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AN ACT relating to bus safety. 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) As used in this section: 4
(a) "Danger zone" means the area within ten (10) feet of a school bus in any 5
direction; and[All school buses for which bids are made or bid contracts 6
awarded shall meet the standards and specifications of the Kentucky 7
Department of Education. The term ] 8
(b) "School bus" means[," as used in this section, shall mean] any motor vehicle 9
which meets the standards and specifications for school buses as provided by 10
law or by the standards or specifications of the Kentucky Department of 11
Education authorized by law and used solely in transporting school children 12
and school employees to and from school under the supervision and control 13
and at the direction of school authorities, and shall further include school bus 14
accessory equipment and supplies and replacement equipment considered to 15
be reasonably adaptable for purchase from price contract agreements. 16
(2) All school buses for which bids are made or a bid contract is awarded shall meet 17
the standards and specifications of the Kentucky Department of Education. 18
(3)[(b)] The standards and specifications for accessory equipment and supplies and 19
replacement equipment under subsection (2) of this section[paragraph (a) of this 20
subsection] shall be based on federal safety standards and shall not discriminate 21
among manufacturers unless the Kentucky Department of Education finds evidence 22
that a specific manufacturer's product is defective or dangerous to use. 23
(4)[(c)] The Kentucky Department of Education shall provide the list of standards and 24
specifications for accessory equipment and supplies and replacement equipment to 25
the Finance and Administration Cabinet for the purposes of maintaining the price 26
contract list required under KRS 45A.489. 27 UNOFFICIAL COPY 25 RS BR 957
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(5)[(2)] School buses shall be clearly marked as transporting students and shall 1
undergo a safety inspection no less than once every thirty (30) days. 2
(6)[(3)] (a) Districts may also use vehicles owned, leased, or contracted by the 3
district that were designed and built by the manufacturer for passenger 4
transportation of nine (9) or fewer passengers, including the driver, for 5
transporting students to and from school and approved school activities under 6
an alternative transportation plan approved by the Kentucky Department of 7
Education. 8
(b) Non-school bus passenger vehicles used under this subsection shall be clearly 9
marked as transporting students and undergo a safety inspection no less than 10
once every thirty (30) days. 11
(c) Non-school bus passenger vehicles used under this subsection shall be 12
operated by an employee or contractor of a local school district that has a 13
valid Class D operator's license. An individual that operates a non-school bus 14
passenger vehicle to transport a student or students without a current valid 15
license required by this paragraph shall be subject to the penalties set forth in 16
KRS 156.990(4). 17
(d) The Kentucky Board of Education shall promulgate administrative regulations 18
in accordance with KRS Chapter 13A to establish: 19
1. Minimum standards and specifications for non-school bus passenger 20
vehicles used under this subsection, including a standard for minimum 21
insurance coverage; 22
2. Minimum route safety standards and pick-up and drop-off protocols for 23
pupil transportation using non-school bus passenger vehicles that 24
prohibit non-school bus passenger vehicles from depositing a student at 25
a location that would require the student to cross a road or intersection 26
to reach the student's destination; and 27 UNOFFICIAL COPY 25 RS BR 957
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3. Minimum qualifications, training, and drug testing requirements for an 1
individual to be authorized to transport any student to and from school 2
using a non-school bus passenger vehicle. The drug testing requirements 3
shall require an individual to submit to drug testing consistent with the 4
requirements of 49 C.F.R. pt. 40 to be authorized to transport students to 5
and from school using a non-school bus passenger vehicle. 6
(7)[(4)] As part of its regular procedure for establishing and updating standards and 7
specifications for school buses and non-school bus passenger vehicles, the 8
Kentucky Department of Education shall consider allowing school buses to operate 9
using clean transportation fuels, as defined in KRS 186.750. If the department 10
determines that school buses or non-school bus passenger vehicles may operate 11
using clean transportation fuels while maintaining the same or a higher degree of 12
safety as fuels currently allowed, it shall update its standards and specifications to 13
allow for such use. 14
(8) The Kentucky Department of Education shall: 15
(a) Consider requiring that any new school bus purchased on or after July 1, 16
2026, be equipped with: 17
1. Sensors to determine the presence of objects in the danger zone 18
around the bus; 19
2. Sensors warning the driver that the door is not completely closed; and 20
3. Interior cameras; and 21
(b) Promulgate administrative regulations in accordance with KRS Chapter 22
13A to establish: 23
1. The design and installation standards for the sensors; and 24
2. Retention periods for interior camera recordings; 25
which may be required under this subsection. 26
(9) By June 30, 2026, the Kentucky Department of Education shall submit a report to 27 UNOFFICIAL COPY 25 RS BR 957
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the Legislative Research Commission for referral to the Interim Joint Committee 1
on Education regarding the availability and effectiveness of sensor technology. 2
Section 2. KRS 156.990 is amended to read as follows: 3
(1) Any witness who fails, without legal excuse, to attend or to testify, when required 4
by the chief state school officer under these provisions, shall be fined not more than 5
twenty-five dollars ($25) for each offense. 6
(2) Any person who violates any of the provisions of KRS 156.400 to 156.470 shall be 7
fined not more than five hundred dollars ($500) or imprisoned not more than three 8
(3) months, or both. 9
(3) A violation of subsection (1) of KRS 156.483 shall cause the Department of 10
Education to be fined not less than five hundred dollars ($500) or more than one 11
thousand dollars ($1,000). 12
(4) Any person who operates a non-school bus passenger vehicle to transport a student 13
or students within the Commonwealth without holding a current valid license as 14
required pursuant to KRS 156.153(6)[(3)](c) shall be guilty of a Class D felony. 15
Section 3. 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 25 RS BR 957
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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 25 RS BR 957
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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 25 RS BR 957
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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 employ in any position in the district any person who: 24
(a) Has been convicted of an offense that would classify a person as a violent 25
offender under KRS 439.3401; 26
(b) Has been convicted of a sex crime as defined by KRS 17.500 or a 27 UNOFFICIAL COPY 25 RS BR 957
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misdemeanor offense under KRS Chapter 510; 1
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 2
(d) Has an administrative finding of child abuse or neglect in records maintained 3
by the Cabinet for Health and Family Services. 4
(6) Requirements for background checks shall be as follows: 5
(a) A superintendent shall require the following individuals to submit to a 6
national and state criminal background check by the Department of Kentucky 7
State Police and the Federal Bureau of Investigation and have a clear CA/N 8
check, provided by the individual: 9
1. Each new certified or classified hire; 10
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 11
161.185; 12
3. A student teacher; 13
4. A school-based decision making council parent member; and 14
5. Any adult who is permitted access to school grounds on a regularly 15
scheduled and continuing basis pursuant to a written agreement for the 16
purpose of providing services directly to a student or students as part of 17
a school-sponsored program or activity; 18
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 19
a. Classified and certified individuals employed by the school district 20
prior to June 27, 2019; 21
b. Certified individuals who were employed in another certified 22
position in a Kentucky school district within six (6) months of the 23
date of hire and who had previously submitted to a national and 24
state criminal background check and who have a clear CA/N check 25
for the previous employment; or 26
c. Student teachers who have submitted to and provide a copy of a 27 UNOFFICIAL COPY 25 RS BR 957
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national and state criminal background check by the Department 1
of Kentucky State Police and the Federal Bureau of Investigation 2
through an accredited teacher education institution in which the 3
student teacher is enrolled and who have a clear CA/N check. 4
2. The Education Professional Standards Board may promulgate 5
administrative regulations to impose additional qualifications to meet 6
the requirements of Pub. L. No. 92-544; 7
(c) A parent member may serve prior to the receipt of the criminal history 8
background check and CA/N letter required by paragraph (a) of this 9
subsection but shall be removed from the council on receipt by the school 10
district of a report documenting a record of abuse or neglect, or a sex crime or 11
criminal offense against a victim who is a minor as defined in KRS 17.500, or 12
as a violent offender as defined in KRS 17.165, and no further procedures 13
shall be required; 14
(d) A superintendent may require a volunteer or a visitor to submit to a national 15
and state criminal history background check by the Department of Kentucky 16
State Police and the Federal Bureau of Investigation and have a clear CA/N 17
check, provided by the individual; and 18
(e) The superintendent of a school district operating under an alternative 19
transportation plan approved by the Kentucky Department of Education in 20
accordance with KRS 156.153(6)[(3)] shall require the driver of any non-21
school bus passenger vehicle authorized to transport students to and from 22
school pursuant to the alternative transportation plan who does not have a 23
valid commercial driver's license issued in accordance with KRS Chapter 24
281A with an "S" endorsement to: 25
1. Submit to a national and state criminal background check by the 26
Department of Kentucky State Police and the Federal Bureau of 27 UNOFFICIAL COPY 25 RS BR 957
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Investigation at least once every three (3) years and a criminal records 1
check conducted in accordance with KRS 27A.090 in all other years; 2
2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt. 3
40; 4
3. Provide a biannual driving history record check performed by the 5
Transportation Cabinet; 6
4. Provide an annual clear CA/N check; 7
5. Immediately notify the superintendent of any conviction for a violation 8
under KRS Chapter 189 for which penalty points are assessed; and 9
6. Immediately notify the superintendent of any citation or arrest for a 10
violation of any provision of KRS Chapter 189A. The superintendent 11
shall inform the Kentucky Department of Education of the notification. 12
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 13
vacancy occurs during a school term, a superintendent may employ an 14
individual, who will have supervisory or disciplinary authority over minors, 15
on probationary status pending receipt of the criminal history background 16
check and a clear CA/N check, provided by the individual. Application for the 17
criminal record and a request for a clear CA/N check of a probationary 18
employee shall be made no later than the date probationary employment 19
begins. 20
(b) Employment shall be contingent on the receipt of the criminal history 21
background check documenting that the probationary employee has no record 22
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 23
of a letter, provided by the individual, from the Cabinet for Health and Family 24
Services stating the employee is clear to hire based on no administrative 25
findings of child abuse or neglect found through a background check of child 26
abuse and neglect records maintained by the Cabinet for Health and Family 27 UNOFFICIAL COPY 25 RS BR 957
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Services. 1
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 2
probationary employment under this section shall terminate on receipt by the 3
school district of a criminal history background check documenting a record 4
of a sex crime or as a violent offender as defined in KRS 17.165 and no 5
further procedures shall be required. 6
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 7
employee on the basis of a criminal record other than a record of a sex crime or as a 8
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 9
showing an administrative finding of child abuse or neglect. 10
(9) (a) All fingerprints requested under this section shall be on an applicant 11
fingerprint card provided by the Department of Kentucky State Police. The 12
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 13
from the Department of Kentucky State Police after a state criminal 14
background check is conducted. The results of the state and federal criminal 15
background check shall be sent to the hiring superintendent. Any fee charged 16
by the Department of Kentucky State Police, the Federal Bureau of 17
Investigation, and the Cabinet for Health and Family Services shall be an 18
amount no greater than the actual cost of processing the request and 19
conducting the search. 20
(b) Each application form, provided by the employer to an applicant for a 21
certified or classified position, shall conspicuously state the following: "FOR 22
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 23
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 24
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 25
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 26
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 27 UNOFFICIAL COPY 25 RS BR 957
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NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 1
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 2
FOR HEALTH AND FAMILY SERVICES." 3
(c) Each application form for a district position shall require the applicant to: 4
1. Identify the states in which he or she has maintained residency, 5
including the dates of residency; and 6
2. Provide picture identification. 7
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 8
when an employee of the school district is charged with any offense which is 9
classified as a felony, the superintendent may transfer the employee to a second 10
position until such time as the employee is found not guilty, the charges are 11
dismissed, the employee is terminated, or the superintendent determines that further 12
personnel action is not required. The employee shall continue to be paid at the same 13
rate of pay he or she received prior to the transfer. If an employee is charged with 14
an offense outside of the Commonwealth, this provision may also be applied if the 15
charge would have been treated as a felony if committed within the 16
Commonwealth. Transfers shall be made to prevent disruption of the educational 17
process and district operations and in the interest of students and staff and shall not 18
be construed as evidence of misconduct. 19
(11) Notwithstanding any law to the contrary, each certified and classified employee of 20
the school district shall notify the superintendent if he or she has been found by the 21
Cabinet for Health and Family Services to have abused or neglected a child, and if 22
he or she has waived the right to appeal a substantiated finding of child abuse or 23
neglect or if the substantiated incident was upheld upon appeal. Any failure to 24
report this finding shall result in the certified or classified employee being subject 25
to dismissal or termination. 26
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 27 UNOFFICIAL COPY 25 RS BR 957
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Health and Family Services website. 1
Section 4. KRS 189.540 is amended to read as follows: 2
(1) The Kentucky Board of Education shall promulgate administrative regulations to 3
govern the design and operation of all Kentucky school buses and to govern the 4
operation of district-owned passenger vehicles transporting students under KRS 5
156.153(6)[(2)]. The board shall, with the advice and aid of the Department of 6
Kentucky State Police and the Transportation Cabinet, enforce the administrative 7
regulations governing the operation of all school buses whether owned by a school 8
district or privately contracted and all district-owned passenger vehicles 9
transporting students under KRS 156.153(6)[(2)]. The regulations covering the 10
operation shall by reference be made a part of any contract with a school district. 11
Every school district and private contractor referred to under this subsection shall 12
be subject to those regulations. 13
(2) Any employee of any school district who violates any of the administrative 14
regulations in any contract executed on behalf of a school district shall be subject to 15
removal from office. Any person operating a school bus under contract with a 16
school district who fails to comply with any of the administrative regulations shall 17
be guilty of breach of contract and the contract shall be canceled after proper notice 18
and a hearing by the responsible officers of such school district. 19
(3) Any person who operates a school bus shall be required to possess a commercial 20
driver's license issued pursuant to KRS 281A.170 with a school bus endorsement as 21
described in KRS 281A.175. 22
Section 5. KRS 281.635 is amended to read as follows: 23
Notwithstanding anything contained in this chapter: 24
(1) All cities of the Commonwealth are vested with the power to grant authorization for 25
the operation of buses over their streets and highways. Upon acquiring 26
authorization, the holder of the authorization shall apply to the Department of 27 UNOFFICIAL COPY 25 RS BR 957
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Vehicle Regulation for a bus certificate;[.] 1
(2) The governing body of any city in the Commonwealth in which city buses operate 2
shall have supervisory and regulatory power over such buses, while operating in the 3
city, and shall have authority to enforce all ordinances or regulations pertaining to 4
routes, services, time schedules, and operation of the buses and the drivers thereof, 5
but any interested party may appeal to the department from any action, finding, or 6
order of any city within thirty (30) days after the entry of the action, finding, or 7
order, and a hearing shall be held in accordance with KRS 281.640; however, any 8
action, finding, or order of any city shall be sustained if there is substantial evidence 9
or reason to support it; otherwise the department shall make the orders as it deems 10
necessary and proper. However, where a carrier's entire operation is confined to 11
intracity transportation within the corporate limits of a single city, there shall be no 12
appeal to the department from the actions, findings, or orders of the city. Provided 13
further, that where any city bus is subject to the regulatory powers of more than one 14
(1) city and the regulations are in conflict or such as to impede the transportation 15
facilities serving the cities, or the carrier is failing to furnish safe, adequate and 16
convenient service to the public, the department may, upon complaint or on its own 17
initiative, call a hearing and enter orders as are necessary and proper;[.] 18
(3) The governing body of any city of the first class, a city with a population equal to or 19
greater than twenty thousand (20,000) based upon the most recent federal decennial 20
census, and the city's suburban area, or the corporate limits of any city and its 21
suburban area located in a county which contains a city of the first class, a city with 22
a population equal to or greater than twenty thousand (20,000) based upon the most 23
recent federal decennial census, or an urban-county government, in the 24
Commonwealth in which taxicabs, limousines, or disabled persons vehicles operate 25
shall have concurrent supervisory and regulatory power over those certified carriers 26
operating from the city, and shall have authority to enforce all ordinances or 27 UNOFFICIAL COPY 25 RS BR 957
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regulations pertaining to their operation, but any interested party may appeal to the 1
department from any action, finding, or order of any city within thirty (30) days 2
after the entry of the action, finding, or order, and a hearing shall be held in 3
accordance with KRS 281.640; however, any action, finding, or order of any city 4
shall be sustained if there is substantial evidence or reason to support it; otherwise, 5
the department shall make any orders that it deems necessary and proper. Where 6
any taxicab, limousine, or disabled persons vehicle carrier is subject to the 7
regulatory powers of more than one (1) city and the regulations of those cities are in 8
conflict or impede serving the transportation needs of the Commonwealth, the 9
department may, upon complaint or on its own initiative, call a hearing and enter 10
orders as are necessary and proper, including establishing or requiring the 11
establishment of uniform regulations;[.] 12
(4) The governing body of any city of the first class, a city with a population equal to or 13
greater than twenty thousand (20,000) based upon the most recent federal decennial 14
census, and the city's suburban area, or the corporate limits of any city and its 15
suburban area located in a county which contains a city of the first class, a city with 16
a population equal to or greater than twenty thousand (20,000) based upon the most 17
recent federal decennial census, or an urban-county government, in the 18
Commonwealth is hereby vested with the concurrent power to prescribe the 19
qualifications with respect to the health, vision, sobriety, intelligence, ability, moral 20
character, and experience of the drivers of taxicabs, limousines, or disabled persons 21
vehicles operating from the city, and while operating in the city, and may issue 22
permits for qualified drivers. However, any taxicab, limousine, disabled persons 23
vehicle, or TNC vehicle driver must also possess a valid operator's license from 24
Kentucky or another jurisdiction;[.] 25
(5) The governing body of any city in the Commonwealth in which city buses operate 26
is encouraged to consider requiring any new bus purchased on or after July 1, 27 UNOFFICIAL COPY 25 RS BR 957
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2026, be equipped with sensor technology as set forth in subsection (8) of Section 1
1 of this Act; and 2
(6) The governing body of a city shall not have authority over a motor vehicle that is 3
being operated as a human service transportation delivery vehicle under a contract 4
with the Transportation Cabinet in accordance with KRS 96A.095(4). 5
Section 6. Subsection (8) of Section 1 of this Act may be cited as Ally's Law. 6