the schools while also
allowing outside agencies to easily identify guardians;
(c) The procedures, processes, and chain of command to be used during an emergency in which law
enforcement agencies are called to the school; and
(d) The type of firearm and ammunition to be used by the guardian, if any.
(9) A local board of education shall be immune from civil or criminal liability in all claims arising out of any
action of a guardian.
(10) Guardians shall possess all the immunities and defenses now available or hereafter made available under
state law to sheriffs, constables granted peace officer powers, and police officers in any suit brought against
them in consequence of acts done in the course of their employment.
(11) Nothing in this section requires a local board of education to hire or provide guardians. Participation by a
local board of education in the use of a guardian is voluntary and subject to the availability of local school
district funds. Any local board of education that opts to participate shall do so at its own expense.
Section 2. KRS 158.442 is amended to read as follows:
(1) The General Assembly hereby authorizes the establishment of the Center for School Safety. The center's
mission shall be to serve as the central point for data analysis; research; dissemination of information about
successful school safety and school security programs, best practices, training standards, research results, and
new programs; and, in collaboration with the Department of Education and others, to provide technical
assistance for safe schools.
(2) To fulfill its mission, the Center for School Safety shall:
(a) Establish a clearinghouse for information and materials concerning school violence prevention;
(b) Provide program development and implementation expertise and technical support to schools, law
enforcement agencies, and communities, which may include coordinating training for administrators,
teachers, students, parents, and other community representatives;
(c) Analyze the data collected in compliance with KRS 158.444;
(d) Research and evaluate school safety programs so schools and communities are better able to address
their specific needs;
(e) Administer a school safety grant program for local districts as directed by the General Assembly; CHAPTER 165
Legislative Research Commission PDF Version
3
(f) Promote the formation of interagency efforts to address discipline and safety issues within communities
throughout the state in collaboration with other postsecondary education institutions and with local
juvenile delinquency prevention councils;
(g) Prepare and disseminate information regarding best practices in creating safe and effective schools;
(h) Advise the Kentucky Board of Education on administrative policies and administrative regulations
relating to school safety and security;
(i) [Beginning July 1, 2020 and ]By July 1 of each[ subsequent] year, provide an annual report to the
Governor, the Kentucky Board of Education, and the Interim Joint Committee on Education regarding
the status of school safety in Kentucky, including the number and placement of school resource officers
working in school districts in Kentucky and the source of funding and method of employment for each
position in accordance with KRS 158.4414;
(j) Develop and implement a school safety coordinator training program based on national and state best
practices in collaboration with the Kentucky Department of Education for school safety coordinators
appointed pursuant to KRS 158.4412. The training shall be approved by the board of directors of the
Center for School Safety and include instruction on at least the following:
1. Policies and procedures for conducting emergency response drills using an all-hazards approach
including hostage and active shooter situations;
2. Identification and response to threats to school safety and security; and
3. Preparing for, conducting, and reviewing school security risk assessments in accordance with
KRS 158.4410;[ and]
(k) Develop and implement a system to provide certification to school districts that the center has verified
that:
1. A potential Kentucky guardian, as defined in Section 1 of this Act, has met all of the
requirements of subsection (3) of Section 1 of this Act; and
2. Individuals employed as guardians meet the requirements of subsections (4) and (5) of Section
1 of this Act, as necessary;
(l) If funds are available, employ an individual whose job responsibilities include oversight of the
guardian program, including but not limited to:
1. The requirements of paragraph (k) of this subsection; and
2. The creation of model policy to be used by local boards of education when adopting the
policies in subsection (8) of Section 1 of this Act;
(m) Administer and oversee the School Mapping Data Program established pursuant to Section 11 of this
Act; and
(n) Award a school safety coordinator certificate of completion to a school safety coordinator upon
satisfactory completion of the training program.
(3) The Center for School Safety shall be governed by a board of directors consisting of fifteen (15) members.
Members shall consist of:
(a) The commissioner or a designee of the Department of Education;
(b) The secretary or a designee of the Cabinet for Health and Family Services;
(c) The commissioner or a designee of the Department for Behavioral Health, Developmental and
Intellectual Disabilities;
(d) The commissioner or a designee of the Department of Kentucky State Police;
(e) The commissioner or a designee of the Department of Criminal Justice Training;
(f) The executive director or a designee of the Kentucky Office of Homeland Security;
(g) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky League of Cities; ACTS OF THE GENERAL ASSEMBLY 4
(h) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky School Boards Association;
(i) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky Association of School Superintendents;
(j) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky Association of School Resource Officers;
(k) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky Education Association;
(l) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky School Nurses Association;
(m) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky Association for Psychology in the Schools;
(n) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky School Counselor Association; and
(o) A representative which shall be appointed by the Governor from one (1) list of three (3) names
submitted by the Kentucky Parent Teacher Association.
(4) Notwithstanding KRS 12.028, the Center for School Safety and its board of directors shall not be subject to
reorganization by the Governor.
Section 3. KRS 158.441 is amended to read as follows:
As used in this chapter[, unless the context requires otherwise]:
(1) "Intervention services" means any preventive, developmental, corrective, supportive services or treatment
provided to a student who is at risk of school failure, is at risk of participation in violent behavior or juvenile
crime, or has been expelled from the school district. Services may include, but are not limited to, screening to
identify students at risk for emotional disabilities and antisocial behavior; direct instruction in academic,
social, problem solving, and conflict resolution skills; alternative educational programs; psychological
services; identification and assessment of abilities; counseling services; medical services; day treatment;
family services; work and community service programs;
(2) "Kentucky State Police school resource officer" or "KSPSRO" means a Kentucky State Police officer, CVE R
Class, or Trooper R Class, as defined in KRS 16.010, who is employed by a school district as a school
resource officer, as defined in this section, through a contract as secondary employment for the officer;
(3) "School activities" means official school functions held on school property, including student attendance days
as defined in KRS 158.070, athletic events, and graduation;
(4) "School property" means any public school building, public school vehicle, public school campus, grounds,
recreational area, or athletic field in the charge of the school district;
(5) "School resource officer" or "SRO" means an officer whose primary job function is to work with youth at a
school site as described in KRS 158.4414, who has specialized training to work with youth at a school site
pursuant to KRS 158.4414, and who is:
(a) 1. A sworn law enforcement officer certified under KRS 15.380 to 15.404;
2. A special law enforcement officer appointed pursuant to KRS 61.902 and certified under KRS
15.380 to 15.404; or
3. A police officer appointed pursuant to KRS 158.471; and
(b) Employed:
1. Through a contract between a local law enforcement agency and a school district;
2. Through a contract as secondary employment for an officer, as defined in KRS 16.010, between
the Department of Kentucky State Police and a school district; or
3. Directly by a local board of education; CHAPTER 165
Legislative Research Commission PDF Version
5
(6) "School safety" means a program of prevention that protects students and staff from substance abuse, violence,
bullying, theft, the sale or use of illegal substances, exposure to weapons and threats on school grounds, and
injury from severe weather, fire, and natural disasters; and
(7) "School security" means procedures followed and measures taken to ensure the security of school buildings,
classrooms, and other school facilities and properties.
Section 4. KRS 158.4414 is amended to read as follows:
(1) Local boards of education, school district superintendents, administrators of state-controlled facilities, and
local and state law enforcement agencies shall cooperate to assign[, by August 1, 2022,] one (1) or more
certified school resource officers to serve each campus where one (1) or more school buildings are used to
deliver instruction to students on a continuous basis.
(2) Local boards of education shall ensure, for each campus in the district, that at least one (1) certified school
resource officer is assigned to and working on-site full-time in the school building or buildings on the campus.
If sufficient funds and qualified personnel are not available for this purpose for every campus, the local board
of education shall fulfill the requirements of this subsection on a per campus basis, as approved in writing by
the state school security marshal, until a certified school resource officer is assigned to and working on-site
full-time on each campus in the district.
(3) Beginning with the 2025-2026 school year, a local board of education that is unable to meet the
requirement of subsection (2) of this section may, after consultation with and approval by the state school
security marshal, employ one (1) or more guardians pursuant to Section 1 of this Act to provide safety and
security measures for schools within the district. The use of guardians under this subsection shall not be
used to replace the certified school resource officer required under subsection (2) of this section, but only to
provide safety and security resources until a certified school resource officer is available.
(4) Beginning with the 2025-2026 school year, a local board of education that has met the requirement of
subsection (2) of this section may employ one (1) or more guardians pursuant to Section 1 of this Act to
provide additional school safety and security measures within the district.
(5) Local boards of education utilizing a school resource officer employed by a law enforcement agency or the
Department of Kentucky State Police shall enter into a memorandum of understanding with the law
enforcement agency or the Department of Kentucky State Police that specifically states the purpose of the
school resource officer program and clearly defines the roles and expectations of each party involved in the
program. The memorandum shall provide that the school resource officer shall not be responsible for school
discipline matters that are the responsibility of school administrators or school employees.
(6)[(4)] Local boards of education utilizing a school resource officer employed directly by the local board of
education shall adopt policies and procedures that specifically state the purpose of the school resource officer
program and clearly define the roles and expectations of school resource officers and other school employees.
(7)[(5)] In accordance with KRS 61.926, 527.020, and 527.070, as applicable, each school resource officer shall
be armed with a firearm, notwithstanding any provision of local board policy, local school council policy, or
memorandum of agreement.
(8)[(6)] [On or before January 1, 2020, ]The Kentucky Law Enforcement Council, in collaboration with the
Center for School Safety, shall promulgate administrative regulations in accordance with KRS Chapter 13A to
establish, update, and maintain three (3) levels of training for certification of school resource officers as
follows[ first employed as a school resource officer on or after March 11, 2019]: School Resource Officer
Training I (SRO I), School Resource Officer Training II (SRO II), and School Resource Officer Training III
(SRO III). Each level shall consist of forty (40) hours of training, with SRO I to be completed within one (1)
year of the date of the officer's employment and SRO II and SRO III within the subsequent two (2) years.
(9)[(7)] Course curriculum for school resource officers [employed on or after March 11, 2019, ]shall include but
not be limited to:
(a) Foundations of school-based law enforcement;
(b) Threat assessment and response;
(c) Youth drug use and abuse;
(d) Social media and cyber security; ACTS OF THE GENERAL ASSEMBLY 6
(e) School resource officers as teachers and mentors;
(f) Youth mental health awareness;
(g) Diversity and bias awareness training;
(h) Trauma-informed action;
(i) Understanding students with special needs; and
(j) De-escalation strategies.
(10)[(8)] [Effective January 1, 2020, ]All school resource officers with active school resource officer certification
status shall successfully complete forty (40) hours of annual in-service training that has been certified or
recognized by the Kentucky Law Enforcement Council for school resource officers.
(11)[(9)] In the event of extenuating circumstances beyond the control of an officer that prevent the officer from
completing the in-service training within one (1) year, the commissioner of the Department of Criminal Justice
Training or a designee may grant the officer an extension of time, not to exceed one hundred eighty (180)
days, in which to complete the training.
(12)[(10)] Any school resource officer who fails to successfully complete training requirements within the
specified time periods, including any approved time extensions, shall lose his or her school resource officer
certification and shall no longer serve in the capacity of a school resource officer in a school.
(13)[(11)] When a school resource officer is deficient in required training, the commissioner of the Department of
Criminal Justice Training or his or her designee shall notify the council, which shall notify the officer and the
officer's employing agency.
(14)[(12)] A school resource officer who has lost school resource officer certification due solely to the officer's
failure to meet the training requirements of this section may regain certification status as a school resource
officer and may resume service in the capacity of a school resource officer in a school setting upon successful
completion of the training deficiency.
(15)[(13)] No later than November 1 of each year, the local school district superintendent shall report to the Center
for School Safety the number and placement of school resource officers in the district. The report shall include
the source of funding and method of employment for each position.
(16)[(14)] Nothing in this section shall be interpreted or construed to require a local government or any of its
agencies or offices to fund the school resource officer positions required of local boards of education under
this section. For purposes of this subsection, "local government" has the same meaning as in KRS 65.8840.
(17)[(15)] Nothing in this section shall prevent a private or parochial school from entering into a memorandum of
understanding with a local law enforcement agency or the Department of Kentucky State Police to provide
school resource officers employed by the local law enforcement agency or the Department of Kentucky State
Police.
Section 5. KRS 158.4416 is amended to read as follows:
(1) For purposes of this section:
(a) "Direct services" means in-person or virtual services provided directly to a student by a school
counselor, including but not limited to individual counseling, group counseling, and individual
student planning, scheduling, and registration;
(b) "Indirect services" means services provided on behalf of a student as a result of interactions with
others, including but not limited to consultation and collaboration with parents, teachers, and other
educators;
(c) "School counselor" means an individual who holds a valid school counselor certificate issued in
accordance with the administrative regulations of the Education Professional Standards Board;
(d)[(b)] "School psychologist" means an individual who holds a valid school psychology certificate
issued in accordance with the administrative regulations of the Education Professional Standards
Board;
(e) "School social worker" means an individual who holds a valid school social work certificate issued
in accordance with the administrative regulations of the Education Professional Standards Board; CHAPTER 165
Legislative Research Commission PDF Version
7
(f) "School-based mental health services provider" means a [licensed or ]certified school counselor, school
psychologist, school social worker, or other qualified mental health professional as defined in KRS
202A.011;[ and]
(g)[(c)] "Trauma" means physical, emotional, or life-threatening harm; and
(h) "Trauma-informed approach" means incorporating principles of trauma awareness and trauma-informed
practices[, as recommended by the federal Substance Abuse and Mental Health Services
Administration,] in a school in order to foster a safe, stable, and understanding learning environment for
all students and staff and ensuring that all students are known well by at least one (1) adult in the school
setting.
(2) The General Assembly recognizes that all schools must provide a place for students to feel safe and supported
to learn throughout the school day, and that any trauma a student may have experienced can have a significant
impact on the ability of a student to learn. The General Assembly directs all public schools to adopt a trauma-
informed approach to education in order to better recognize, understand, and address the learning needs of
students impacted by trauma and to foster a learning environment where all students, including those who have
been traumatized, can be safe, successful, and known well by at least one (1) adult in the school setting. The
requirements of this subsection shall apply to public charter schools as a health and safety requirement
under KRS 160.1592(1).
(3) (a) [Beginning July 1, 2021, or ]As funds and qualified personnel become available:
1. Each school district and each public charter school shall employ at least one (1) school counselor
in each school with the goal of the school counselor spending at least sixty percent (60%) or
more of his or her time providing direct services[counseling and related services directly] to
students and no more than forty percent (40%) of his or her time providing indirect services to
students; and
2. It shall be the goal that each school district and each public charter school shall provide at least
one (1) school counselor or school-based mental health services provider who is employed by the
school district for every two hundred fifty (250) students, including but not limited to the school
counselor required in subparagraph 1. of this paragraph.
(b) A school counselor or school-based mental health services provider at each school shall be the
facilitator[facilitate the creation] of a trauma-informed team to identify and assist students whose
learning, behavior, and relationships have been impacted by trauma. The trauma-informed team may
consist of school administrators, school counselors, school psychologists, school social workers,
school-based mental health services providers, community-based mental health services providers
hired by the district, family resource and youth services coordinators, school nurses, school resource
officers, and any other school or district personnel.
(c) The trauma-informed team shall:
1. Provide assistance to school personnel to enable them to support students whose learning,
behavior, and relationships have been impacted by trauma;
2. Identify ways to recognize and respond to mental health issues in all students;
3. Identify ways to build resiliency and wellness in all students;
4. Compile an annual record of its activities during the course of the school year to be used in
the annual comprehensive school improvement plan process required by 703 KAR 5:225; and
5. Submit the record created in accordance with subparagraph 4. of this paragraph to the
department.
(d)[(c)] Each school counselor or school-based mental health services provider providing services
pursuant to this section, and the trauma-informed team members described in paragraph (b) of this
subsection, shall provide training, guidance, and assistance to other administrators, teachers, and staff
on:
1. Recognizing symptoms of trauma in students;
2. Utilizing interventions and strategies to support the learning needs of those students; and ACTS OF THE GENERAL ASSEMBLY 8
3. Implementing the[a] plan for a trauma-informed approach as described in subsection (5) of this
section.
(e)[(d)] 1. School districts may employ or contract for the services of school-based mental health
services providers to assist with the development and implementation of a trauma-informed
approach and the development of a trauma-informed team pursuant to this subsection and to
enhance or expand student mental health support services as funds and qualified personnel
become available.
2. School-based mental health services providers may provide services through a collaboration
between two (2) or more school districts or between school districts and educational cooperatives
or any other public or private entities, including but not limited to local or regional mental health
day treatment programs.
(f)[(e)] No later than November 1 of each year,[ 2022, and each subsequent year,] the local school
district superintendent shall report to the department the number of school-based mental health service
providers, the position held, placement in the district, certification or licensure held, the source of
funding for each position, a summary of the job duties and work undertaken by each school-based
mental health service provider, and the approximate percent of time devoted to each duty over the
course of the year.
(g)[(f)] The department shall annually compile and maintain a list of school-based mental health service
providers by district which shall include the information required in paragraph (f)[(e)] of this
subsection.
(h)[(g)] No later than June 1 of each year, [2023, and each subsequent year, ]the department shall
provide the Interim Joint Committee on Education with the information reported by local school district
superintendents and compiled in accordance with paragraph (g)[(f)] of this subsection.
(4) [On or before July 1, 2020, ]The department[ of Education] shall make available a toolkit that includes
guidance, strategies, behavioral interventions, practices, and techniques to assist school districts and public
charter schools in developing a trauma-informed approach in schools.
(5) [On or before July 1, 2021, ]Each local board of education and board of a public charter school shall develop a
plan for implementing a trauma-informed approach in its schools. The plan shall include but not be limited to
strategies for:
(a) Enhancing trauma awareness throughout the school community;
(b) Conducting an assessment of the school climate, including but not limited to inclusiveness and respect
for diversity;
(c) Developing trauma-informed discipline policies;
(d) Collaborating with the Department of Kentucky State Police, the local sheriff, and the local chief of
police to create procedures for notification of trauma-exposed students; and
(e) Providing services and programs designed to reduce the negative impact of trauma, support critical
learning, and foster a positive and safe school environment for every student.
(6) The trauma-informed approach plan developed in accordance with subsection (5) of this section shall be
reviewed and updated annually, incorporated into the annual comprehensive district improvement plan
required by 703 KAR 5:225, and submitted to the department. The department shall annually provide a
summary of the trauma-informed approach strategies being used in districts to the board and the
Legislative Research Commission for referral to the Interim Joint Committee on Education.
SECTION 6. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
(1) The Kentucky Department of Education shall annually provide to the Kentucky Board of Education and the
Legislative Research Commission for referral to the Interim Joint Committee on Education a summary of
the data gathered pursuant to subsection (2)(a) to (c) of this section.
(2) The department shall:
(a) Collect the plans for a trauma-informed approach required by subsection (5) of Section 5 of this Act; CHAPTER 165
Legislative Research Commission PDF Version
9
(b) Compile information from the 2020-2021 school year and each year thereafter regarding Medicaid
billing for school-based mental health services provided by school-based or contracted mental health
services providers;
(c) Compile and monitor the number and types of mental health services providers who are providing
services in schools and the progress being made toward reaching the goal specified in subsection
(3)(a) of Section 5 of this Act; and
(d) Coordinate technical assistance, professional development, and evidence-based training of school
staff on childhood trauma-related experiences.
(3) The department shall collaborate with the Center for School Safety to develop model interagency
agreements between local school districts and other local public agencies, including but not limited to
health departments, departments of social services, mental health agencies, and courts, in order to provide
cooperative services and sharing of costs for services to students who are at risk of academic failure, at risk
of mental health crises, at risk of participation in juvenile crime, or who have been expelled from the school
district.
Section 7. KRS 158.443 is amended to read as follows:
(1) Each nonstate-government employee member of the board of directors for the Center for School Safety shall
serve a term of four (4) years or until his or her successor is duly qualified. A member may be reappointed, but
shall not serve more than two (2) consecutive terms.
(2) The members who are nonstate-government employees shall be reimbursed for travel, meals, and lodging and
expenses relating to official duties of the board from funds appropriated for this purpose.
(3) The board of directors shall meet a minimum of four (4) times per year. The board of directors shall be
attached to the Office of the Secretary of the Education and Labor Cabinet for administrative purposes.
(4) The board of directors shall annually elect a chair and vice chair from the membership. The board may form
committees as needed.
(5) The board of directors shall appoint an executive director for the Center for School Safety and establish all
positions for appointment by the executive director.
(6) Using a request-for-proposal process, the board of directors shall select a public university or a nonprofit
education entity to administer the Center for School Safety for a period of not less than four (4) years unless
funds for the center are not appropriated or the board determines that the administrator for the center is
negligent in carrying out its duties as specified in the request for proposal and contract. The administrator for
the center shall be the fiscal agent for the center and:
(a) Receive funds based on the approved budget by the board of directors and the General Assembly's
appropriation for the center. The center shall operate within the fiscal policies of the administrator of
the center and in compliance with policies established by the board of directors per the request for
proposal and contract; and
(b) Employ the staff of the center who shall have the retirement and employee benefits granted other
similar employees of the administrator of the center.
(7) The board of directors shall annually approve:
(a) A work plan for the center;
(b) A budget for the center;
(c) Operating policies as needed; and
(d) Recommendations for grants to local school districts and schools to assist in the development of
programs and individualized approaches to work with violent, disruptive, or academically at-risk
students, and consistent with provisions of KRS 158.445.
(8) The board of directors shall prepare a biennial budget request to support the Center for School Safety and to
provide program funds for local school district grants.
(9) The board of directors shall additionally: ACTS OF THE GENERAL ASSEMBLY 10
(a) Approve a school safety coordinator training program developed by the Center for School Safety in
accordance with KRS 158.442;
(b) Approve a school security risk assessment tool and updates as necessary in accordance with KRS
158.4410 to be incorporated by reference within an administrative regulation promulgated in
accordance with KRS Chapter 13A; and
(c) [Within one (1) year of March 11, 2019, ]Review the organizational structure and operations of the
Center for School Safety and provide recommendations, as needed, for improvements in its
organizational and operational performance.
(10) The board shall collaborate with the department as directed in subsection (3) of Section 6 of this Act, to
develop model interagency agreements between local school districts and other local public agencies,
including but not limited to[, among others], health departments, departments of social services, mental health
agencies, and courts, in order to provide cooperative services and sharing of costs for services to students who
are at risk of school failure, are at risk of participation in juvenile crime, or have been expelled from the school
district.
Section 8. KRS 158.4451 is amended to read as follows:
(1) [By July 1, 2019, ]The Kentucky Office of Homeland Security, after collaborating with the Center for School
Safety, the Kentucky Department of Education, the Department of Criminal Justice Training, and the
Department of Kentucky State Police, shall make available to each local school district an anonymous
reporting tool that allows students, parents, and community members to anonymously supply information
concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of these
activities, to appropriate public safety agencies and school officials. The reporting tool shall be accessible at
least by telephone call, electronic email[e-mail], and a mobile device application.
(2) The reporting tool shall notify the reporting individual of the following:
(a) The reporting individual may supply the information anonymously; and
(b) If the individual chooses to disclose his or her identity, that information shall be shared with the
appropriate law enforcement agency and school officials. Law enforcement and school officials shall be
required to maintain the information as confidential.
(3) Information reported using the tool shall immediately be sent to the administration of each school district
affected and the law enforcement agencies responsible for protection of those school districts, including but
not limited to the local sheriff's office, the local city police department, and the Kentucky State Police.
(4) Law enforcement dispatch centers, school districts, schools, and other entities identified by the Kentucky
Office of Homeland Security shall be made aware of the reporting tool.
(5) The Kentucky Office of Homeland Security, in collaboration with the Center for School Safety, the Kentucky
Department of Education, the Department of Criminal Justice Training, and the Department of Kentucky State
Police, shall develop and provide a comprehensive training and awareness program on the use of the
anonymous reporting tool.
(6) The Kentucky Office of Homeland Security shall maintain and update the anonymous reporting tool and
shall collaborate with the agencies listed in subsection (1) of this section prior to making substantial
changes to the tool.
(7) Each local school district shall provide an anonymous reporting tool that allows students, parents, and
community members to anonymously supply information concerning unsafe, potentially harmful,
dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety
agencies and school officials.
(8) In order to meet the requirement of subsection (7) of this section, local school districts shall:
(a) Use the anonymous reporting tool described in subsections (1) to (4) of this section; or
(b) 1. Provide an alternative anonymous reporting tool other than the tool made available pursuant
to subsection (1) of this section, as long as the chosen reporting tool satisfies all of the
requirements established in subsections (1) to (4) of this section; and
2. Develop and provide a comprehensive training and awareness program on the use of the
chosen anonymous reporting tool. CHAPTER 165
Legislative Research Commission PDF Version
11
Section 9. KRS 156.095 is amended to read as follows:
(1) The Kentucky Department of Education shall establish, direct, and maintain a statewide program of
professional development to improve instruction in the public schools.
(2) Each local school district superintendent shall appoint a certified school employee to fulfill the role and
responsibilities of a professional development coordinator who shall disseminate professional development
information to schools and personnel. Upon request by a school council or any employees of the district, the
coordinator shall provide technical assistance to the council or the personnel that may include assisting with
needs assessments, analyzing school data, planning and evaluation assistance, organizing districtwide
programs requested by school councils or groups of teachers, or other coordination activities.
(a) The manner of appointment, qualifications, and other duties of the professional development
coordinator shall be established by Kentucky Board of Education through promulgation of
administrative regulations.
(b) The local district professional development coordinator shall participate in the Kentucky Department of
Education annual training program for local school district professional development coordinators. The
training program may include, but not be limited to, the demonstration of various approaches to needs
assessment and planning; strategies for implementing long-term, school-based professional
development; strategies for strengthening teachers' roles in the planning, development, and evaluation
of professional development; and demonstrations of model professional development programs. The
training shall include information about teacher learning opportunities relating to the core content
standards. The Kentucky Department of Education shall regularly collect and distribute this
information.
(3) The Kentucky Department of Education shall provide or facilitate optional, professional development
programs for certified personnel throughout the Commonwealth that are based on the statewide needs of
teachers, administrators, and other education personnel. Programs may include classified staff and parents
when appropriate. Programs offered or facilitated by the department shall be at locations and times convenient
to local school personnel and shall be made accessible through the use of technology when appropriate. They
shall include programs that: address the goals for Kentucky schools as stated in KRS 158.6451, including
reducing the achievement gaps as determined by an equity analysis of the disaggregated student performance
data from the state assessment program developed under KRS 158.6453; engage educators in effective
learning processes and foster collegiality and collaboration; and provide support for staff to incorporate newly
acquired skills into their work through practicing the skills, gathering information about the results, and
reflecting on their efforts. Professional development programs shall be made available to teachers based on
their needs which shall include but not be limited to the following areas:
(a) Strategies to reduce the achievement gaps among various groups of students and to provide continuous
progress;
(b) Curriculum content and methods of instruction for each content area, including differentiated
instruction;
(c) School-based decision making;
(d) Assessment literacy;
(e) Integration of performance-based student assessment into daily classroom instruction;
(f) Nongraded primary programs;
(g) Research-based instructional practices;
(h) Instructional uses of technology;
(i) Curriculum design to serve the needs of students with diverse learning styles and skills and of students
of diverse cultures;
(j) Instruction in reading, including phonics, phonemic awareness, comprehension, fluency, and
vocabulary;
(k) Educational leadership; and
(l) Strategies to incorporate character education throughout the curriculum. ACTS OF THE GENERAL ASSEMBLY 12
(4) The department shall assist school personnel in assessing the impact of professional development on their
instructional practices and student learning.
(5) The department shall assist districts and school councils with the development of long-term school and district
improvement plans that include multiple strategies for professional development based on the assessment of
needs at the school level.
(a) Professional development strategies may include but are not limited to participation in subject matter
academies, teacher networks, training institutes, workshops, seminars, and study groups; collegial
planning; action research; mentoring programs; appropriate university courses; and other forms of
professional development.
(b) In planning the use of the four (4) days for professional development under KRS 158.070, school
councils and districts shall give priority to programs that increase teachers' understanding of curriculum
content and methods of instruction appropriate for each content area based on individual school plans.
The district may use up to one (1) day to provide district-wide training and training that is mandated by
state or federal law. Only those employees identified in the mandate or affected by the mandate shall be
required to attend the training.
(c) State funds allocated for professional development shall be used to support professional development
initiatives that are consistent with local school improvement and professional development plans and
teachers' individual growth plans. The funds may be used throughout the year for all staff, including
classified and certified staff and parents on school councils or committees. A portion of the funds
allocated to each school council under KRS 160.345 may be used to prepare or enhance the teachers'
knowledge and teaching practices related to the content and subject matter that are required for their
specific classroom assignments.
(6) (a) [By August 1, 2010, ]The Kentucky Cabinet for Health and Family Services shall post on its web page
evidence-based suicide prevention awareness information, to include recognizing the warning signs of a
suicide crisis. The web page shall include information related to suicide prevention training
opportunities offered by the cabinet or an agency recognized by the cabinet as a training provider.
(b) [By September 15 of each year, ]Every public school and public charter school shall provide two (2)
evidence-based suicide prevention awareness lessons each school year, the first by September 15 and
the second by January 15, either[information] in person, by live streaming, or via a video recording to
all students in grades six (6) through twelve (12). Every public school shall provide an opportunity for
any student absent on the day the evidence-based suicide prevention awareness lesson was initially
presented to receive the lesson at a later time. The information may be obtained from the Cabinet for
Health and Family Services or from a commercially developed suicide prevention training program.
(c) 1. Each school year[Beginning with the 2018-2019 school year, and every year thereafter], a
minimum of one (1) hour of high-quality evidence-based suicide prevention training, including
risk factors, warning signs, protective factors, response procedures, referral, postvention, and
the recognition of signs and symptoms of possible mental illness, shall be required for all school
district employees with job duties requiring direct contact with students in grades four (4)[six
(6)] through twelve (12). The training shall be provided either in person, by live streaming, or via
a video recording and may be included in the four (4) days of professional development under
KRS 158.070. As used in this subparagraph, "postvention" means a series of planned supports
and interventions with persons affected by a suicide for the purpose of facilitating the grieving
or adjustment process, stabilizing the environment, reducing the risk of negative behaviors,
and limiting the risk of further suicides through contagion.
2. When a staff member subject to the training under subparagraph 1. of this paragraph is initially
hired during a school year in which the training is not required, the local district shall provide
suicide prevention materials to the staff member for review.
(d) The requirements of paragraphs (b) and (c) of this subsection shall apply to public charter schools as a
health and safety requirement under KRS 160.1592(1).
(7) (a) By November 1 of each year,[ 2019, and November 1 of each year thereafter,] a minimum of one (1)
hour of training on how to respond to an active shooter situation shall be required for all school district
employees with job duties requiring direct contact with students. The training shall be provided either in
person, by live streaming, or via a video recording prepared by the Kentucky Department of Criminal
Justice Training in collaboration with the Kentucky Law Enforcement Council, the Kentucky CHAPTER 165
Legislative Research Commission PDF Version
13
Department of Education, and the Center for School Safety and may be included in the four (4) days of
professional development under KRS 158.070.
(b) When a staff member subject to the training requirements of this subsection is initially hired after the
training has been provided for the school year, the local district shall provide materials on how to
respond to an active shooter situation.
(c) The requirements of this subsection shall also apply to public charter schools as a health and safety
requirement under KRS 160.1592(1).
(8) (a) The Kentucky Department of Education shall develop and maintain a list of approved comprehensive
evidence-informed trainings on child abuse and neglect prevention, recognition, and reporting that
encompass child physical, sexual, and emotional abuse and neglect.
(b) The trainings shall be web-based or in-person and cover, at a minimum, the following topics:
1. Recognizing child physical, sexual, and emotional abuse and neglect;
2. Reporting suspected child abuse and neglect in Kentucky as required by KRS 620.030 and the
appropriate documentation;
3. Responding to the child; and
4. Understanding the response of child protective services.
(c) The trainings shall include a questionnaire or other basic assessment tool upon completion to document
basic knowledge of training components.
(d) Each local board of education shall adopt one (1) or more trainings from the list approved by the
Department of Education to be implemented by schools.
(e) [All current school administrators, certified personnel, office staff, instructional assistants, and coaches
and extracurricular sponsors who are employed by the school district shall complete the implemented
training or trainings by January 31, 2017, and then every two (2) years after.
(f) ]All school administrators, certified personnel, office staff, instructional assistants, and coaches and
extracurricular sponsors who are employed by the school district [hired after January 31, 2017, ]shall
complete the implemented training or trainings within ninety (90) days of being hired and then every
two (2) years after.
(f)[(g)] Every public school shall prominently display the statewide child abuse hotline number
administered by the Cabinet for Health and Family Services, and the National Human Trafficking
Reporting Hotline number administered by the United States Department for Health and Human
Services.
(g) The requirements of this subsection shall also apply to public charter schools as a health and safety
requirement under KRS 160.1592(1).
(9) The Department of Education shall establish an electronic consumer bulletin board that posts information
regarding professional development providers and programs as a service to school district central office
personnel, school councils, teachers, and administrators. Participation on the electronic consumer bulletin
board shall be voluntary for professional development providers or vendors, but shall include all programs
sponsored by the department. Participants shall provide the following information: program title; name of
provider or vendor; qualifications of the presenters or instructors; objectives of the program; program length;
services provided, including follow-up support; costs for participation and costs of materials; names of
previous users of the program, addresses, and telephone numbers; and arrangements required. Posting
information on the bulletin board by the department shall not be viewed as an endorsement of the quality of
any specific provider or program.
(10) The Department of Education shall provide training to address the characteristics and instructional needs of
students at risk of school failure and most likely to drop out of school. The training shall be developed to meet
the specific needs of all certified and classified personnel depending on their relationship with these students.
The training for instructional personnel shall be designed to provide and enhance skills of personnel to:
(a) Identify at-risk students early in elementary schools as well as at-risk and potential dropouts in the
middle and high schools; ACTS OF THE GENERAL ASSEMBLY 14
(b) Plan specific instructional strategies to teach at-risk students;
(c) Improve the academic achievement of students at risk of school failure by providing individualized and
extra instructional support to increase expectations for targeted students;
(d) Involve parents as partners in ways to help their children and to improve their children's academic
progress; and
(e) Significantly reduce the dropout rate of all students.
(11) The department shall establish teacher academies to the extent funding is available in cooperation with
postsecondary education institutions for elementary, middle school, and high school faculty in core disciplines,
utilizing facilities and faculty from universities and colleges, local school districts, and other appropriate
agencies throughout the state. Priority for participation shall be given to those teachers who are teaching core
discipline courses for which they do not have a major or minor or the equivalent. Participation of teachers shall
be voluntary.
(12) The department shall annually provide to the oversight council established in KRS 15A.063, the information
received from local schools pursuant to KRS 158.449.
Section 10. KRS 158.162 is amended to read as follows:
(1) As used in this section:
(a) "Emergency management response plan" or "emergency plan" means a written document to prevent,
mitigate, prepare for, respond to, and recover from emergencies; and
(b) "First responders" means local fire, police, and emergency medical personnel.
(2) (a) Each local board of education shall require the school council or, if none exists, the principal in each
school building in its jurisdiction to adopt an emergency plan. The emergency plan shall include:
1. Procedures to be followed in case of medical emergency, fire, severe weather, earthquake, or a
building lockdown as defined in KRS 158.164;
2. A written cardiac emergency response plan; and
3. A copy of the data created through the School Mapping Data Program pursuant to Section 11
of this Act or, if the school mapping data is unavailable, a diagram of the facility that clearly
identifies the location of each automated external defibrillator.
(b) The emergency plan shall be provided to appropriate first responders and all school staff.
(c) The emergency plan shall be reviewed following the end of each school year by the school nurse,
school council, the principal, and first responders and revised as needed.
(d) The principal shall discuss the emergency plan with all school staff prior to the first instructional day of
each school year and document the time and date of any discussion.
(e) The cardiac emergency response plan shall be rehearsed by simulation prior to the beginning of each
athletic season by all:
1. Licensed athletic trainers, school nurses, and athletic directors; and
2. Interscholastic coaches and volunteer coaches of each athletic team active during that athletic
season.
(f) The emergency plan shall be excluded from the application of KRS 61.870 to 61.884.
(3) Each local board of education shall require the school council or, if none exists, the principal in each school
building to:
(a) Establish primary and secondary evacuation routes for all rooms located within the school and shall
post the routes in each room by any doorway used for evacuation;
(b) Identify the best available severe weather safe zones, in consultation with local and state safety officials
and informed by guiding principles set forth by the National Weather Service and the Federal
Emergency Management Agency, and post the location of safe zones in each room of the school;
(c) Develop practices for students to follow during an earthquake; CHAPTER 165
Legislative Research Commission PDF Version
15
(d) Develop and adhere to practices to control the access to each school building. Practices shall include but
not be limited to:
1. Controlling outside access to exterior doors during the school day;
2. Controlling the main entrance of the school with electronically locking doors, a camera, and an
intercom system;
3. Controlling access to individual classrooms;
4. Requiring classroom doors to be equipped with hardware that allows the door to be locked from
the outside but opened from the inside;
5. Requiring classroom doors to remain closed and locked during instructional time, except:
a. In instances in which only one (1) student and one (1) adult are in the classroom; or
b. When approved in writing by the state school security marshal;
6. Requiring classroom doors with windows to be equipped with material to quickly cover the
window during a building lockdown;
7. Allowing for the use of secondary locking mechanisms on classroom doors, notwithstanding
any provisions of the Kentucky Building Code promulgated pursuant to KRS Chapter 198B to
the contrary;
8. Requiring all visitors to report to the front office of the building, provide valid identification, and
state the purpose of the visit; and
9.[8.] Providing a visitor's badge to be visibly displayed on a visitor's outer garment;
(e) Maintain a portable automated external defibrillator in a public, readily accessible, well-marked
location in every middle and high school building and, as funds become available, at school-sanctioned
middle and high school athletic practices and competitions and:
1. Adopt procedures for the use of the portable automated external defibrillator during an
emergency;
2. Adopt policies for compliance with KRS 311.665 to 311.669 on training, maintenance,
notification, and communication with the local emergency medical services system;
3. Ensure that a minimum of three (3) employees in the school and all interscholastic athletic
coaches be trained on the use of a portable automated external defibrillator in accordance with
KRS 311.667; and
4. Ensure that all interscholastic athletic coaches maintain a cardiopulmonary resuscitation
certification recognized by a national accrediting body on heart health; and
(f) Require development of an event-specific emergency action plan for each school-sanctioned nonathletic
event held off-campus to be used during a medical emergency, which may include the provision of a
portable automated external defibrillator. The plan shall:
1. Include a delineation of the roles of staff and emergency personnel, methods of communication,
any assigned emergency equipment including a portable automated external defibrillator, a
cardiac emergency response plan, and access to and plan for emergency transport; and
2. Be in writing and distributed to any member of school personnel attending the school-sanctioned
event in an official capacity.
(4) All schools shall be in compliance with the provisions of subsection (3)(d) of this section[ no later than July 1,
2022].
(5) (a) Each local board of education shall require the principal in each public school building in its
jurisdiction to conduct, at a minimum, emergency response drills to include:
1. One (1) severe weather drill, one (1) earthquake drill, and one (1) lockdown drill within the first
thirty (30) instructional days of each school year and again during the month of January; and ACTS OF THE GENERAL ASSEMBLY 16
2. The emergency response plan rehearsal by simulation required by subsection (2) of this section
and the venue-specific emergency action plan rehearsal by simulation required by KRS
160.445(5) prior to the beginning of each athletic season.
(b) Required fire drills shall be conducted according to administrative regulations promulgated by the
Department of Housing, Buildings and Construction. Whenever possible, first responders shall be
invited to observe emergency response drills.
(6) No later than November 1 of each school year, a local district superintendent shall send verification to the
Kentucky Department of Education that all schools within the district are in compliance with the requirements
of this section.
(7) A district with a school not in compliance with the requirements of subsection (3)(d) of this section by July 1,
2022, shall not be eligible for approval by the Kentucky Department of Education for new building
construction or expansion in the 2022-2023 school year and any subsequent year without verification of
compliance, except for facility improvements that specifically address the school safety and security
requirements of this section, when deemed necessary for the protection of student or staff health and safety, or
to comply with other legal requirements or orders.
SECTION 11. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section, "school mapping data" means mapping information provided in an electronic or a
digital format to assist first responders in responding to emergencies at schools.
(2) (a) The General Assembly does hereby establish the School Mapping Data Program to be administered
by the Center for School Safety. The Center for School Safety shall utilize available funds to develop
school mapping data for each public school, public charter school, and any private school that
requests to participate in the program. The program shall be administered by the Center for School
Safety pursuant to this section, which may include contracting for services pursuant to the relevant
provisions of the Kentucky Model Procurement Code in KRS Chapter 45A. The Center for School
Safety shall be responsible for ensuring that all funds received for and expended related to the
School Mapping Data Program are utilized for the purposes of school mapping.
(b) The Center for School Safety shall provide the data developed by the program to the state security
marshal, participating schools, participating districts, and local law enforcement and public safety
agencies for use in response to emergencies and for conducting drills required under subsection (5)
of Section 10 of this Act. The school mapping data shall be excluded from the application of KRS
61.870 to 61.884.
(c) The Center for School Safety shall apply for any federal grant funds that may be used to accomplish
the purposes of the program. The Center for School Safety may also solicit private funds to support
the program.
(3) The School Mapping Data Program shall establish a single verified source of mapping data for each
participating school campus in the state that is standardized, accurate, and accessible to public safety
agencies to ensure efficient response to any emergency on a school campus. The school mapping data
provided shall:
(a) Be compatible with software platforms used by local, county, state, and federal public safety agencies
that provide emergency services to the specific school for which the data is provided without
requiring such agencies to purchase additional software or requiring a fee to view or access the data;
(b) Be compatible with security software platforms in use by the participating school or district for which
the data is provided without requiring the school or district to purchase additional software or
requiring a fee to view or access the data;
(c) Be in a printable format and, if requested by a law enforcement or public safety agency or
participating school or district in addition to those described in paragraph (a) of this subsection, be in
a digital file format that can be integrated into interactive mobile platforms in use;
(d) Be verified by the Center for School Safety for accuracy by a walk-through of school buildings and
grounds;
(e) Be oriented to true north;
(f) Include accurate floor plans overlaid on current, verified aerial imagery of campus; CHAPTER 165
Legislative Research Commission PDF Version
17
(g) Contain site-specific labeling that matches the structure of school buildings that includes:
1. Room labels;
2. Hallway names or identifiers;
3. External door or stairwell numbers;
4. Locations of hazards;
5. Critical utility locations;
6. Key boxes;
7. Automated external defibrillators; and
8. Trauma kits;
(h) Contain site-specific labeling that matches the school grounds that includes:
1. Parking areas;
2. Athletic fields;
3. Surrounding roads; and
4. Neighboring properties;
(i) Be overlaid with a gridded coordinate system;
(j) Not be modified or updated independently without corresponding updates to school mapping data
within software platforms used by local, county, state, and federal public safety agencies that provide
emergency services to the specific school; and
(k) Provide to public safety agencies and participating schools or districts the school mapping data
developed pursuant to the program perpetually and at no cost to the public safety agencies or
participating schools or districts.
(4) A participating school district or campus shall not be required to adopt new school mapping data if, as of
July 1, 2024, the school district or campus previously implemented school mapping data with capabilities
that meet the requirements of subsection (3)(a) to (k) of this section.
Section 12. KRS 158.4412 is amended to read as follows:
(1) Beginning with the 2019-2020 school year, each local school district superintendent shall appoint an
individual to serve as the district's school safety coordinator and primary point of contact for public school
safety and security functions.
(2) The district's school safety coordinator shall:
(a) Complete the school safety coordinator training program developed by the Center for School Safety
within six (6) months of his or her date of appointment;
(b) Designate a school safety and security threat assessment team at each school of the district consisting of
two (2) or more staff members in accordance with policies and procedures adopted by the local board of
education to identify and respond to students exhibiting behavior that indicates a potential threat to
school safety or security. Members of a threat assessment team may include school administrators,
school counselors, school resource officers, school-based mental health services providers, teachers,
and other school personnel;
(c) Provide training to school principals within the district on procedures for completion of the school
security risk assessment required pursuant to KRS 158.4410;
(d) Review all school security risk assessments completed within the district and prescribe
recommendations as needed in consultation with the state school security marshal;
(e) Advise the local school district superintendent by July 1, 2021, and annually thereafter of completion of
required security risk assessments; ACTS OF THE GENERAL ASSEMBLY 18
(f) Formulate recommended policies and procedures, which shall be excluded from the application of KRS
61.870 to 61.884, for an all-hazards approach including conducting emergency response drills for
hostage, active shooter, and building lockdown situations in consultation and coordination with
appropriate public safety agencies to include but not be limited to fire, police, and emergency medical
services for review and adoption as part of the school emergency plan required by KRS 158.162. The
recommended policies shall encourage the involvement of students, as appropriate, in the development
of the school's emergency plan;[ and]
(g) Maintain the district's copies of the school mapping data created through the School Mapping Data
Program pursuant to Section 11 of this Act to be made available to appropriate public safety
agencies, but which shall be excluded from the application of KRS 61.870 to 61.884; and
(h)[(g)] Ensure each school campus is toured at least once per school year, in consultation and
coordination with appropriate public safety agencies, to review policies and procedures and provide
recommendations related to school safety and security.
(3) The school district, school safety coordinator, and any school employees participating in the activities of a
school safety and security threat assessment team, acting in good faith upon reasonable cause in the
identification of students pursuant to subsection (2)(b) of this section shall be immune from any civil or
criminal liability that might otherwise be incurred or imposed from:
(a) Identifying the student and implementing a response pursuant to policies and procedures adopted under
subsection (2)(b) of this section; or
(b) Participating in any judicial proceeding that results from the identification.
Section 13. KRS 61.637 is amended to read as follows:
(1) A retired member who is receiving monthly retirement payments under any of the provisions of KRS 61.510 to
61.705 and 78.510 to 78.852 and who is reemployed as an employee by a participating agency prior to August
1, 1998, shall have his or her retirement payments suspended for the duration of reemployment. Monthly
payments shall not be suspended for a retired member who is reemployed if he or she anticipates that he or she
will receive less than the maximum permissible earnings as provided by the Federal Social Security Act in
compensation as a result of reemployment during the calendar year. The payments shall be suspended at the
beginning of the month in which the reemployment occurs.
(2) Employer and employee contributions shall be made as provided in KRS 61.510 to 61.705 and 78.510 to
78.852 on the compensation paid during reemployment, except where monthly payments were not suspended
as provided in subsection (1) of this section or would not increase the retired member's last monthly retirement
allowance by at least one dollar ($1), and the member shall be credited with additional service credit.
(3) In the month following the termination of reemployment, retirement allowance payments shall be reinstated
under the plan under which the member was receiving payments prior to reemployment.
(4) (a) Notwithstanding the provisions of this section, the payments suspended in accordance with subsection
(1) of this section shall be paid retroactively to the retired member, or his or her estate, if he or she does
not receive more than the maximum permissible earnings as provided by the Federal Social Security
Act in compensation from participating agencies during any calendar year of reemployment.
(b) If the retired member is paid suspended payments retroactively in accordance with this section,
employee contributions deducted during his or her period of reemployment, if any, shall be refunded to
the retired employee, and no service credit shall be earned for the period of reemployment.
(c) If the retired member is not eligible to be paid suspended payments for his or her period of
reemployment as an employee, his or her retirement allowance shall be recomputed under the plan
under which the member was receiving payments prior to reemployment as follows:
1. The retired member's final compensation shall be recomputed using creditable compensation for
his or her period of reemployment; however, the final compensation resulting from the
recalculation shall not be less than that of the member when his or her retirement allowance was
last determined;
2. If the retired member initially retired on or subsequent to his or her normal retirement date, his or
her retirement allowance shall be recomputed by using the formula in KRS 61.595(1); CHAPTER 165
Legislative Research Commission PDF Version
19
3. If the retired member initially retired prior to his or her normal retirement date, his or her
retirement allowance shall be recomputed using the formula in KRS 61.595(2), except that the
member's age used in computing benefits shall be his or her age at the time of his or her initial
retirement increased by the number of months of service credit earned for service performed
during reemployment;
4. The retirement allowance payments resulting from the recomputation under this subsection shall
be payable in the month following the termination of reemployment in lieu of payments under
subparagraph 3. of this paragraph. The member shall not receive less in benefits as a result of the
recomputation than he or she was receiving prior to reemployment or would receive as
determined under KRS 61.691; and
5. Any retired member who was reemployed prior to March 26, 1974, shall begin making
contributions to the system in accordance with the provisions of this section on the first day of
the month following March 26, 1974.
(5) A retired member, or his or her estate, shall pay to the retirement fund the total amount of payments which are
not suspended in accordance with subsection (1) of this section if the member received more than the
maximum permissible earnings as provided by the Federal Social Security Act in compensation from
participating agencies during any calendar year of reemployment, except the retired member or his or her
estate may repay the lesser of the total amount of payments which were not suspended or fifty cents ($0.50) of
each dollar earned over the maximum permissible earnings during reemployment if under age sixty-five (65),
or one dollar ($1) for every three dollars ($3) earned if over age sixty-five (65).
(6) (a) "Reemployment" or "reinstatement" as used in this section shall not include a retired member who has
been ordered reinstated by the Personnel Board under authority of KRS 18A.095.
(b) A retired member who has been ordered reinstated by the Personnel Board under authority of KRS
18A.095 or by court order or by order of the Human Rights Commission and accepts employment by an
agency participating in the Kentucky Employees Retirement System or County Employees Retirement
System shall void his or her retirement by reimbursing the system in the full amount of his or her
retirement allowance payments received.
(7) (a) Effective August 1, 1998, the provisions of subsections (1) to (4) of this section shall no longer apply to
a retired member who is reemployed in a position covered by the same retirement system from which
the member retired. Reemployed retired members shall be treated as new members upon reemployment.
Any retired member whose reemployment date preceded August 1, 1998, who does not elect, within
sixty (60) days of notification by the retirement systems, to remain under the provisions of subsections
(1) to (4) of this section shall be deemed to have elected to participate under this subsection.
(b) A retired member whose disability retirement was discontinued pursuant to KRS 61.615 and who is
reemployed in one (1) of the systems administered by the Kentucky Retirement Systems or County
Employees Retirement System prior to his or her normal retirement date shall have his or her accounts
combined upon termination for determining eligibility for benefits. If the member is eligible for
retirement, the member's service and creditable compensation earned as a result of his or her
reemployment shall be used in the calculation of benefits, except that the member's final compensation
shall not be less than the final compensation last used in determining his or her retirement allowance.
The member shall not change beneficiary or payment option designations. This provision shall apply to
members reemployed on or after August 1, 1998.
(8) If a retired member accepts employment or begins serving as a volunteer with an employer participating in the
systems administered by Kentucky Retirement Systems or County Employees Retirement System within
twelve (12) months of his or her retirement date, the retired member shall notify the Authority and the
participating employer shall submit the information required or requested by the Authority to confirm the
individual's employment or volunteer status. The retired member shall not be required to notify the Authority
regarding any employment or volunteer service with a participating agency that is accepted after twelve (12)
months following his or her retirement date.
(9) If the retired member is under a contract to provide services as an independent contractor or leased employee
to an employer participating in the systems administered by Kentucky Retirement Systems or County
Employees Retirement System within twelve (12) months of his or her retirement date, the member shall
submit a copy of that contract to the Authority, and the Authority shall determine if the member is an ACTS OF THE GENERAL ASSEMBLY 20
independent contractor or leased employee for purposes of retirement benefits. The retired member and the
participating employer shall submit the information required or requested by the Authority to confirm the
individual's status as an independent contractor or leased employee. The retired member shall not be required
to notify the Authority regarding any services entered into as an independent contractor or leased employee
with a participating agency that the employee enters into after twelve (12) months following his or her
retirement date.
(10) If a member is receiving a retirement allowance, or has filed the forms required for a retirement allowance, and
is employed within one (1) month of the member's initial retirement date in a position that is required to
participate in the same retirement system from which the member retired, the member's retirement shall be
voided and the member shall repay to the retirement system all benefits received. The member shall contribute
to the member account established for him or her prior to his or her voided retirement. The retirement
allowance for which the member shall be eligible upon retirement shall be determined by total service and
creditable compensation.
(11) (a) If a member of the Kentucky Employees Retirement System retires from a department which
participates in more than one (1) retirement system and is reemployed within one (1) month of his or
her initial retirement date by the same department in a position participating in another retirement
system, the retired member's retirement allowance shall be suspended for the first month of his or her
retirement, and the member shall repay to the retirement system all benefits received for the month.
(b) A retired member of the County Employees Retirement System who after initial retirement is hired by
the county from which the member retired shall be considered to have been hired by the same
employer.
(12) (a) If a hazardous member who retired prior to age fifty-five (55), or a nonhazardous member who retired
prior to age sixty-five (65), is reemployed within six (6) months of the member's termination by the
same employer, the member shall obtain from his or her previous and current employers a copy of the
job description established by the employers for the position and a statement of the duties performed by
the member for the position from which he or she retired and for the position in which he or she has
been reemployed.
(b) The job descriptions and statements of duties shall be filed with the retirement office.
(13) If the retirement system determines that the retired member has been employed in a position with the same
principal duties as the position from which the member retired:
(a) The member's retirement allowance shall be suspended during the period that begins on the month in
which the member is reemployed and ends six (6) months after the member's termination;
(b) The retired member shall repay to the retirement system all benefits paid from systems administered by
Kentucky Retirement Systems or County Employees Retirement System under reciprocity, including
medical insurance benefits, that the member received after reemployment began;
(c) Upon termination, or subsequent to expiration of the six (6) month period from the date of termination,
the retired member's retirement allowance based on his or her initial retirement account shall no longer
be suspended, and the member shall receive the amount to which he or she is entitled, including an
increase as provided by KRS 61.691;
(d) Except as provided in subsection (7) of this section, if the position in which a retired member is
employed after initial retirement is a regular full-time position, the retired member shall contribute to a
second member account established for him or her in the retirement system. Service credit gained after
the member's date of reemployment shall be credited to the second member account; and
(e) Upon termination, the retired member shall be entitled to benefits payable from his or her second
retirement account.
(14) (a) If the retirement system determines that the retired member has not been reemployed in a position with
the same principal duties as the position from which he or she retired, the retired member shall continue
to receive his or her retirement allowance.
(b) If the position is a regular full-time position, the member shall contribute to a second member account
in the retirement system.
(15) (a) If a retired member is reemployed at least one (1) month after initial retirement in a different position,
or at least six (6) months after initial retirement in the same position, and prior to normal retirement age, CHAPTER 165
Legislative Research Commission PDF Version
21
the retired member shall contribute to a second member account in the retirement system and continue
to receive a retirement allowance from the first member account.
(b) Service credit gained after reemployment shall be credited to the second member account. Upon
termination, the retired member shall be entitled to benefits payable from the second member account.
(16) A retired member who is reemployed and contributing to a second member account shall not be eligible to
purchase service credit under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to
78.852 which he or she was eligible to purchase prior to his or her initial retirement.
(17) Notwithstanding any provision of subsections (1) to (7)(a) and (10) to (15) of this section, the following shall
apply to retired members who are reemployed by an agency participating in one (1) of the systems
administered by Kentucky Retirement Systems or County Employees Retirement System on or after
September 1, 2008:
(a) If a member is receiving a retirement allowance from one (1) of the systems administered by Kentucky
Retirement Systems or County Employees Retirement System, or has filed the forms required to receive
a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or
County Employees Retirement System, and is employed in a regular full-time position required to
participate in one (1) of the systems administered by Kentucky Retirement Systems or County
Employees Retirement System or is employed in a position that is not considered regular full-time with
an agency participating in one (1) of the systems administered by Kentucky Retirement Systems or
County Employees Retirement System within one (1) month following the member's initial retirement
date, the member's retirement shall be voided, and the member shall repay to the retirement system all
benefits received, including any health insurance benefits. If the member is returning to work in a
regular full-time position required to participate in one (1) of the systems administered by Kentucky
Retirement Systems:
1. The member shall contribute to a member account established for him or her in one (1) of the
systems administered by Kentucky Retirement Systems or County Employees Retirement
System, and employer contributions shall be paid on behalf of the member by the participating
employer; and
2. Upon subsequent retirement, the member shall be eligible for a retirement allowance based upon
total service and creditable compensation, including any additional service or creditable
compensation earned after his or her initial retirement was voided;
(b) If a member is receiving a retirement allowance from one (1) of the systems administered by Kentucky
Retirement Systems or County Employees Retirement System and is employed in a regular full-time
position required to participate in one (1) of the systems administered by Kentucky Retirement Systems
or County Employees Retirement System after a one (1) month period following the member's initial
retirement date, the member may continue to receive his or her retirement allowance during the period
of reemployment subject to the following provisions:
1. If a member is reemployed by a participating agency within twelve (12) months of the member's
retirement date, the participating agency shall certify in writing on a form prescribed by the
Authority that no prearranged agreement existed between the employee and agency prior to the
employee's retirement for the employee to return to work with the participating agency. If an
elected official is reelected to a new term of office in the same position as the elected official
held prior to retirement and takes office within twelve (12) months of his or her retirement date,
he or she shall be deemed by the Authority as having a prearranged agreement under the
provisions of this subparagraph and shall have his or her retirement voided. If the participating
agency fails to complete the certification, the member's retirement shall be voided and the
provisions of paragraph (a) of this subsection shall apply to the member and the employer.
Employment that is accepted by the retired member after twelve (12) months following the
member's retirement date shall not constitute a prearranged agreement under this paragraph;
2. Notwithstanding any other provision of KRS Chapter 16, 61, or 78 to the contrary, the member
shall not contribute to the systems and shall not earn any additional benefits for any work
performed during the period of reemployment;
3. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree
employed as a school resource officer as defined by KRS 158.441 or as a Kentucky guardian as ACTS OF THE GENERAL ASSEMBLY 22
defined in Section 1 of this Act, the employer shall pay employer contributions as specified by
KRS 61.565, 61.702, and 78.635, as applicable, on all creditable compensation earned by the
employee during the period of reemployment. The additional contributions paid shall be used to
reduce the unfunded actuarial liability of the systems; and
4. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree
employed as a school resource officer as defined by KRS 158.441 or as a Kentucky guardian as
defined in Section 1 of this Act, the employer shall be required to reimburse the systems for the
cost of the health insurance premium paid by the systems to provide coverage for the retiree, not
to exceed the cost of the single premium. Effective July 1, 2015, local school boards shall not be
required to pay the reimbursement required by this subparagraph for retirees employed by the
board for eighty (80) days or less during the fiscal year;
(c) Notwithstanding paragraphs (a) and (b) of this subsection, a retired member who qualifies as a
volunteer for an employer participating in one (1) of the systems administered by Kentucky Retirement
Systems or County Employees Retirement System and who is receiving reimbursement of actual
expenses, a nominal fee for his or her volunteer services, or both, shall not be considered an employee
of the participating employer and shall not be subject to paragraphs (a) and (b) of this subsection if:
1. Prior to the retired member's most recent retirement date, he or she did not receive creditable
compensation from the participating employer in which the retired member is performing
volunteer services;
2. Any reimbursement or nominal fee received prior to the retired member's most recent retirement
date has not been credited as creditable compensation to the member's account or utilized in the
calculation of the retired member's benefits;
3. The retired member has not purchased or received service credit under any of the provisions of
KRS 61.510 to 61.705 or 78.510 to 78.852 for service with the participating employer for which
the retired member is performing volunteer services; and
4. Other than the status of volunteer, the retired member does not become an employee, leased
employee, or independent contractor of the employer for which he or she is performing volunteer
services for a period of at least twelve (12) months following the retired member's most recent
retirement date.
If a retired member, who provided volunteer services with a participating employer under this
paragraph violates any provision of this paragraph, then he or she shall be deemed an employee of the
participating employer as of the date he or she began providing volunteer services and both the retired
member and the participating employer shall be subject to paragraphs (a) and (b) of this subsection for
the period of volunteer service;
(d) Notwithstanding any provision of this section, any mayor or member of a city legislative body shall not
be required to resign from his or her position as mayor or as a member of the city legislative body in
order to begin drawing benefits from the systems administered by Kentucky Retirement Systems or
subject to any provision of this section as it relates solely to his or her service as a mayor or member of
the city legislative body if the mayor or member of a city legislative body:
1. Has not participated in the County Employees Retirement System prior to retirement, but is
otherwise eligible to retire from the Kentucky Employees Retirement System or the State Police
Retirement System; or
2. Has been or is participating in the County Employees Retirement System and is at least sixty-two
(62) years of age. If a mayor or member of a city legislative body who is at least sixty-two (62)
years of age retires from the systems administered by Kentucky Retirement Systems but remains
in office after his or her effective retirement date, the mayor or member of the city legislative
body shall not accrue any further service credit or benefits in the systems administered by
Kentucky Retirement Systems for any employment occurring on or after the effective retirement
date;
(e) Notwithstanding any provision of this section, any current or future part-time adjunct instructor for the
Kentucky Fire Commission who has not participated in the Kentucky Employees Retirement System
prior to retirement, but who is otherwise eligible to retire from the County Employees Retirement
System, shall not be: CHAPTER 165
Legislative Research Commission PDF Version
23
1. Required to resign from his or her position as a part-time adjunct instructor for the Kentucky Fire
Commission in order to begin drawing benefits from the County Employees Retirement System;
or
2. Subject to any provision of this section as it relates solely to his or her service as a part-time
adjunct instructor for the Kentucky Fire Commission;
(f) If a member is receiving a retirement allowance from any of the retirement systems administered by the
Kentucky Retirement Systems or County Employees Retirement System and enters into a contract or
becomes a leased employee of an employer under contract with an employer participating in one (1) of
the systems administered by the Kentucky Retirement Systems or County Employees Retirement
System:
1. At any time following retirement, if the Authority determines the employment arrangement does
qualify as an independent contractor or leased employee, the member may continue to receive his
or her retirement allowance during the period of the contract;
2. Within one (1) month following the member's initial retirement date, if the Authority determines
the employment arrangement does not qualify as an independent contractor or leased employee,
the member's retirement shall be voided in accordance with paragraph (a) of this subsection;
3. After one (1) month but within twelve (12) months following the member's initial retirement, if
the Authority determines the employment arrangement does not qualify as an independent
contractor or leased employee and that a prearranged agreement existed between the member and
the agency for the member to return to work with the agency, the member's retirement shall be
voided in accordance with paragraph (a) of this subsection; and
4. After a twelve (12) month period following the member's initial retirement, the member may
continue to receive his or her retirement allowance during the period of the contract and the
member shall not be required to notify the system or submit any documentation for purposes of
this section to the system.
The initiation of a contract or the initial date of the leased employment of a retired member by a
participating agency that occurs after twelve (12) months or more following the retired member's
retirement date shall not constitute a prearranged agreement under this subsection; and
(g) The Authority shall issue a final determination regarding a certification of the absence of a prearranged
agreement or the retired member's qualification as an independent contractor or leased employee as
required under this section no later than thirty (30) days after the retired member and participating
employer provide all required forms and additional information required by the Authority.
(18) The Authority shall promulgate administrative regulations to implement the requirements of this section,
including incorporating by reference board-prescribed forms that a retired member and participating agency
shall provide the systems under subsections (8), (9), and (17) of this section.
Section 14. KRS 78.5540 is amended to read as follows:
(1) A retired member whose disability retirement was discontinued pursuant to KRS 78.5528 and who is
reemployed by an employer participating in the system or the Kentucky Retirement Systems prior to his or her
normal retirement date shall have his or her accounts combined upon termination for determining eligibility
for benefits. If the member is eligible for retirement, the member's service and creditable compensation earned
as a result of his or her reemployment shall be used in the calculation of benefits, except that the member's
final compensation shall not be less than the final compensation last used in determining his or her retirement
allowance. The member shall not change beneficiary or payment option designations.
(2) (a) If a retired member accepts employment or begins serving as a volunteer with an employer participating
in the systems administered by Kentucky Retirement Systems or the County Employees Retirement
System within twelve (12) months of his or her retirement date, the retired member shall notify the
Authority and the participating employer shall submit the information required or requested by the
Authority to confirm the individual's employment or volunteer status. The retired member shall not be
required to notify the Authority regarding any employment or volunteer service with a participating
agency that is accepted after twelve (12) months following his or her retirement date. ACTS OF THE GENERAL ASSEMBLY 24
(b) If the retired member is under a contract to provide services as an independent contractor or leased
employee to an employer participating in the systems administered by Kentucky Retirement Systems or
the County Employees Retirement System within twelve (12) months of his or her retirement date, the
member shall submit a copy of that contract to the Authority, and the Authority shall determine if the
member is an independent contractor or leased employee for purposes of retirement benefits. The
retired member and the participating employer shall submit the information required or requested by the
Authority to confirm the individual's status as an independent contractor or leased employee. The
retired member shall not be required to notify the Authority regarding any services entered into as an
independent contractor or leased employee with a participating agency that the employee enters into
after twelve (12) months following his or her retirement date.
(3) Retired members of the County Employees Retirement System who returned to work with an employer that
participates in the County Employees Retirement System or Kentucky Retirement Systems prior to September
1, 2008, shall be governed by the provisions of KRS 61.637(1) to (16).
(4) The following shall apply to retired members of the County Employees Retirement System who are
reemployed on or after September 1, 2008, by an agency participating in the systems administered by the
County Employees Retirement System or the Kentucky Retirement Systems:
(a) If a retired member is receiving a retirement allowance from the County Employees Retirement System,
or has filed the forms required to receive a retirement allowance from the County Employees
Retirement System, and is employed in a regular full-time position required to participate in the County
Employees Retirement System or one (1) of the systems administered by the Kentucky Retirement
Systems or is employed in a position that is not considered regular full-time with an employer
participating in the County Employees Retirement System or in one (1) of the systems administered by
the Kentucky Retirement Systems within one (1) month following the member's initial retirement date,
the member's retirement shall be voided, and the member shall repay to the system all benefits received,
including any health insurance benefits. If the retired member is returning to work in a regular full-time
position required to participate in the County Employees Retirement System:
1. The member shall contribute to a member account established for him or her in the County
Employees Retirement System or in one (1) of the systems administered by the Kentucky
Retirement Systems, and employer contributions shall be paid on behalf of the member by the
participating employer to the system; and
2. Upon subsequent retirement, the member shall be eligible for a retirement allowance based upon
total service and creditable compensation, including any additional service or creditable
compensation earned after his or her initial retirement was voided;
(b) If a retired member is receiving a retirement allowance from the County Employees Retirement System
and is employed in a regular full-time position required to participate in the County Employees
Retirement System or in one (1) of the systems administered by the Kentucky Retirement Systems after
a one (1) month period following the member's initial retirement date, the member may continue to
receive his or her retirement allowance during the period of reemployment subject to the following
provisions:
1. If a member is reemployed by a participating employer within twelve (12) months of the
member's retirement date, the participating employer shall certify in writing on a form prescribed
by the Authority that no prearranged agreement existed between the employee and employer
prior to the employee's retirement for the employee to return to work with the participating
employer. If the participating employer fails to complete the certification or the Authority
determines a prearranged agreement exists, the member's retirement shall be voided and the
provisions of paragraph (a) of this subsection shall apply to the member and the employer. For
purposes of this paragraph:
a. If an elected official is reelected to a new term of office in the same position as the elected
official held prior to retirement and takes office within twelve (12) months of his or her
retirement date, he or she shall be deemed by the Authority as having a prearranged
agreement; and
b. Employment that is accepted by the retired member after twelve (12) months following
the member's retirement date shall not constitute a prearranged agreement under this
paragraph; CHAPTER 165
Legislative Research Commission PDF Version
25
2. Notwithstanding any other provision of KRS Chapter 78 to the contrary, the member shall not
contribute to the system and shall not earn any additional benefits for any work performed during
the period of reemployment;
3. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree
employed as a school resource officer as defined by KRS 158.441 or as a Kentucky guardian as
defined in Section 1 of this Act, the employer shall pay employer contributions as specified by
KRS 78.5536 and 78.635 on all creditable compensation earned by the employee during the
period of reemployment. The additional contributions paid shall be used to reduce the unfunded
actuarial liability of the system; and
4. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree
employed as a school resource officer as defined by KRS 158.441 or as a Kentucky guardian as
defined in Section 1 of this Act, the employer shall be required to reimburse the system for the
cost of the health insurance premium paid by the system to provide coverage for the retiree, not
to exceed the cost of the single premium. Effective July 1, 2015, local school boards shall not be
required to pay the reimbursement required by this subparagraph for retirees employed by the
board for eighty (80) days or less during the fiscal year;
(c) Notwithstanding paragraphs (a) and (b) of this subsection, a retired member who qualifies as a
volunteer for an employer participating in the County Employees Retirement System or the Kentucky
Retirement Systems and who is receiving reimbursement of actual expenses, a nominal fee for his or
her volunteer services, or both, shall not be considered an employee of the participating employer and
shall not be subject to paragraphs (a) and (b) of this subsection if:
1. Prior to the retired member's most recent retirement date, he or she did not receive creditable
compensation from the participating employer in which the retired member is performing
volunteer services;
2. Any reimbursement or nominal fee received prior to the retired member's most recent retirement
date has not been credited as creditable compensation to the member's account or utilized in the
calculation of the retired member's benefits;
3. The retired member has not purchased or received service credit under any of the provisions of
KRS 78.510 to 78.852 for service with the participating employer for which the retired member
is performing volunteer services; and
4. Other than the status of volunteer, the retired member does not become an employee, leased
employee, or independent contractor of the employer for which he or she is performing volunteer
services for a period of at least twelve (12) months following the retired member's most recent
retirement date.
If a retired member, who provided volunteer services with a participating employer under this
paragraph violates any provision of this paragraph, then he or she shall be deemed an employee of the
participating employer as of the date he or she began providing volunteer services and both the retired
member and the participating employer shall be subject to paragraphs (a) and (b) of this subsection for
the period of volunteer service;
(d) Notwithstanding any provision of this section, any mayor or member of a city legislative body shall not
be required to resign from his or her position as mayor or as a member of the city legislative body in
order to begin drawing benefits from the systems administered by the Kentucky Retirement Systems or
the County Employees Retirement System or subject to any provision of this section as it relates solely
to his or her service as a mayor or member of the city legislative body, if the mayor or member of a city
legislative body:
1. Has not participated in the County Employees Retirement System prior to retirement, but is
otherwise eligible to retire from the Kentucky Employees Retirement System or the State Police
Retirement System; or
2. Has been or is participating in the County Employees Retirement System and is at least sixty-two
(62) years of age. If a mayor or member of a city legislative body who is at least sixty-two (62)
years of age retires from the systems administered by Kentucky Retirement Systems or the
County Employees Retirement System but remains in office after his or her effective retirement ACTS OF THE GENERAL ASSEMBLY 26
date, the mayor or member of the city legislative body shall not accrue any further service credit
or benefits in the systems administered by Kentucky Retirement Systems or the County
Employees Retirement System for any employment occurring on or after the effective retirement
date;
(e) Notwithstanding any provision of this section, any current or future part-time adjunct instructor for the
Kentucky Fire Commission who has not participated in the Kentucky Employees Retirement System
prior to retirement, but who is otherwise eligible to retire from the County Employees Retirement
System, shall not be:
1. Required to resign from his or her position as a part-time adjunct instructor for the Kentucky Fire
Commission in order to begin drawing benefits from the County Employees Retirement System;
or
2. Subject to any provision of this section as it relates solely to his or her service as a part-time
adjunct instructor for the Kentucky Fire Commission;
(f) If a member is receiving a retirement allowance from the County Employees Retirement System and
enters into a contract or becomes a leased employee of an employer under contract with an employer
participating in the County Employees Retirement System or one (1) of the systems administered by the
Kentucky Retirement Systems:
1. At any time following retirement, if the Authority determines the employment arrangement does
qualify as an independent contractor or leased employee, the member may continue to receive his
or her retirement allowance during the period of the contract;
2. Within one (1) month following the member's initial retirement date, if the Authority determines
the employment arrangement does not qualify as an independent contractor or leased employee,
the member's retirement shall be voided in accordance with paragraph (a) of this subsection;
3. After one (1) month but within twelve (12) months following the member's initial retirement, if
the Authority determines the employment arrangement does not qualify as an independent
contractor or leased employee and that a prearranged agreement existed between the member and
the agency for the member to return to work with the agency, the member's retirement shall be
voided in accordance with paragraph (a) of this subsection; and
4. After a twelve (12) month period following the member's initial retirement, the member may
continue to receive his or her retirement allowance during the period of the contract and the
member shall not be required to notify the Authority or submit any documentation for purposes
of this section to the Authority. The initiation of a contract or the initial date of the leased
employment of a retired member by a participating agency that occurs after twelve (12) months
or more following the retired member's retirement date shall not constitute a prearranged
agreement under this subsection;
(g) The Authority shall issue a final determination regarding a certification of the absence of a prearranged
agreement or the retired member's qualification as an independent contractor or leased employee as
required under this section no later than thirty (30) days after the retired member and participating
employer provide all required forms and additional information required by the Authority; and
(h) Retired members of one (1) of the systems administered by Kentucky Retirement Systems who are
reemployed by an employer in the County Employees Retirement System on or after September 1,
2008, shall not be eligible to earn a second retirement account in the County Employees Retirement
System for his or her service to the employer.
(5) The Authority shall promulgate administrative regulations to implement the requirements of this section,
including incorporating by reference Authority-prescribed forms that a retired member and participating
agency shall provide the systems under subsections (1) and (4) of this section.
(6) "Reemployment" or "reinstatement" as used in this section shall not include a retired member who has been
ordered reinstated by the Personnel Board under authority of KRS 18A.095. A retired member who has been
ordered reinstated by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the
Kentucky Commission on Human Rights[ Commission] and accepts employment by an agency participating
in the Kentucky Employees Retirement System or County Employees Retirement System shall void his or her
retirement by reimbursing the system in the full amount of his or her retirement allowance payments received. CHAPTER 165
Legislative Research Commission PDF Version
27
Section 15. KRS 156.501 is amended to read as follows:
(1) The Department of Education shall provide leadership and assistance to local school districts relating to
student health services. The department, working in cooperation with the Department for Public Health, shall
provide, contract for services, or identify resources to improve student health services, including but not
limited to the following:
(a) Standardized protocols and guidelines for health procedures to be performed by health professionals
and school personnel. The protocols and guidelines shall include but not be limited to the following:
1. The delegation of nursing functions consistent with administrative regulations promulgated by
the Kentucky Board of Nursing;
2. Training of designated nonmedical school personnel; and
3. Appropriate documentation and recordkeeping including, but not limited to, notification to
school administrators and parents or guardians of the provision of health services by a school
employee, including certification of medical necessity for health services signed by a health care
professional, and informed consent for the provision of health services by a parent or guardian.
A copy of the protocols and guidelines shall be made available to each school in the Commonwealth
and shall be maintained by each school in the school's library;
(b) Consultation, technical assistance, and development of quality improvement measures for the state and
local boards of education, individual public schools, and local health departments;
(c) Facilitation of statewide and local data collection and reporting of school health services; and
(d) Information and resources that relate to the provision of school health services.
(2) The Department of Education shall establish a position to assist in carrying out the responsibilities required
under subsection (1) of this section. The position may be established with existing personnel resources, or by
contract, with an individual who[:
(a) Holds, at a minimum, a bachelor's degree in nursing with a master's degree in nursing or a related field
from an accredited postsecondary institution; and
(b) ] is a registered nurse licensed under the provisions of KRS Chapter 314.
[(3) The Department of Education shall provide fifty percent (50%) of the costs for the position required by
subsection (2) of this section and the Department for Public Health shall provide the remaining fifty percent
(50%) for the position. The Department of Education may enter into a contractual arrangement, such as a
Memorandum of Agreement, with the Department for Public Health to share the costs.]
Became law without Governor's signature April 10, 2024.