UNOFFICIAL COPY 25 RS BR 1389
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AN ACT amending the 2024-2026 State/Executive Branch biennial budget and 1
declaring an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. 2024 Kentucky Acts Chapter 175, Part I, Operating Budget, J. 4
Postsecondary Education, 1. Council on Postsecondary Education, (13) Immunity for 5
Postsecondary Institutions, at page 1872, is amended to read as follows: 6
[(13) Immunity for Postsecondary Institutions: Notwithstanding any statute to the 7
contrary, a public postsecondary institution, including any affiliated corporation, its 8
officers, employees, and agents, shall be immune from all claims, including class action 9
claims for damages, a declaratory judgment, and equitable relief based on an act or 10
omission if: 11
(a) The claim arises out of or in connection with tuition paid to the public 12
postsecondary institution for an academic term that included the months of March, April, 13
and May 2020; 14
(b) The claim alleges losses or damages arising from an act or omission by the 15
public postsecondary institution during or in response to the COVID-19 emergency; 16
(c) The alleged act or omission of the public postsecondary institution was related 17
to protecting public health and safety interests in response to the COVID-19 emergency 18
in compliance with federal, state, or local guidance, including but not limited to: 19
1. Transition to online or otherwise remote instruction; 20
2. Pause or modification to instruction available through the institution of higher 21
education; 22
3. Closure of, or modification to, operation of on-campus facilities of the public 23
postsecondary institution; or 24
4. The public postsecondary institution offered online and otherwise remote 25
learning options that allowed students to complete the coursework in the academic term 26
that included the months of March, April, and May 2020 and receive academic credit.] 27 UNOFFICIAL COPY 25 RS BR 1389
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Section 2. Whereas individuals are entitled to seek redress for alleged losses or 1
damages arising from the acts or omissions of public postsecondary institutions during 2
the COVID-19 emergency, an emergency is declared to exist, and this Act takes effect 3
upon its passage and approval by the Governor or upon its otherwise becoming a law. 4