UNOFFICIAL COPY 25 RS BR 20
Page 1 of 35
XXXX 12/27/2024 11:28 AM Jacketed
AN ACT relating to misconduct in schools and school-sponsored activities. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 3
READ AS FOLLOWS: 4
A public school district or public charter school shall not enter into a nondisclosure 5
agreement relating to misconduct involving a minor or student, including abusive 6
conduct as defined in Section 2 of this Act. 7
Section 2. KRS 160.380 is amended to read as follows: 8
(1) As used in this section: 9
(a) "Abusive conduct" means sexual misconduct and conduct subject to 10
mandatory reporting under KRS 620.030 that involves a minor or student; 11
(b) "Administrative finding of child abuse or neglect" means a substantiated 12
finding of child abuse or neglect issued by the Cabinet for Health and Family 13
Services that is: 14
1. Not appealed through an administrative hearing conducted in 15
accordance with KRS Chapter 13B; 16
2. Upheld at an administrative hearing conducted in accordance with KRS 17
Chapter 13B and not appealed to a Circuit Court; or 18
3. Upheld by a Circuit Court in an appeal of the results of an 19
administrative hearing conducted in accordance with KRS Chapter 13B; 20
(c)[(b)] "Alternative education program" means a program that exists to meet 21
the needs of students that cannot be addressed in a traditional classroom 22
setting but through the assignment of students to alternative classrooms, 23
centers, or campuses that are designed to remediate academic performance, 24
improve behavior, or provide an enhanced learning experience. Alternative 25
education programs do not include career or technical centers or departments; 26
(d)[(c)] "Clear CA/N check" means a letter from the Cabinet for Health and 27 UNOFFICIAL COPY 25 RS BR 20
Page 2 of 35
XXXX 12/27/2024 11:28 AM Jacketed
Family Services indicating that there are no administrative findings of child 1
abuse or neglect relating to a specific individual; 2
(e)[(d)] "Relative" means father, mother, brother, sister, husband, wife, son, and 3
daughter; and 4
(f)[(e)] "Vacancy" means any certified position opening created by the 5
resignation, dismissal, nonrenewal of contract, transfer, or death of a certified 6
staff member of a local school district, or a new position created in a local 7
school district for which certification is required. However, if an employer-8
employee bargained contract contains procedures for filling certified position 9
openings created by the resignation, dismissal, nonrenewal of contract, 10
transfer, or death of a certified staff member, or creation of a new position for 11
which certification is required, a vacancy shall not exist, unless certified 12
positions remain open after compliance with those procedures. 13
(2) Except as provided in KRS 160.346, the school district personnel actions identified 14
in this section shall be carried out as follows: 15
(a) All appointments, promotions, and transfers of principals, supervisors, 16
teachers, and other public school employees shall be made only by the 17
superintendent of schools, who shall notify the board of the action taken. All 18
employees of the local district shall have the qualifications prescribed by law 19
and by the administrative regulations of the Kentucky Board of Education and 20
of the employing board. Supervisors, principals, teachers, and other 21
employees may be appointed by the superintendent for any school year at any 22
time after February 1 preceding the beginning of the school year. No 23
superintendent of schools shall appoint or transfer himself or herself to 24
another position within the school district; 25
(b) When a vacancy occurs in a local school district, the superintendent shall 26
submit the job posting to the statewide job posting system described in KRS 27 UNOFFICIAL COPY 25 RS BR 20
Page 3 of 35
XXXX 12/27/2024 11:28 AM Jacketed
160.152 fifteen (15) days before the position shall be filled. The local school 1
district shall post position openings in the local board office for public 2
viewing; 3
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 4
prevent disruption of necessary instructional or support services of the school 5
district, the superintendent may seek a waiver from the chief state school 6
officer. If the waiver is approved, the appointment shall not be made until the 7
person recommended for the position has been approved by the chief state 8
school officer. The chief state school officer shall respond to a district's 9
request for waiver or for approval of an appointment within two (2) working 10
days; and 11
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 12
search to locate minority teachers to be considered for the position. The 13
superintendent shall, pursuant to administrative regulations of the Kentucky 14
Board of Education, report annually the district's recruitment process and the 15
activities used to increase the percentage of minority teachers in the district. 16
(3) Restrictions on employment of relatives shall be as follows: 17
(a) No relative of a superintendent of schools shall be an employee of the school 18
district. However, this shall not apply to a relative who is a classified or 19
certified employee of the school district for at least thirty-six (36) months 20
prior to the superintendent assuming office and who is qualified for the 21
position the employee holds. A superintendent's spouse who has previously 22
been employed in a school system may be an employee of the school district. 23
A superintendent's spouse who is employed under this provision shall not hold 24
a position in which the spouse supervises certified or classified employees. A 25
superintendent's spouse may supervise teacher aides and student teachers. 26
However, the superintendent shall not promote a relative who continues 27 UNOFFICIAL COPY 25 RS BR 20
Page 4 of 35
XXXX 12/27/2024 11:28 AM Jacketed
employment under an exception of this subsection; 1
(b) No superintendent shall employ a relative of a school board member of the 2
district; 3
(c) No principal's relative shall be employed in the principal's school; and 4
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 5
this subsection may be employed as a substitute for a certified or classified 6
employee if the relative is not: 7
1. A regular full-time or part-time employee of the district; 8
2. Accruing continuing contract status or any other right to continuous 9
employment; 10
3. Receiving fringe benefits other than those provided other substitutes; or 11
4. Receiving preference in employment or assignment over other 12
substitutes. 13
(4) No superintendent shall assign a certified or classified staff person to an alternative 14
education program as part of any disciplinary action taken pursuant to KRS 161.011 15
or 161.790 as part of a corrective action plan established pursuant to the local 16
district evaluation plan. 17
(5) No superintendent shall employ in any position in the district any person who: 18
(a) Has been convicted of an offense that would classify a person as a violent 19
offender under KRS 439.3401; 20
(b) Has been convicted of a sex crime as defined by KRS 17.500 or a 21
misdemeanor offense under KRS Chapter 510; 22
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 23
(d) Has an administrative finding of child abuse or neglect in records maintained 24
by the Cabinet for Health and Family Services. 25
(6) (a) Each application for a school district position shall require the applicant to: 26
1. Disclose: 27 UNOFFICIAL COPY 25 RS BR 20
Page 5 of 35
XXXX 12/27/2024 11:28 AM Jacketed
a Being the subject of any investigation or disciplinary action 1
within the past twelve (12) months; and 2
b. Any resulting resignation or termination. 3
related to abusive conduct while employed by any school or school district; 4
and 5
2. Consent to a reference check under paragraph (b) of this subsection 6
and a request for information under paragraph (c) of this subsection. 7
(b) 1. A school district considering an applicant for employment shall 8
contact each school district, school, or nonpublic school that employs 9
or previously employed the applicant for a reference check before 10
extending an offer of employment. 11
2. A school district, school, or nonpublic school that employs or 12
previously employed the applicant shall disclose any investigation or 13
disciplinary action, and any resulting resignation or termination, 14
related to abusive conduct while the applicant was employed by the 15
school or school district. 16
3. A school district, nonpublic school, and any school employees making 17
a disclosure pursuant to this paragraph of any investigation or 18
disciplinary action and any resulting resignation or termination shall 19
be immune from any civil or criminal liability that might otherwise be 20
incurred or imposed as a result of: 21
a. Making the disclosure; or 22
b. Participating in any judicial proceeding that may result from 23
making the disclosure. 24
(c) Upon disclosure of an investigation or disciplinary action involving abusive 25
conduct by an applicant under paragraph (a) of this subsection or a current 26
or previous employer under paragraph (b) of this subsection, the school 27 UNOFFICIAL COPY 25 RS BR 20
Page 6 of 35
XXXX 12/27/2024 11:28 AM Jacketed
district considering the applicant for employment shall: 1
1. Request all related information and records from the school district or 2
nonpublic school that previously employed or currently employs the 3
applicant; and 4
2. If the application is for a certified position, request information from 5
the Education Professional Standards Board related to pending 6
disciplinary action against the applicant involving abusive conduct. 7
(d) Upon request from a school district under paragraph (c) of this subsection, 8
the school district or nonpublic school of previous or current employment or 9
the Educational Professional Standards Board shall provide the requested 10
information, if applicable, within ten (10) working days. 11
(e) Any failure to disclose under paragraph (a)1. of this subsection by an 12
applicant shall result in the applicant being: 13
1. Ineligible for hire by the school district; and 14
2. Subject to dismissal or termination if the applicant is hired by the 15
school district or is a current employee of the school district. 16
(f) The Education Professional Standards Board shall create and implement 17
procedures for responding to a school district upon receiving an inquiry 18
described in paragraphs (c) and (d) of this subsection. 19
(7) Requirements for background checks shall be as follows: 20
(a) A superintendent shall require the following individuals to submit to a 21
national and state criminal background check by the Department of Kentucky 22
State Police and the Federal Bureau of Investigation and have a clear CA/N 23
check, provided by the individual: 24
1. Each new certified or classified hire; 25
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 26
161.185; 27 UNOFFICIAL COPY 25 RS BR 20
Page 7 of 35
XXXX 12/27/2024 11:28 AM Jacketed
3. A student teacher; 1
4. A school-based decision making council parent member; and 2
5. Any adult who is permitted access to school grounds on a regularly 3
scheduled and continuing basis pursuant to a written agreement for the 4
purpose of providing services directly to a student or students as part of 5
a school-sponsored program or activity; 6
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 7
a. Classified and certified individuals employed by the school district 8
prior to June 27, 2019; 9
b. Certified individuals who were employed in another certified 10
position in a Kentucky school district within six (6) months of the 11
date of hire and who had previously submitted to a national and 12
state criminal background check and who have a clear CA/N check 13
for the previous employment; or 14
c. Student teachers who have submitted to and provide a copy of a 15
national and state criminal background check by the Department 16
of Kentucky State Police and the Federal Bureau of Investigation 17
through an accredited teacher education institution in which the 18
student teacher is enrolled and who have a clear CA/N check. 19
2. The Education Professional Standards Board may promulgate 20
administrative regulations to impose additional qualifications to meet 21
the requirements of Pub. L. No. 92-544; 22
(c) A parent member may serve prior to the receipt of the criminal history 23
background check and CA/N letter required by paragraph (a) of this 24
subsection but shall be removed from the council on receipt by the school 25
district of a report documenting a record of abuse or neglect, or a sex crime or 26
criminal offense against a victim who is a minor as defined in KRS 17.500, or 27 UNOFFICIAL COPY 25 RS BR 20
Page 8 of 35
XXXX 12/27/2024 11:28 AM Jacketed
as a violent offender as defined in KRS 17.165, and no further procedures 1
shall be required; 2
(d) A superintendent may require a volunteer or a visitor to submit to a national 3
and state criminal history background check by the Department of Kentucky 4
State Police and the Federal Bureau of Investigation and have a clear CA/N 5
check, provided by the individual; and 6
(e) The superintendent of a school district operating under an alternative 7
transportation plan approved by the Kentucky Department of Education in 8
accordance with KRS 156.153(3) shall require the driver of any non-school 9
bus passenger vehicle authorized to transport students to and from school 10
pursuant to the alternative transportation plan who does not have a valid 11
commercial driver's license issued in accordance with KRS Chapter 281A 12
with an "S" endorsement to: 13
1. Submit to a national and state criminal background check by the 14
Department of Kentucky State Police and the Federal Bureau of 15
Investigation at least once every three (3) years and a criminal records 16
check conducted in accordance with KRS 27A.090 in all other years; 17
2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt. 18
40; 19
3. Provide a biannual driving history record check performed by the 20
Transportation Cabinet; 21
4. Provide an annual clear CA/N check; 22
5. Immediately notify the superintendent of any conviction for a violation 23
under KRS Chapter 189 for which penalty points are assessed; and 24
6. Immediately notify the superintendent of any citation or arrest for a 25
violation of any provision of KRS Chapter 189A. The superintendent 26
shall inform the Kentucky Department of Education of the notification. 27 UNOFFICIAL COPY 25 RS BR 20
Page 9 of 35
XXXX 12/27/2024 11:28 AM Jacketed
(8)[(7)] (a) If a certified or classified position remains unfilled after July 31 or if a 1
vacancy occurs during a school term, a superintendent may employ an 2
individual, who will have supervisory or disciplinary authority over minors, 3
on probationary status pending receipt of the criminal history background 4
check and a clear CA/N check, provided by the individual. Application for the 5
criminal record and a request for a clear CA/N check of a probationary 6
employee shall be made no later than the date probationary employment 7
begins. 8
(b) Employment shall be contingent on the receipt of the criminal history 9
background check documenting that the probationary employee has no record 10
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 11
of a letter, provided by the individual, from the Cabinet for Health and Family 12
Services stating the employee is clear to hire based on no administrative 13
findings of child abuse or neglect found through a background check of child 14
abuse and neglect records maintained by the Cabinet for Health and Family 15
Services. 16
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 17
probationary employment under this section shall terminate on receipt by the 18
school district of a criminal history background check documenting a record 19
of a sex crime or as a violent offender as defined in KRS 17.165 and no 20
further procedures shall be required. 21
(9)[(8)] The provisions of KRS 161.790 shall apply to terminate employment of a 22
certified employee on the basis of a criminal record other than a record of a sex 23
crime or as a violent offender as defined in KRS 17.165, or on the basis of a CA/N 24
check showing an administrative finding of child abuse or neglect. 25
(10)[(9)] (a) All fingerprints requested under this section shall be on an applicant 26
fingerprint card provided by the Department of Kentucky State Police. The 27 UNOFFICIAL COPY 25 RS BR 20
Page 10 of 35
XXXX 12/27/2024 11:28 AM Jacketed
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 1
from the Department of Kentucky State Police after a state criminal 2
background check is conducted. The results of the state and federal criminal 3
background check shall be sent to the hiring superintendent. Any fee charged 4
by the Department of Kentucky State Police, the Federal Bureau of 5
Investigation, and the Cabinet for Health and Family Services shall be an 6
amount no greater than the actual cost of processing the request and 7
conducting the search. 8
(b) Each application form, provided by the employer to an applicant for a 9
certified or classified position, shall conspicuously state the following: "FOR 10
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 11
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 12
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 13
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 14
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 15
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 16
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 17
FOR HEALTH AND FAMILY SERVICES." 18
(c) Each application form for a district position shall require the applicant to: 19
1. Identify the states in which he or she has maintained residency, 20
including the dates of residency;[ and] 21
2. Provide picture identification; and 22
3. List each school district and nonpublic school in which the applicant 23
has been employed, including the dates of employment. 24
(11) (a) When an allegation of abusive conduct is made against a school district 25
employee, the school district employee in receipt of the allegation, whether 26
communicated in writing, electronically, or orally, shall report the 27 UNOFFICIAL COPY 25 RS BR 20
Page 11 of 35
XXXX 12/27/2024 11:28 AM Jacketed
allegation to the school principal and as required by KRS 620.030. The 1
principal shall document the allegation and notify the superintendent or 2
designee. An investigation of the allegation shall be conducted by the school 3
district until it is completed and shall not end prior to completion due to the 4
employee transferring positions within the school district or leaving the 5
school district. 6
(b) Notwithstanding Section 6 of this Act, all records and references relating to 7
an allegation of abusive conduct by a school district employee with a 8
student or minor shall be included and remain in an employee's personnel 9
file until completion of an investigation. If, after completion of an 10
investigation, the allegation is determined to be false, all records and 11
references relating to the allegation shall be removed from the employee's 12
personnel file. 13
(12)[(10)] Notwithstanding any provision of the Kentucky Revised Statutes to the 14
contrary, any certified or classified employee of the school district shall notify the 15
superintendent within seven (7) calendar days of being[ when an employee of the 16
school district is] charged with any offense which is classified as a felony.[,] The 17
superintendent may transfer the employee to a second position until such time as 18
the employee is found not guilty, the charges are dismissed, the employee is 19
terminated, or the superintendent determines that further personnel action is not 20
required. The employee shall continue to be paid at the same rate of pay he or she 21
received prior to the transfer. If an employee is charged with an offense outside of 22
the Commonwealth, this provision may also be applied if the charge would have 23
been treated as a felony if committed within the Commonwealth. Transfers shall be 24
made to prevent disruption of the educational process and district operations and in 25
the interest of students and staff and shall not be construed as evidence of 26
misconduct. 27 UNOFFICIAL COPY 25 RS BR 20
Page 12 of 35
XXXX 12/27/2024 11:28 AM Jacketed
(13)[(11)] Notwithstanding any law to the contrary, each certified and classified 1
employee of the school district shall notify the superintendent if he or she has been 2
found by the Cabinet for Health and Family Services to have abused or neglected a 3
child, and if he or she has waived the right to appeal a substantiated finding of child 4
abuse or neglect or if the substantiated incident was upheld upon appeal. Any 5
failure to report this finding shall result in the certified or classified employee being 6
subject to dismissal or termination. 7
(14) The superintendent shall annually notify school district employees of the self-8
reporting requirements of subsections (12) and (13) of this section. 9
(15)[(12)] The form for requesting a CA/N check shall be made available on the Cabinet 10
for Health and Family Services website. 11
(16) Subsections (1) and (5) to (14) of this section shall apply to public charter schools 12
as a health and safety requirement under KRS 160.1592(1). 13
Section 3. KRS 156.160 is amended to read as follows: 14
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 15
Board of Education shall promulgate administrative regulations establishing 16
standards which school districts shall meet in student, program, service, and 17
operational performance. These regulations shall comply with the expected 18
outcomes for students and schools set forth in KRS 158.6451. Administrative 19
regulations shall be promulgated for the following: 20
(a) Courses of study for the different grades and kinds of common schools 21
identifying the common curriculum content directly tied to the goals, 22
outcomes, and assessment strategies developed under KRS 158.645, 23
158.6451, and 158.6453 and distributed to local school districts and schools. 24
The administrative regulations shall provide that: 25
1. If a school offers American sign language, the course shall be accepted 26
as meeting the foreign language requirements in common schools 27 UNOFFICIAL COPY 25 RS BR 20
Page 13 of 35
XXXX 12/27/2024 11:28 AM Jacketed
notwithstanding other provisions of law; 1
2. If a school offers the Reserve Officers Training Corps program, the 2
course shall be accepted as meeting the physical education requirement 3
for high school graduation notwithstanding other provisions of law; 4
3. Every public middle and high school's curriculum shall include 5
instruction on the Holocaust and other cases of genocide, as defined by 6
the United Nations Convention on the Prevention and Punishment of the 7
Crime of Genocide, that a court of competent jurisdiction, whether a 8
court in the United States or the International Court of Justice, has 9
determined to have been committed by applying rigorous standards of 10
due process; and 11
4. Beginning in the 2025-2026 school year, cursive writing shall be 12
included as a course of study in all elementary schools and shall be 13
designed to ensure proficiency in cursive writing by the end of grade 14
five (5); 15
(b) Courses of study or educational experiences available to students in all middle 16
and high schools to fulfill the prerequisites for courses in advanced science 17
and mathematics as defined in KRS 158.845; 18
(c) The acquisition and use of educational equipment for the schools as 19
recommended by the Council for Education Technology; 20
(d) The minimum requirements for high school graduation in light of the 21
expected outcomes for students and schools set forth in KRS 158.6451. The 22
minimum requirements shall not include achieving any postsecondary 23
readiness indicator as described in KRS 158.6455 or any minimum score on a 24
statewide assessment administered under KRS 158.6453. Student scores from 25
any assessment administered under KRS 158.6453 that are determined by the 26
department's technical advisory committee to be valid and reliable at the 27 UNOFFICIAL COPY 25 RS BR 20
Page 14 of 35
XXXX 12/27/2024 11:28 AM Jacketed
individual level shall be included on the student transcript. The department's 1
technical advisory committee shall submit its determination to the 2
commissioner of education and the Legislative Research Commission; 3
(e) The requirements for an alternative high school diploma for students with 4
disabilities whose individualized education program indicates that, in 5
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 6
1. The student cannot participate in the regular statewide assessment; and 7
2. An appropriate alternate assessment has been selected for the student 8
based upon a modified curriculum and an individualized course of 9
study; 10
(f) Taking and keeping a school census, and the forms, blanks, and software to be 11
used in taking and keeping the census and in compiling the required reports. 12
The board shall create a statewide student identification numbering system 13
based on students' Social Security numbers. The system shall provide a 14
student identification number similar to, but distinct from, the Social Security 15
number, for each student who does not have a Social Security number or 16
whose parents or guardians choose not to disclose the Social Security number 17
for the student; 18
(g) Sanitary and protective construction of public school buildings, toilets, 19
physical equipment of school grounds, school buildings, and classrooms. With 20
respect to physical standards of sanitary and protective construction for school 21
buildings, the Kentucky Board of Education shall adopt the Uniform State 22
Building Code; 23
(h) Medical inspection, physical and health education and recreation, and other 24
regulations necessary or advisable for the protection of the physical welfare 25
and safety of the public school children. The administrative regulations shall 26
set requirements for student health standards to be met by all students in 27 UNOFFICIAL COPY 25 RS BR 20
Page 15 of 35
XXXX 12/27/2024 11:28 AM Jacketed
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 1
in KRS 158.6451. The administrative regulations shall permit a student who 2
received a physical examination no more than six (6) months prior to his or 3
her initial admission to Head Start to substitute that physical examination for 4
the physical examination required by the Kentucky Board of Education of all 5
students upon initial admission to the public schools, if the physical 6
examination given in the Head Start program meets all the requirements of the 7
physical examinations prescribed by the Kentucky Board of Education; 8
(i) A vision examination by an optometrist or ophthalmologist that shall be 9
required by the Kentucky Board of Education. The administrative regulations 10
shall require evidence that a vision examination that meets the criteria 11
prescribed by the Kentucky Board of Education has been performed. This 12
evidence shall be submitted to the school no later than January 1 of the first 13
year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a 14
public school, public preschool, or Head Start program; 15
(j) 1. [Beginning with the 2010-2011 school year, ]A dental screening or 16
examination by a dentist, dental hygienist, physician, registered nurse, 17
advanced practice registered nurse, or physician assistant that shall be 18
required by the Kentucky Board of Education. The administrative 19
regulations shall require evidence that a dental screening or examination 20
that meets the criteria prescribed by the Kentucky Board of Education 21
has been performed. This evidence shall be submitted to the school no 22
later than January 1 of the first year that a five (5) or six (6) year-old 23
child is enrolled in a public school. 24
2. A child shall be referred to a licensed dentist if a dental screening or 25
examination performed by anyone other than a licensed dentist identifies 26
the possibility of dental disease; 27 UNOFFICIAL COPY 25 RS BR 20
Page 16 of 35
XXXX 12/27/2024 11:28 AM Jacketed
(k) The transportation of children to and from school; 1
(l) The fixing of holidays on which schools may be closed and special days to be 2
observed, and the pay of teachers during absence because of sickness or 3
quarantine or when the schools are closed because of quarantine; 4
(m) The preparation of budgets and salary schedules for the several school 5
districts under the management and control of the Kentucky Board of 6
Education; 7
(n) A uniform series of forms and blanks, educational and financial, including 8
forms of contracts, for use in the several school districts; 9
(o) The disposal of real and personal property owned by local boards of 10
education; and 11
(p) The development and implementation of procedures, for all students who are 12
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 13
the following: 14
1. Awarding and accepting of credit, including partial credit, for all 15
coursework satisfactorily completed by a student while enrolled at 16
another school; 17
2. Allowing a student who was previously enrolled in a course required for 18
graduation the opportunity, to the extent practicable, to complete the 19
course, at no cost to the student, before the beginning of the next school 20
year; 21
3. Awarding a diploma, at the student's request, by a district from which 22
the student transferred, if the student transfers schools at any time after 23
the completion of the student's second year of high school and the 24
student is ineligible to graduate from the district to which the student 25
transfers, but meets the graduation requirements of the district from 26
which the student transferred; and 27 UNOFFICIAL COPY 25 RS BR 20
Page 17 of 35
XXXX 12/27/2024 11:28 AM Jacketed
4. Exempting the student from all coursework and other requirements 1
imposed by the local board of education that are in addition to the 2
minimum requirements for high school graduation established by the 3
Kentucky Board of Education pursuant to paragraph (d) of this 4
subsection in the district to which the student transfers, if the student 5
transfers schools at any time after the completion of the student's second 6
year of high school and the student is ineligible to graduate both from 7
the district to which the student transfers and the district from which the 8
student transferred. 9
(2) (a) At the request of a local board of education or a school council, a local school 10
district superintendent shall request that the Kentucky Board of Education 11
waive any administrative regulation promulgated by that board. [Beginning in 12
the 1996-97 school year, ]A request for waiver of any administrative 13
regulation shall be submitted to the Kentucky Board of Education in writing 14
with appropriate justification for the waiver. The Kentucky Board of 15
Education may approve the request when the school district or school has 16
demonstrated circumstances that may include but are not limited to the 17
following: 18
1. An alternative approach will achieve the same result required by the 19
administrative regulation; 20
2. Implementation of the administrative regulation will cause a hardship on 21
the school district or school or jeopardize the continuation or 22
development of programs; or 23
3. There is a finding of good cause for the waiver. 24
(b) The following shall not be subject to waiver: 25
1. Administrative regulations relating to health and safety; 26
2. Administrative regulations relating to civil rights; 27 UNOFFICIAL COPY 25 RS BR 20
Page 18 of 35
XXXX 12/27/2024 11:28 AM Jacketed
3. Administrative regulations required by federal law; and 1
4. Administrative regulations promulgated in accordance with KRS 2
158.6451, 158.6453, 158.6455, and this section, relating to measurement 3
of performance outcomes and determination of successful districts or 4
schools, except upon issues relating to the grade configuration of 5
schools. 6
(c) Any waiver granted under this subsection shall be subject to revocation upon 7
a determination by the Kentucky Board of Education that the school district or 8
school holding the waiver has subsequently failed to meet the intent of the 9
waiver. 10
(3) Any private, parochial, or church school may voluntarily comply with: 11
(a) Curriculum, certification, and textbook standards established by the Kentucky 12
Board of Education; and 13
(b) Employment standards established in Section 4 of this Act; 14
and be certified upon application to the board by such schools. 15
(4) Any public school that violates the provisions of KRS 158.854 shall be subject to a 16
penalty to be assessed by the commissioner of education as follows: 17
(a) The first violation shall result in a fine of no less than one (1) week's revenue 18
from the sale of the competitive food; 19
(b) Subsequent violations shall result in a fine of no less than one (1) month's 20
revenue from the sale of the competitive food; 21
(c) "Habitual violations," which means five (5) or more violations within a six (6) 22
month period, shall result in a six (6) month ban on competitive food sales for 23
the violating school; and 24
(d) Revenue collected as a result of the fines in this subsection shall be 25
transferred to the food service fund of the local school district. 26
Section 4. KRS 160.151 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 20
Page 19 of 35
XXXX 12/27/2024 11:28 AM Jacketed
(1) For purposes of this section, "certified nonpublic school" means a private, 1
parochial, or church school that has voluntarily been certified by the Kentucky 2
Board of Education in accordance with subsection (3) of Section 3 of this Act. 3
(2)[(1)] (a) 1. A certified nonpublic school shall[private, parochial, or church 4
school that has voluntarily been certified by the Kentucky Board of 5
Education in accordance with KRS 156.160(3) may] require a national 6
and state criminal background check and require a clear CA/N check, as 7
defined in KRS 160.380, on all new certified hires in the school and 8
student teachers assigned to the school and may require a new national 9
and state criminal background check and require a clear CA/N check on 10
each certified teacher once every five (5) years of employment. 11
2. Certified individuals who were employed in another certified position in 12
a Kentucky school within six (6) months of the date of the hire and who 13
had previously submitted to a national and state criminal background 14
check and were required to have a clear CA/N check for previous 15
employment may be excluded from the initial national or state criminal 16
background checks. 17
(b) The national criminal history background check shall be conducted by the 18
Federal Bureau of Investigation. The state criminal history background check 19
shall be conducted by the Department of Kentucky State Police or the 20
Administrative Office of the Courts. 21
(c) All fingerprints requested under this section shall be on an applicant 22
fingerprint card provided by the Department of Kentucky State Police. The 23
fingerprint cards shall be forwarded to the Federal Bureau of Investigation by 24
the Department of Kentucky State Police after a state criminal background 25
check has been conducted. Any fee charged by the Department of Kentucky 26
State Police, the Administrative Office of the Courts, or the Federal Bureau of 27 UNOFFICIAL COPY 25 RS BR 20
Page 20 of 35
XXXX 12/27/2024 11:28 AM Jacketed
Investigation shall be an amount no greater than the actual cost of processing 1
the request and conducting the search. 2
(3)[(2)] (a) When a certified nonpublic[If a] school requires a criminal background 3
check or requires a clear CA/N check under this section[for a new hire], the 4
school shall conspicuously include the following disclosure statement on each 5
application or renewal form provided by the employer to an applicant for a 6
certified position: "STATE LAW AUTHORIZES THIS SCHOOL TO 7
REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A 8
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 9
FOR HEALTH AND FAMILY SERVICES STATING THE A PPLICANT 10
HAS NO ADMINISTRATIVE FINDINGS OF [IS CLEAR TO HIRE 11
BASED ON NO FINDINGS OF SUBSTANTIATED] CHILD ABUSE OR 12
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 13
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 14
FOR HEALTH AND FAMILY SERVICES [AS A CONDITION OF 15
EMPLOYMENT FOR THIS TYPE OF POSITION] ." 16
(b) The school or school board may require an adult who is permitted access to 17
school grounds on a regularly scheduled and continuing basis pursuant to a 18
written agreement for the purpose of providing services directly to a student 19
or students as part of a school-sponsored program or activity, a volunteer, or a 20
visitor to submit to a national criminal history check by the Federal Bureau of 21
Investigation and state criminal history background check by the Department 22
of Kentucky State Police or Administrative Office of the Courts and require a 23
clear CA/N check. 24
(c) Any request for records from the Department of Kentucky State Police under 25
this section shall be on an applicant fingerprint card provided by the 26
Department of Kentucky State Police if required. The results of the state 27 UNOFFICIAL COPY 25 RS BR 20
Page 21 of 35
XXXX 12/27/2024 11:28 AM Jacketed
criminal background check and the results of the national criminal history 1
background check[, if requested,] shall be sent to the hiring superintendent. 2
When[If] a background check of child abuse and neglect records is requested, 3
the person seeking employment shall provide to the hiring superintendent a 4
clear CA/N check. 5
(d) Any fee charged by the Department of Kentucky State Police shall be an 6
amount no greater than the actual cost of processing the request and 7
conducting the search. 8
(e) Every five (5) years from the year an individual was required to submit to a 9
national and state criminal records check under subsection (2) of this 10
section, a certified nonpublic school shall require the individual to submit to 11
a state records check. 12
(4)[(3)] (a) A certified nonpublic school shall[voluntarily implementing the 13
provisions of this chapter may choose] not[ to] employ any person who is a 14
violent offender as defined by KRS 17.165(2), has been convicted of a sex 15
crime which is classified as a felony as defined by KRS 17.165(1), or has 16
committed a violent crime as defined in KRS 17.165(3) or persons with a 17
substantiated finding of child abuse or neglect in records maintained by the 18
Cabinet for Health and Family Services. A certified nonpublic school may 19
employ, at its discretion, persons convicted of sex crimes classified as a 20
misdemeanor. 21
(b) If a school term has begun and a certified position remains unfilled or if a 22
vacancy occurs during a school term, a certified nonpublic school 23
[implementing this chapter] may employ an individual who will have 24
supervisory or disciplinary authority over minors on probationary status 25
pending receipt of a criminal history background check or the receipt of a 26
clear CA/N check, provided by the individual. 27 UNOFFICIAL COPY 25 RS BR 20
Page 22 of 35
XXXX 12/27/2024 11:28 AM Jacketed
(c) Employment, including probationary employment, at a certified nonpublic 1
school shall[implementing this chapter may] be contingent on the receipt of a 2
criminal history background check documenting that the employee has no[a] 3
record as a violent offender, of a sex crime, or of a violent crime as defined in 4
KRS 17.165 and[or] the receipt of a clear CA/N check, provided by the 5
individual. 6
[(d) Nonpublic schools implementing this chapter may terminate probationary 7
employment under this section upon receipt of a criminal history background 8
check documenting a record as a violent offender, of a sex crime, or of a 9
violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.] 10
(5)[(4)] The form for requesting a [clear ]CA/N check shall be made available on the 11
Cabinet for Health and Family Services website[Web site]. 12
(6) A certified nonpublic school considering an applicant for employment shall 13
contact each nonpublic school or school district that currently employs or 14
previously employed the applicant for a reference check in accordance with 15
standards established by the Kentucky Board of Education. 16
(7) A certified nonpublic school shall not enter into a nondisclosure agreement 17
relating to misconduct involving a minor or student, including abusive conduct as 18
defined in Section 2 of this Act. 19
Section 5. KRS 156.095 is amended to read as follows: 20
(1) The Kentucky Department of Education shall establish, direct, and maintain a 21
statewide program of professional development to improve instruction in the public 22
schools. 23
(2) (a) Each local school district superintendent shall appoint a certified school 24
employee to fulfill the role and responsibilities of a professional development 25
coordinator who shall disseminate professional development information to 26
schools and personnel. Upon request by a school council or any employees of 27 UNOFFICIAL COPY 25 RS BR 20
Page 23 of 35
XXXX 12/27/2024 11:28 AM Jacketed
the district, the coordinator shall provide technical assistance to the council or 1
the personnel that may include assisting with needs assessments, analyzing 2
school data, planning and evaluation assistance, organizing districtwide 3
programs requested by school councils or groups of teachers, or other 4
coordination activities. 5
(b)[(a)] The manner of appointment, qualifications, and other duties of the 6
professional development coordinator shall be established by Kentucky Board 7
of Education through promulgation of administrative regulations. 8
(c)[(b)] The local district professional development coordinator shall participate 9
in the Kentucky Department of Education annual training program for local 10
school district professional development coordinators. The training program 11
may include[,] but is not[ be] limited to[,] the demonstration of various 12
approaches to needs assessment and planning; strategies for implementing 13
long-term, school-based professional development; strategies for 14
strengthening teachers' roles in the planning, development, and evaluation of 15
professional development; and demonstrations of model professional 16
development programs. The training shall include information about teacher 17
learning opportunities relating to the core content standards. The Kentucky 18
Department of Education shall regularly collect and distribute this 19
information. 20
(3) The Kentucky Department of Education shall provide or facilitate optional, 21
professional development programs for certified personnel throughout the 22
Commonwealth that are based on the statewide needs of teachers, administrators, 23
and other education personnel. Programs may include classified staff and parents 24
when appropriate. Programs offered or facilitated by the department shall be at 25
locations and times convenient to local school personnel and shall be made 26
accessible through the use of technology when appropriate. They shall include 27 UNOFFICIAL COPY 25 RS BR 20
Page 24 of 35
XXXX 12/27/2024 11:28 AM Jacketed
programs that: address the goals for Kentucky schools as stated in KRS 158.6451, 1
including reducing the achievement gaps as determined by an equity analysis of the 2
disaggregated student performance data from the state assessment program 3
developed under KRS 158.6453; engage educators in effective learning processes 4
and foster collegiality and collaboration; and provide support for staff to 5
incorporate newly acquired skills into their work through practicing the skills, 6
gathering information about the results, and reflecting on their efforts. Professional 7
development programs shall be made available to teachers based on their needs 8
which shall include but not be limited to the following areas: 9
(a) Strategies to reduce the achievement gaps among various groups of students 10
and to provide continuous progress; 11
(b) Curriculum content and methods of instruction for each content area, 12
including differentiated instruction; 13
(c) School-based decision making; 14
(d) Assessment literacy; 15
(e) Integration of performance-based student assessment into daily classroom 16
instruction; 17
(f) Nongraded primary programs; 18
(g) Research-based instructional practices; 19
(h) Instructional uses of technology; 20
(i) Curriculum design to serve the needs of students with diverse learning styles 21
and skills and of students of diverse cultures; 22
(j) Instruction in reading, including phonics, phonemic awareness, 23
comprehension, fluency, and vocabulary; 24
(k) Educational leadership; and 25
(l) Strategies to incorporate character education throughout the curriculum. 26
(4) The department shall assist school personnel in assessing the impact of professional 27 UNOFFICIAL COPY 25 RS BR 20
Page 25 of 35
XXXX 12/27/2024 11:28 AM Jacketed
development on their instructional practices and student learning. 1
(5) (a) The department shall assist districts and school councils with the development 2
of long-term school and district improvement plans that include multiple 3
strategies for professional development based on the assessment of needs at 4
the school level. 5
(b)[(a)] Professional development strategies may include but are not limited to 6
participation in subject matter academies, teacher networks, training institutes, 7
workshops, seminars, and study groups; collegial planning; action research; 8
mentoring programs; appropriate university courses; and other forms of 9
professional development. 10
(c)[(b)] In planning the use of the four (4) days for professional development 11
under KRS 158.070, school councils and districts shall give priority to 12
programs that increase teachers' understanding of curriculum content and 13
methods of instruction appropriate for each content area based on individual 14
school plans. The district may use up to one (1) day to provide district-wide 15
training and training that is mandated by state or federal law. Only those 16
employees identified in the mandate or affected by the mandate shall be 17
required to attend the training. 18
(d)[(c)] State funds allocated for professional development shall be used to 19
support professional development initiatives that are consistent with local 20
school improvement and professional development plans and teachers' 21
individual growth plans. The funds may be used throughout the year for all 22
staff, including classified and certified staff and parents on school councils or 23
committees. A portion of the funds allocated to each school council under 24
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 25
teaching practices related to the content and subject matter that are required 26
for their specific classroom assignments. 27 UNOFFICIAL COPY 25 RS BR 20
Page 26 of 35
XXXX 12/27/2024 11:28 AM Jacketed
(6) (a) The Kentucky Cabinet for Health and Family Services shall post on its web 1
page evidence-based suicide prevention awareness information, to include 2
recognizing the warning signs of a suicide crisis. The web page shall include 3
information related to suicide prevention training opportunities offered by the 4
cabinet or an agency recognized by the cabinet as a training provider. 5
(b) Every public school and public charter school shall provide two (2) evidence-6
based suicide prevention awareness lessons each school year, the first by 7
September 15 and the second by January 15, either in person, by live 8
streaming, or via a video recording to all students in grades six (6) through 9
twelve (12). Every public school shall provide an opportunity for any student 10
absent on the day the evidence-based suicide prevention awareness lesson was 11
initially presented to receive the lesson at a later time. The information may 12
be obtained from the Cabinet for Health and Family Services or from a 13
commercially developed suicide prevention training program. 14
(c) 1. Each school year, a minimum of one (1) hour of high-quality evidence-15
based suicide prevention training, including risk factors, warning signs, 16
protective factors, response procedures, referral, postvention, and the 17
recognition of signs and symptoms of possible mental illness, shall be 18
required for all school district employees with job duties requiring direct 19
contact with students in grades four (4) through twelve (12). The 20
training shall be provided either in person, by live streaming, or via a 21
video recording and may be included in the four (4) days of professional 22
development under KRS 158.070. As used in this subparagraph, 23
"postvention" means a series of planned supports and interventions with 24
persons affected by a suicide for the purpose of facilitating the grieving 25
or adjustment process, stabilizing the environment, reducing the risk of 26
negative behaviors, and limiting the risk of further suicides through 27 UNOFFICIAL COPY 25 RS BR 20
Page 27 of 35
XXXX 12/27/2024 11:28 AM Jacketed
contagion. 1
2. When a staff member subject to the training under subparagraph 1. of 2
this paragraph is initially hired during a school year in which the 3
training is not required, the local district shall provide suicide prevention 4
materials to the staff member for review. 5
(d) The requirements of paragraphs (b) and (c) of this subsection shall apply to 6
public charter schools as a health and safety requirement under KRS 7
160.1592(1). 8
(7) (a) By November 1 of each year, a minimum of one (1) hour of training on how 9
to respond to an active shooter situation shall be required for all school district 10
employees with job duties requiring direct contact with students. The training 11
shall be provided either in person, by live streaming, or via a video recording 12
prepared by the Kentucky Department of Criminal Justice Training in 13
collaboration with the Kentucky Law Enforcement Council, the Kentucky 14
Department of Education, and the Center for School Safety and may be 15
included in the four (4) days of professional development under KRS 16
158.070. 17
(b) When a staff member subject to the training requirements of this subsection is 18
initially hired after the training has been provided for the school year, the 19
local district shall provide materials on how to respond to an active shooter 20
situation. 21
(c) The requirements of this subsection shall also apply to public charter schools 22
as a health and safety requirement under KRS 160.1592(1). 23
(8) (a) The Kentucky Department of Education shall develop and maintain a list of 24
approved comprehensive evidence-informed trainings on child abuse and 25
neglect prevention, recognition, and reporting that encompass child physical, 26
sexual, and emotional abuse and neglect. 27 UNOFFICIAL COPY 25 RS BR 20
Page 28 of 35
XXXX 12/27/2024 11:28 AM Jacketed
(b) The trainings shall be web-based or in-person and cover, at a minimum, the 1
following topics: 2
1. Recognizing child physical, sexual, and emotional abuse and neglect; 3
2. Reporting suspected child abuse and neglect in Kentucky as required by 4
KRS 620.030 and the appropriate documentation; 5
3. Responding to the child; and 6
4. Understanding the response of child protective services. 7
(c) The trainings shall include a questionnaire or other basic assessment tool upon 8
completion to document basic knowledge of training components. 9
(d) Each local board of education shall adopt one (1) or more trainings from the 10
list approved by the Department of Education to be implemented by schools. 11
(e) All school administrators, certified personnel, office staff, instructional 12
assistants, and coaches and extracurricular sponsors who are employed by the 13
school district shall complete the implemented training or trainings within 14
ninety (90) days of being hired and then every two (2) years after. 15
(f) Every public school shall prominently display the statewide child abuse 16
hotline number administered by the Cabinet for Health and Family Services, 17
the National Human Trafficking Reporting Hotline number administered by 18
the United States Department for Health and Human Services, and the Safe 19
Haven Baby Boxes Crisis Line number administered by the Safe Haven Baby 20
Boxes national organization or any equivalent successor entity. 21
(g) The requirements of this subsection shall also apply to public charter schools 22
as a health and safety requirement under KRS 160.1592(1). 23
(9) (a) By May 1, 2026, the Kentucky Department of Education, in collaboration 24
with the Education Professional Standards Board, shall develop a training 25
for school district employees, to be provided via video recording, related to 26
appropriate relationships and communication with students, inappropriate 27 UNOFFICIAL COPY 25 RS BR 20
Page 29 of 35
XXXX 12/27/2024 11:28 AM Jacketed
relationships and communication with students, sexual grooming, and 1
sexual misconduct. 2
(b) Beginning with the 2026-2027 school year, and every five (5) years 3
thereafter, every local school district shall require all employees to undergo 4
the training described in paragraph (a) of this subsection. 5
(c) When an employee is hired by a district during a school year in which the 6
training is not required, the school district shall require the employee to 7
complete the training within ninety (90) days of hiring. 8
(d) The requirements of this subsection shall apply to public charter schools as 9
a health and safety requirement under KRS 160.1592(1). 10
(10) The Department of Education shall establish an electronic consumer bulletin board 11
that posts information regarding professional development providers and programs 12
as a service to school district central office personnel, school councils, teachers, and 13
administrators. Participation on the electronic consumer bulletin board shall be 14
voluntary for professional development providers or vendors, but shall include all 15
programs sponsored by the department. Participants shall provide the following 16
information: program title; name of provider or vendor; qualifications of the 17
presenters or instructors; objectives of the program; program length; services 18
provided, including follow-up support; costs for participation and costs of 19
materials; names of previous users of the program, addresses, and telephone 20
numbers; and arrangements required. Posting information on the bulletin board by 21
the department shall not be viewed as an endorsement of the quality of any specific 22
provider or program. 23
(11)[(10)] The Department of Education shall provide training to address the 24
characteristics and instructional needs of students at risk of school failure and most 25
likely to drop out of school. The training shall be developed to meet the specific 26
needs of all certified and classified personnel depending on their relationship with 27 UNOFFICIAL COPY 25 RS BR 20
Page 30 of 35
XXXX 12/27/2024 11:28 AM Jacketed
these students. The training for instructional personnel shall be designed to provide 1
and enhance skills of personnel to: 2
(a) Identify at-risk students early in elementary schools as well as at-risk and 3
potential dropouts in the middle and high schools; 4
(b) Plan specific instructional strategies to teach at-risk students; 5
(c) Improve the academic achievement of students at risk of school failure by 6
providing individualized and extra instructional support to increase 7
expectations for targeted students; 8
(d) Involve parents as partners in ways to help their children and to improve their 9
children's academic progress; and 10
(e) Significantly reduce the dropout rate of all students. 11
(12)[(11)] The department shall establish teacher academies to the extent funding is 12
available in cooperation with postsecondary education institutions for elementary, 13
middle school, and high school faculty in core disciplines, utilizing facilities and 14
faculty from universities and colleges, local school districts, and other appropriate 15
agencies throughout the state. Priority for participation shall be given to those 16
teachers who are teaching core discipline courses for which they do not have a 17
major or minor or the equivalent. Participation of teachers shall be voluntary. 18
(13)[(12)] The department shall annually provide to the oversight council established in 19
KRS 15A.063, the information received from local schools pursuant to KRS 20
158.449. 21
Section 6. KRS 161.151 is amended to read as follows: 22
(1) Except as provided in Section 2 of this Act, all records and references relating to an 23
allegation of a criminal offense committed by a school employee that did not lead to 24
formal charges and all records relating to a criminal proceeding in which a school 25
employee was found not guilty or the charges were dismissed shall be removed 26
from the school employee's personnel file by the superintendent or the 27 UNOFFICIAL COPY 25 RS BR 20
Page 31 of 35
XXXX 12/27/2024 11:28 AM Jacketed
superintendent's designee in the local school district. 1
(2) The provisions of subsection (1) of this section shall not preclude a school district 2
from separately investigating, taking action upon, and creating and maintaining 3
records on the same or a similar fact situation upon which the allegations of a 4
criminal offense was based. 5
Section 7. KRS 158.4431 is amended to read as follows: 6
(1) As used in this section, a "Kentucky guardian" or "guardian" means an employee of 7
a local board of education who is employed for the purpose of providing school 8
safety and security to students and staff on a school site. A person providing 9
services as a guardian may only include honorably discharged veterans, retired 10
Kentucky state troopers, retired special and sworn law enforcement officers, and 11
former federal law enforcement officers. A guardian certified by the Center for 12
School Safety as having met all requirements of this section is deemed to be an 13
authorized individual under KRS 527.070(3)(f) and may be armed with a firearm on 14
school property. 15
(2) Local boards of education may employ as many guardians as the board considers 16
necessary for the safety and security of its schools. 17
(3) Prior to hiring a guardian, the local board of education shall require the applicant to 18
provide certification from the Center for School Safety that he or she meets all of 19
the following minimum requirements: 20
(a) Is a citizen of the United States and the Commonwealth of Kentucky; 21
(b) Has received a high school diploma or a High School Equivalency Diploma; 22
(c) Is currently licensed under KRS 237.110 to carry a concealed weapon; 23
(d) Has completed and passed background checks as required pursuant to KRS 24
160.380(7)[(6)](a), and has not been convicted of any felony, any 25
misdemeanor under KRS 510.120, 510.130, 510.140, or 510.148, or a 26
criminal attempt, conspiracy, facilitation, or solicitation to commit any degree 27 UNOFFICIAL COPY 25 RS BR 20
Page 32 of 35
XXXX 12/27/2024 11:28 AM Jacketed
of rape, sodomy, sexual abuse, or sexual misconduct under KRS Chapter 510, 1
or have had any offense listed in this paragraph expunged; 2
(e) Has passed a medical examination completed by a licensed physician, 3
physician assistant, or advanced practice registered nurse to determine if he or 4
she can perform the duties of a guardian; 5
(f) Has passed a drug screening test administered or approved by the Kentucky 6
Law Enforcement Council. A person shall be deemed to have passed a drug 7
screening test if the results of the test are negative for the use of an illegal 8
controlled substance or prescription drug abuse; 9
(g) Has passed the following examinations administered by the Kentucky Law 10
Enforcement Council: 11
1. A background investigation to determine the person's suitability for the 12
position of guardian; 13
2. A psychological suitability screening to determine the person's 14
suitability to perform guardian duties; and 15
3. A polygraph examination to determine the person's suitability to 16
perform guardian duties; 17
(h) Has passed the following courses provided by the Department of Criminal 18
Justice Training: 19
1. Active Shooter Response; 20
2. Enhanced Handgun Performance; and 21
3. Patrol Rifle; 22
(i) Has passed the marksmanship qualification requirement for a retired peace 23
officer as specified in KRS 237.140; 24
(j) Has been honorably discharged from the Armed Forces of the United States 25
within the five (5) years immediately preceding an initial contract to be a 26
guardian as evidenced by a Department of Defense form DD 214, or is a 27 UNOFFICIAL COPY 25 RS BR 20
Page 33 of 35
XXXX 12/27/2024 11:28 AM Jacketed
retired Kentucky state trooper, retired special or sworn law enforcement 1
officer, or former federal law enforcement officer. Each agency that employed 2
a retired Kentucky state trooper, retired special law enforcement officer, or 3
sworn law enforcement officer shall provide to the retired individual proof of 4
prior employment in a prompt and efficient manner, without charge to the 5
individual; and 6
(k) Has met any other requirements imposed by the local board of education, 7
which may include but are not limited to a preemployment written 8
examination. 9
(4) Each guardian shall be required to complete annual firearm proficiency testing and 10
shall meet the standard in the same manner as set forth in KRS 237.140(4)(a) to (c). 11
(5) Each guardian shall be required to complete the course requirements for School 12
Resource Officer Training I (SRO I) as set forth in KRS 158.4414(8). 13
(6) The employing local board of education may require the completion of any 14
additional courses and training as determined to be necessary by the board. 15
(7) Any cost associated with subsections (3) to (6) of this section shall be the 16
responsibility of the guardian unless otherwise agreed to by the employing local 17
board of education. The Kentucky Law Enforcement Council shall not charge more 18
to guardians for tests, assessments, or training completed than what is customarily 19
charged to any other type of applicant tested, assessed, or trained by the council. 20
(8) A local board of education employing a guardian shall collaborate with the local 21
police department, local sheriff, area post of the Department of Kentucky State 22
Police, and the state school security marshal in order to adopt school district policy 23
regarding: 24
(a) The job description of the guardian, including but not limited to the scope of 25
duties, responsibilities, and direct supervisor of the guardian; 26
(b) The uniform to be worn by guardians that would best suit the needs of the 27 UNOFFICIAL COPY 25 RS BR 20
Page 34 of 35
XXXX 12/27/2024 11:28 AM Jacketed
schools while also allowing outside agencies to easily identify guardians; 1
(c) The procedures, processes, and chain of command to be used during an 2
emergency in which law enforcement agencies are called to the school; and 3
(d) The type of firearm and ammunition to be used by the guardian, if any. 4
(9) A local board of education shall be immune from civil or criminal liability in all 5
claims arising out of any action of a guardian. 6
(10) Guardians shall possess all the immunities and defenses now available or hereafter 7
made available under state law to sheriffs, constables granted peace officer powers, 8
and police officers in any suit brought against them in consequence of acts done in 9
the course of their employment. 10
(11) Nothing in this section requires a local board of education to hire or provide 11
guardians. Participation by a local board of education in the use of a guardian is 12
voluntary and subject to the availability of local school district funds. Any local 13
board of education that opts to participate shall do so at its own expense. 14
Section 8. KRS 156.492 is amended to read as follows: 15
(1) The Kentucky Department of Education may enter into an agreement with any 16
building and construction trade organization to develop a training program for 17
school counselors providing services to students in the Commonwealth. The 18
purpose of the training program shall be to promote building and construction 19
trades and training facilities available to students by making school counselors 20
aware of what is available to students participating in the building and construction 21
trade. The training program shall include information relating to: 22
(a) The pay and benefits available to people who work in the building and 23
construction trades; and 24
(b) Job opportunities, pre-apprenticeships, apprenticeships, and pathways within 25
the building and construction trade industry. 26
(2) The participating trade organization shall ensure ample opportunities for school 27 UNOFFICIAL COPY 25 RS BR 20
Page 35 of 35
XXXX 12/27/2024 11:28 AM Jacketed
counselors that serve grades seven (7) through twelve (12) to complete the training 1
created under subsection (1) of this section annually and shall bear all costs 2
associated with the training. The participating trade organization may choose to 3
offer professional development opportunities to teachers who serve students in 4
grades seven (7) through twelve (12), if resources are available for this purpose. 5
(3) The department shall include the training program created in this section on the 6
electronic consumer bulletin board created pursuant to KRS 156.095[(9)] if 7
requested by the training program. 8
(4) A school counselor serving students in grades seven (7) through twelve (12) may 9
complete four (4) hours of training developed under this section which shall count 10
towards the twenty-one (21) hours required annually pursuant to KRS 11
156.101(4)(b)2. 12
(5) Local boards of education or school-based decision making councils may 13
incorporate this training as part of the four (4) days of professional development 14
required pursuant to KRS 158.070(3)(a) for teachers who serve students in grades 15
seven (7) through twelve (12) if offered by the participating trade organization. 16