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AN ACT relating to the transportation of students and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.153 is amended to read as follows: 3
(1) All school buses for which bids are made or bid contracts awarded shall meet the 4
standards and specifications of the Kentucky Department of Education. The term 5
"school bus," as used in this section, shall mean any motor vehicle which meets the 6
standards and specifications for school buses as provided by law or by the standards 7
or specifications of the Kentucky Department of Education authorized by law and 8
used solely in transporting school children and school employees to and from 9
school under the supervision and control and at the direction of school authorities, 10
and shall further include school bus accessory equipment and supplies and 11
replacement equipment considered to be reasonably adaptable for purchase from 12
price contract agreements. 13
(2) (a) [Except in cases of emergencies or for the transportation of students with 14
disabilities, only ]School buses as defined in subsection (1) of this section 15
shall be used for transporting students to and from school along regular bus 16
routes. Districts may also use district-owned and district-leased vehicles that 17
were designed and built by the manufacturer for passenger transportation 18
when transporting nine (9) or fewer passengers, including the driver, for 19
approved school activities and transporting students to and from school 20
under an alternative transportation plan approved by the Kentucky 21
Department of Education. 22
(b) Vehicles used under this subsection shall be clearly marked as transporting 23
students and shall be safety inspected no less than once every thirty (30) days. 24
(c) Vehicles used under this section shall be operated by an employee of a local 25
school district that is licensed to operate a motor vehicle within the 26
Commonwealth. An individual that operates a vehicle to transport a student 27 UNOFFICIAL COPY 24 RS BR 358
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or students without a valid, active license to operate that motor vehicle 1
within the Commonwealth shall be subject to the penalties set forth in 2
subsection (4) of Section 3 of this Act. 3
(3) The Kentucky Board of Education shall promulgate administrative regulations in 4
accordance with KRS Chapter 13A to establish minimum standards and 5
specifications for a non-school bus passenger vehicles and the minimum 6
qualifications and training requirements for drivers of non-school bus passenger 7
vehicles. 8
(4) As part of its regular procedure for establishing and updating school bus standards 9
and specifications, the Kentucky Department of Education shall consider allowing 10
school buses to operate using clean transportation fuels, as defined in KRS 186.750. 11
If the department determines that school buses may operate using clean 12
transportation fuels while maintaining the same or a higher degree of safety as fuels 13
currently allowed, it shall update its standards and specifications to allow for such 14
use. 15
Section 2. KRS 160.380 is amended to read as follows: 16
(1) As used in this section: 17
(a) "Administrative finding of child abuse or neglect" means a substantiated 18
finding of child abuse or neglect issued by the Cabinet for Health and Family 19
Services that is: 20
1. Not appealed through an administrative hearing conducted in 21
accordance with KRS Chapter 13B; 22
2. Upheld at an administrative hearing conducted in accordance with KRS 23
Chapter 13B and not appealed to a Circuit Court; or 24
3. Upheld by a Circuit Court in an appeal of the results of an 25
administrative hearing conducted in accordance with KRS Chapter 13B; 26
(b) "Alternative education program" means a program that exists to meet the 27 UNOFFICIAL COPY 24 RS BR 358
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needs of students that cannot be addressed in a traditional classroom setting 1
but through the assignment of students to alternative classrooms, centers, or 2
campuses that are designed to remediate academic performance, improve 3
behavior, or provide an enhanced learning experience. Alternative education 4
programs do not include career or technical centers or departments; 5
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 6
Services indicating that there are no administrative findings of child abuse or 7
neglect relating to a specific individual; 8
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 9
daughter; and 10
(e) "Vacancy" means any certified position opening created by the resignation, 11
dismissal, nonrenewal of contract, transfer, or death of a certified staff 12
member of a local school district, or a new position created in a local school 13
district for which certification is required. However, if an employer-employee 14
bargained contract contains procedures for filling certified position openings 15
created by the resignation, dismissal, nonrenewal of contract, transfer, or 16
death of a certified staff member, or creation of a new position for which 17
certification is required, a vacancy shall not exist, unless certified positions 18
remain open after compliance with those procedures. 19
(2) Except as provided in KRS 160.346, the school district personnel actions identified 20
in this section shall be carried out as follows: 21
(a) All appointments, promotions, and transfers of principals, supervisors, 22
teachers, and other public school employees shall be made only by the 23
superintendent of schools, who shall notify the board of the action taken. All 24
employees of the local district shall have the qualifications prescribed by law 25
and by the administrative regulations of the Kentucky Board of Education and 26
of the employing board. Supervisors, principals, teachers, and other 27 UNOFFICIAL COPY 24 RS BR 358
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employees may be appointed by the superintendent for any school year at any 1
time after February 1 preceding the beginning of the school year. No 2
superintendent of schools shall appoint or transfer himself or herself to 3
another position within the school district; 4
(b) When a vacancy occurs in a local school district, the superintendent shall 5
submit the job posting to the statewide job posting system described in KRS 6
160.152 fifteen (15) days before the position shall be filled. The local school 7
district shall post position openings in the local board office for public 8
viewing; 9
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 10
prevent disruption of necessary instructional or support services of the school 11
district, the superintendent may seek a waiver from the chief state school 12
officer. If the waiver is approved, the appointment shall not be made until the 13
person recommended for the position has been approved by the chief state 14
school officer. The chief state school officer shall respond to a district's 15
request for waiver or for approval of an appointment within two (2) working 16
days; and 17
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 18
search to locate minority teachers to be considered for the position. The 19
superintendent shall, pursuant to administrative regulations of the Kentucky 20
Board of Education, report annually the district's recruitment process and the 21
activities used to increase the percentage of minority teachers in the district. 22
(3) Restrictions on employment of relatives shall be as follows: 23
(a) No relative of a superintendent of schools shall be an employee of the school 24
district. However, this shall not apply to a relative who is a classified or 25
certified employee of the school district for at least thirty-six (36) months 26
prior to the superintendent assuming office and who is qualified for the 27 UNOFFICIAL COPY 24 RS BR 358
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position the employee holds. A superintendent's spouse who has previously 1
been employed in a school system may be an employee of the school district. 2
A superintendent's spouse who is employed under this provision shall not hold 3
a position in which the spouse supervises certified or classified employees. A 4
superintendent's spouse may supervise teacher aides and student teachers. 5
However, the superintendent shall not promote a relative who continues 6
employment under an exception of this subsection; 7
(b) No superintendent shall employ a relative of a school board member of the 8
district; 9
(c) No principal's relative shall be employed in the principal's school; and 10
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 11
this subsection may be employed as a substitute for a certified or classified 12
employee if the relative is not: 13
1. A regular full-time or part-time employee of the district; 14
2. Accruing continuing contract status or any other right to continuous 15
employment; 16
3. Receiving fringe benefits other than those provided other substitutes; or 17
4. Receiving preference in employment or assignment over other 18
substitutes. 19
(4) No superintendent shall assign a certified or classified staff person to an alternative 20
education program as part of any disciplinary action taken pursuant to KRS 161.011 21
or 161.790 as part of a corrective action plan established pursuant to the local 22
district evaluation plan. 23
(5) No superintendent shall initially employ in any position in the district any person 24
who is a violent offender or has been convicted of a sex crime as defined by KRS 25
17.165 which is classified as a felony or persons with an administrative finding of 26
child abuse or neglect in records maintained by the Cabinet for Health and Family 27 UNOFFICIAL COPY 24 RS BR 358
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Services. The superintendent may employ, at his or her discretion, except at a 1
Kentucky Educational Collaborative for State Agency Children program, persons 2
convicted of sex crimes classified as a misdemeanor. 3
(6) Requirements for background checks shall be as follows: 4
(a) A superintendent shall require the following individuals to submit to a 5
national and state criminal background check by the Department of Kentucky 6
State Police and the Federal Bureau of Investigation and have a clear CA/N 7
check, provided by the individual: 8
1. Each new certified or classified hire; 9
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 10
161.185; 11
3. A student teacher; 12
4. A school-based decision making council parent member; and 13
5. Any adult who is permitted access to school grounds on a regularly 14
scheduled and continuing basis pursuant to a written agreement for the 15
purpose of providing services directly to a student or students as part of 16
a school-sponsored program or activity; 17
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 18
a. Classified and certified individuals employed by the school district 19
prior to June 27, 2019; 20
b. Certified individuals who were employed in another certified 21
position in a Kentucky school district within six (6) months of the 22
date of hire and who had previously submitted to a national and 23
state criminal background check and who have a clear CA/N check 24
for the previous employment; or 25
c. Student teachers who have submitted to and provide a copy of a 26
national and state criminal background check by the Department 27 UNOFFICIAL COPY 24 RS BR 358
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of Kentucky State Police and the Federal Bureau of Investigation 1
through an accredited teacher education institution in which the 2
student teacher is enrolled and who have a clear CA/N check. 3
2. The Education Professional Standards Board may promulgate 4
administrative regulations to impose additional qualifications to meet 5
the requirements of Public Law 92-544; 6
(c) A parent member may serve prior to the receipt of the criminal history 7
background check and CA/N letter required by paragraph (a) of this 8
subsection but shall be removed from the council on receipt by the school 9
district of a report documenting a record of abuse or neglect, or a sex crime or 10
criminal offense against a victim who is a minor as defined in KRS 17.500, or 11
as a violent offender as defined in KRS 17.165, and no further procedures 12
shall be required; [and] 13
(d) A superintendent may require a volunteer or a visitor to submit to a national 14
and state criminal history background check by the Department of Kentucky 15
State Police and the Federal Bureau of Investigation and have a clear CA/N 16
check, provided by the individual; and[.] 17
(e) The superintendent of a school district operating under an alternative 18
transportation plan approved by the Kentucky Department of Education in 19
accordance with Section 1 of this Act shall require the driver of any non-20
school bus passenger vehicle authorized to transport students to and from 21
school pursuant to the alternative transportation plan to: 22
1. Submit to an annual national and state criminal background check by 23
the Department of Kentucky State Police and the Federal Bureau of 24
Investigation; 25
2. Provide a biannual driving history record check performed by the 26
Transportation Cabinet; and 27 UNOFFICIAL COPY 24 RS BR 358
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3. Provide an annual clear CA/N check. 1
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 2
vacancy occurs during a school term, a superintendent may employ an 3
individual, who will have supervisory or disciplinary authority over minors, 4
on probationary status pending receipt of the criminal history background 5
check and a clear CA/N check, provided by the individual. Application for the 6
criminal record and a request for a clear CA/N check of a probationary 7
employee shall be made no later than the date probationary employment 8
begins. 9
(b) Employment shall be contingent on the receipt of the criminal history 10
background check documenting that the probationary employee has no record 11
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 12
of a letter, provided by the individual, from the Cabinet for Health and Family 13
Services stating the employee is clear to hire based on no administrative 14
findings of child abuse or neglect found through a background check of child 15
abuse and neglect records maintained by the Cabinet for Health and Family 16
Services. 17
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 18
probationary employment under this section shall terminate on receipt by the 19
school district of a criminal history background check documenting a record 20
of a sex crime or as a violent offender as defined in KRS 17.165 and no 21
further procedures shall be required. 22
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 23
employee on the basis of a criminal record other than a record of a sex crime or as a 24
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 25
showing an administrative finding of child abuse or neglect. 26
(9) (a) All fingerprints requested under this section shall be on an applicant 27 UNOFFICIAL COPY 24 RS BR 358
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fingerprint card provided by the Department of Kentucky State Police. The 1
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 2
from the Department of Kentucky State Police after a state criminal 3
background check is conducted. The results of the state and federal criminal 4
background check shall be sent to the hiring superintendent. Any fee charged 5
by the Department of Kentucky State Police, the Federal Bureau of 6
Investigation, and the Cabinet for Health and Family Services shall be an 7
amount no greater than the actual cost of processing the request and 8
conducting the search. 9
(b) Each application form, provided by the employer to an applicant for a 10
certified or classified position, shall conspicuously state the following: "FOR 11
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 12
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 13
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 14
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 15
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 16
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 17
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 18
FOR HEALTH AND FAMILY SERVICES." 19
(c) Each application form for a district position shall require the applicant to: 20
1. Identify the states in which he or she has maintained residency, 21
including the dates of residency; and 22
2. Provide picture identification. 23
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 24
when an employee of the school district is charged with any offense which is 25
classified as a felony, the superintendent may transfer the employee to a second 26
position until such time as the employee is found not guilty, the charges are 27 UNOFFICIAL COPY 24 RS BR 358
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dismissed, the employee is terminated, or the superintendent determines that further 1
personnel action is not required. The employee shall continue to be paid at the same 2
rate of pay he or she received prior to the transfer. If an employee is charged with 3
an offense outside of the Commonwealth, this provision may also be applied if the 4
charge would have been treated as a felony if committed within the 5
Commonwealth. Transfers shall be made to prevent disruption of the educational 6
process and district operations and in the interest of students and staff and shall not 7
be construed as evidence of misconduct. 8
(11) Notwithstanding any law to the contrary, each certified and classified employee of 9
the school district shall notify the superintendent if he or she has been found by the 10
Cabinet for Health and Family Services to have abused or neglected a child, and if 11
he or she has waived the right to appeal a substantiated finding of child abuse or 12
neglect or if the substantiated incident was upheld upon appeal. Any failure to 13
report this finding shall result in the certified or classified employee being subject 14
to dismissal or termination. 15
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 16
Health and Family Services website. 17
Section 3. KRS 156.990 is amended to read as follows: 18
(1) Any witness who fails, without legal excuse, to attend or to testify, when required 19
by the chief state school officer under these provisions, shall be fined not more than 20
twenty-five dollars ($25) for each offense. 21
(2) Any person who violates any of the provisions of KRS 156.400 to 156.470 shall be 22
fined not more than five hundred dollars ($500) or imprisoned not more than three 23
(3) months, or both. 24
(3) A violation of subsection (1) of KRS 156.483 shall cause the Department of 25
Education to be fined not less than five hundred dollars ($500) or more than one 26
thousand dollars ($1,000). 27 UNOFFICIAL COPY 24 RS BR 358
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(4) Any person who violates subsection (2)(c) of Section 1 of this Act by operating a 1
school bus or other district-owned or district-leased vehicle to transport a student 2
or students without a valid, active license to operate that motor vehicle within the 3
Commonwealth shall be guilty of a Class D felony. 4
Section 4. Whereas the General Assembly is committed to efficiency in pupil 5
transportation, an emergency is declared to exist, and this Act takes effect upon its 6
passage and approval by the Governor or upon its otherwise becoming a law. 7