AN ACT relating to misconduct in schools and at school-sponsored activities.

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AN ACT relating to misconduct in schools and at 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, incl uding 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 b y 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 ca nnot 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. A lternative 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
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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, tr ansfer, 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, superviso rs, 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 scho ol 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 po sting system described in KRS 27
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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 outside of the process established in KRS 156.161. If the waiver is 7
approved, the appointment shall not be made until the person recommended 8
for the position has been approved by the chief state school officer. The chief 9
state school officer shall respond to a district's request for waiver or for 10
approval of an appointment within two (2) working 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 Kentuck y 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 superint endent 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
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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), o r (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
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a Being the subject of any disciplinary action within the past 1
twelve (12) months; and 2
b. Any resulting resignation or termination related to abusive 3
conduct while employed by any school or school district; and 4
2. Consent to a reference check under paragraph (b) of this subsection 5
and a request for information under paragraph (c) of this subsection. 6
(b) 1. A school district considering an applicant for employment shall 7
contact each school district, public schoo l, or nonpublic school that 8
employs or previously employed the applicant for a reference check 9
before extending an offer of employment. 10
2. A school district, public school, or nonpublic school that employs or 11
previously employed the applicant shall disclos e any disciplinary 12
action, and any resulting resignation or termination, related to abusive 13
conduct while the applicant was employed by the school or school 14
district. 15
3. A school district, public school, or nonpublic school located in a 16
member state of the Interstate Teacher Mobility Compact that employs 17
or previously employed the applicant shall disclose any disciplinary 18
action, and any resulting resignation or termination, related to abusive 19
conduct while the applicant was employed by the school or school 20
district. 21
4. Any school district, public school, nonpublic school, or any school 22
employees making a disclosure pursuant to this paragraph of any 23
disciplinary action and any resulting resignation or termination shall 24
be immune from any civil or criminal li ability that might otherwise be 25
incurred or imposed as a result of: 26
a. Making the disclosure; or 27
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b. Participating in any judicial proceeding that may result from 1
making the disclosure. 2
(c) Upon disclosure under paragraph (a) or (b) of this subsection of 3
disciplinary action involving abusive conduct by an applicant, the school 4
district considering the applicant for employment shall: 5
1. Request all related information and records from the school district, 6
public school, or nonpublic school that previously emp loyed or 7
currently employs the applicant; and 8
2. If the application is for a certified position, request information from 9
the Education Professional Standards Board related to pending 10
disciplinary action against the applicant involving abusive conduct. 11
(d) Upon request from a school district under paragraph (c) of this subsection, 12
the school district, public school, or nonpublic school of previous or current 13
employment or the Educational Professional Standards Board shall provide 14
the requested information, if applicable, within ten (10) working days. 15
(e) Any failure to disclose under paragraph (a)1. of this subsection by an 16
applicant shall result in the applicant being: 17
1. Ineligible for hire by the school district; and 18
2. Subject to dismissal or termination if the applicant is hired by the 19
school district or is a current employee of the school district. 20
(f) The Education Professional Standards Board shall create and implement 21
procedures for responding to a school district upon receiving an inquiry 22
described in paragraphs (c) and (d) of this subsection. 23
(7) Requirements for background checks shall be as follows: 24
(a) A superintendent shall require the following individuals to submit to a 25
national and state criminal background check by the Department of Kentucky 26
State Police and the Federal Bureau of Investigation and have a clear CA/N 27
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check, provided by the individual: 1
1. Each new certified or classified hire; 2
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 3
161.185; 4
3. A student teacher; 5
4. A school-based decision making council parent member; and 6
5. Any adult who is permitted access to school grounds on a regularly 7
scheduled and continuing basis pursuant to a written agreement for the 8
purpose of providing services directly to a student or students as part of 9
a school-sponsored program or activity; 10
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 11
a. Classified and certified individuals employed by the school district 12
prior to June 27, 2019; 13
b. Certified individuals who were employed in another certified 14
position in a Kentucky school district within six (6) months of the 15
date of hire and who had previously submitted t o a national and 16
state criminal background check and who have a clear CA/N check 17
for the previous employment; or 18
c. Student teachers who have submitted to and provide a copy of a 19
national and state criminal background check by the Department 20
of Kentucky St ate Police and the Federal Bureau of Investigation 21
through an accredited teacher education institution in which the 22
student teacher is enrolled and who have a clear CA/N check. 23
2. The Education Professional Standards Board may promulgate 24
administrative reg ulations to impose additional qualifications to meet 25
the requirements of Pub. L. No. 92-544; 26
(c) A parent member may serve prior to the receipt of the criminal history 27
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background check and clear CA/N check[letter] required by paragraph (a) of 1
this subsection but shall be removed from the council on receipt by the school 2
district of a report documenting a record of abuse or neglect, or a sex crime or 3
criminal offense against a victim who is a minor as defined in KRS 17.500, or 4
as a violent offender as define d in KRS 17.165, and no further procedures 5
shall be required; 6
(d) A superintendent may require a volunteer or a visitor to submit to a national 7
and state criminal history background check by the Department of Kentucky 8
State Police and the Federal Bureau of Investigation and have a clear CA/N 9
check, provided by the individual; and 10
(e) The superintendent of a school district operating under an alternative 11
transportation plan approved by the Kentucky Department of Education in 12
accordance with KRS 156.153(3) sh all require the driver of any non -school 13
bus passenger vehicle authorized to transport students to and from school 14
pursuant to the alternative transportation plan who does not have a valid 15
commercial driver's license issued in accordance with KRS Chapter 2 81A 16
with an "S" endorsement to: 17
1. Submit to a national and state criminal background check by the 18
Department of Kentucky State Police and the Federal Bureau of 19
Investigation at least once every three (3) years and a criminal records 20
check conducted in accordance with KRS 27A.090 in all other years; 21
2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt. 22
40; 23
3. Provide a biannual driving history record check performed by the 24
Transportation Cabinet; 25
4. Provide an annual clear CA/N check; 26
5. Immediately notify the superintendent of any conviction for a violation 27
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under KRS Chapter 189 for which penalty points are assessed; and 1
6. Immediately notify the superintendent of any citation or arrest for a 2
violation of any provision of KRS Chapter 1 89A. The superintendent 3
shall inform the Kentucky Department of Education of the notification. 4
(8)[(7)] (a) If a certified or classified position remains unfilled after July 31 or if a 5
vacancy occurs during a school term, a superintendent may employ an 6
individual, who will have supervisory or disciplinary authority over minors, 7
on probationary status pending receipt of the criminal history background 8
check and a clear CA/N check, provided by the individual. Application for the 9
criminal record and a request for a clear CA/N check of a probationary 10
employee shall be made no later than the date probationary employment 11
begins. 12
(b) Employment shall be contingent on the receipt of the criminal history 13
background check documenting that the probationary employee has no record 14
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 15
of a letter, provided by the individual, from the Cabinet for Health and Family 16
Services stating the employee is clear to hire based on no administrative 17
findings of child abuse or neglect found through a background check of child 18
abuse and neglect records maintained by the Cabinet for Health and Family 19
Services. 20
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 21
probationary employment und er this section shall terminate on receipt by the 22
school district of a criminal history background check documenting a record 23
of a sex crime or as a violent offender as defined in KRS 17.165 and no 24
further procedures shall be required. 25
(9)[(8)] The provisi ons of KRS 161.790 shall apply to terminate employment of a 26
certified employee on the basis of a criminal record other than a record of a sex 27
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crime or as a violent offender as defined in KRS 17.165, or on the basis of a CA/N 1
check showing an administrative finding of child abuse or neglect. 2
(10)[(9)] (a) All fingerprints requested under this section shall be on an applicant 3
fingerprint card provided by the Department of Kentucky State Police. The 4
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 5
from the Department of Kentucky State Police after a state criminal 6
background check is conducted. The results of the state and federal criminal 7
background check shall be sent to the hiring superintendent. Any fee charged 8
by the Department o f Kentucky State Police, the Federal Bureau of 9
Investigation, and the Cabinet for Health and Family Services shall be an 10
amount no greater than the actual cost of processing the request and 11
conducting the search. 12
(b) Each application form, provided by the employer to an applicant for a 13
certified or classified position, shall conspicuously state the following: "FOR 14
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 15
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 16
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 17
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 18
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 19
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 20
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 21
FOR HEALTH AND FAMILY SERVICES." 22
(c) Each application form for a district position shall require the applicant to: 23
1. Identify the states in which he or she has maintained residency, 24
including the dates of residency;[ and] 25
2. Provide picture identification; and 26
3. List each school district an d nonpublic school in which the applicant 27
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has been employed, including the dates of employment. 1
(11) (a) When an allegation of abusive conduct is made against a school district 2
employee, the school district employee in receipt of the allegation, whether 3
communicated in writing, electronically, or orally, shall report the 4
allegation to the school principal in accordance with KRS 620.030. The 5
principal shall document the allegation in writing and notify the 6
superintendent or designee. An investigation of the allegation shall be 7
conducted by the school district until it is completed and shall not end prior 8
to completion due to the employee transferring positions within the school 9
district or leaving the school district, unless directed by the Cabinet for 10
Health and Family Services or law enforcement officials to cease the 11
investigation. 12
(b) Notwithstanding Section 6 of this Act, all records and references relating to 13
an allegation of abusive conduct by a school district employee with a 14
student or minor shall be included and remain in an employee's personnel 15
file until completion of an investigation. If, after completion of an 16
investigation, the allegation is determined to be false or unsubstantiated, all 17
records and references relating to the allegation shall be removed from the 18
employee's personnel file. 19
(12)[(10)] Notwithstanding any provision of the Kentucky Revised Statutes to the 20
contrary, any certified or classified employee of the school district shall notify the 21
superintendent within seven (7) calendar day s of being[ when an employee of the 22
school district is] charged with any offense which is classified as a felony .[,] The 23
superintendent may transfer the employee to a second position until such time as 24
the employee is found not guilty, the charges are dism issed, the employee is 25
terminated, or the superintendent determines that further personnel action is not 26
required. The employee shall continue to be paid at the same rate of pay he or she 27
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received prior to the transfer. If an employee is charged with an of fense outside of 1
the Commonwealth, this provision may also be applied if the charge would have 2
been treated as a felony if committed within the Commonwealth. Transfers shall be 3
made to prevent disruption of the educational process and district operations a nd in 4
the interest of students and staff and shall not be construed as evidence of 5
misconduct. 6
(13)[(11)] Notwithstanding any law to the contrary, each certified and classified 7
employee of the school district shall notify the superintendent if he or she ha s been 8
found by the Cabinet for Health and Family Services to have abused or neglected a 9
child, and if he or she has waived the right to appeal a substantiated finding of child 10
abuse or neglect or if the substantiated incident was upheld upon appeal. Any 11
failure to report this finding shall result in the certified or classified employee being 12
subject to dismissal or termination. 13
(14) The superintendent shall annually notify school district employees of the self -14
reporting requirements of subsections (12) and (13) of this section. 15
(15)[(12)] The form for requesting a CA/N check shall be made available on the Cabinet 16
for Health and Family Services website. 17
(16) Subsections (1) and (5) to (14) of this section shall apply to public charter schools 18
as a health and safety requirement under KRS 160.1592(1). 19
Section 3. KRS 156.160 is amended to read as follows: 20
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 21
Board of Education shall promulgate administrative regulations establishing 22
standards which school districts shall meet in student, program, service, and 23
operational performance. T hese regulations shall comply with the expected 24
outcomes for students and schools set forth in KRS 158.6451. Administrative 25
regulations shall be promulgated for the following: 26
(a) Courses of study for the different grades and kinds of common schools 27
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identifying the common curriculum content directly tied to the goals, 1
outcomes, and assessment strategies developed under KRS 158.645, 2
158.6451, and 158.6453 and distributed to local school districts and schools. 3
The administrative regulations shall provide that: 4
1. If a school offers American sign language, the course shall be accepted 5
as meeting the foreign language requirements in common schools 6
notwithstanding other provisions of law; 7
2. If a school offers the Reserve Officers Training Corps program, the 8
course shall be accepted as meeting the physical education requirement 9
for high school graduation notwithstanding other provisions of law; 10
3. Every public middle and high school's curriculum shall include 11
instruction on the Holocaust and other cases of genocid e, as defined by 12
the United Nations Convention on the Prevention and Punishment of the 13
Crime of Genocide, that a court of competent jurisdiction, whether a 14
court in the United States or the International Court of Justice, has 15
determined to have been commit ted by applying rigorous standards of 16
due process; and 17
4. Beginning in the 2025 -2026 school year, cursive writing shall be 18
included as a course of study in all elementary schools and shall be 19
designed to ensure proficiency in cursive writing by the end of grade 20
five (5); 21
(b) Courses of study or educational experiences available to students in all middle 22
and high schools to fulfill the prerequisites for courses in advanced science 23
and mathematics as defined in KRS 158.845; 24
(c) The acquisition and use of educ ational equipment for the schools as 25
recommended by the Council for Education Technology; 26
(d) The minimum requirements for high school graduation in light of the 27
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expected outcomes for students and schools set forth in KRS 158.6451. The 1
minimum requirements shall not include achieving any postsecondary 2
readiness indicator as described in KRS 158.6455 or any minimum score on a 3
statewide assessment administered under KRS 158.6453. Student scores from 4
any assessment administered under KRS 158.6453 that are dete rmined by the 5
department's technical advisory committee to be valid and reliable at the 6
individual level shall be included on the student transcript. The department's 7
technical advisory committee shall submit its determination to the 8
commissioner of education and the Legislative Research Commission; 9
(e) The requirements for an alternative high school diploma for students with 10
disabilities whose individualized education program indicates that, in 11
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 12
1. The student cannot participate in the regular statewide assessment; and 13
2. An appropriate alternate assessment has been selected for the student 14
based upon a modified curriculum and an individualized course of 15
study; 16
(f) Taking and keeping a school census, and the forms, blanks, and software to be 17
used in taking and keeping the census and in compiling the required reports. 18
The board shall create a statewide student identification numbering system 19
based on students' Social Security numbers. The system shall provide a 20
student identification number similar to, but distinct from, the Social Security 21
number, for each student who does not have a Social Security number or 22
whose parents or guardians choose not to disclose the Social Security number 23
for the student; 24
(g) Sanitary and protective construction of public school buildings, toilets, 25
physical equipment of school grounds, school buildings, and classrooms. With 26
respect to physical standards of sanitary and protective construction for school 27
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buildings, the Kentucky Board of Education shall adopt the Uniform State 1
Building Code; 2
(h) Medical inspection, physical and health education and recreation, and other 3
regulations necessary or advisable for the protection of the physical welfare 4
and safety of the public school ch ildren. The administrative regulations shall 5
set requirements for student health standards to be met by all students in 6
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 7
in KRS 158.6451. The administrative regulations shall per mit a student who 8
received a physical examination no more than six (6) months prior to his or 9
her initial admission to Head Start to substitute that physical examination for 10
the physical examination required by the Kentucky Board of Education of all 11
students upon initial admission to the public schools, if the physical 12
examination given in the Head Start program meets all the requirements of the 13
physical examinations prescribed by the Kentucky Board of Education; 14
(i) A vision examination by an optometrist o r ophthalmologist that shall be 15
required by the Kentucky Board of Education. The administrative regulations 16
shall require evidence that a vision examination that meets the criteria 17
prescribed by the Kentucky Board of Education has been performed. This 18
evidence shall be submitted to the school no later than January 1 of the first 19
year that a three (3), four (4), five (5), or six (6) year -old child is enrolled in a 20
public school, public preschool, or Head Start program; 21
(j) 1. [Beginning with the 2010 -2011 sc hool year, ] A dental screening or 22
examination by a dentist, dental hygienist, physician, registered nurse, 23
advanced practice registered nurse, or physician assistant that shall be 24
required by the Kentucky Board of Education. The administrative 25
regulations shall require evidence that a dental screening or examination 26
that meets the criteria prescribed by the Kentucky Board of Education 27
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has been performed. This evidence shall be submitted to the school no 1
later than January 1 of the first year that a five (5) or six (6) year -old 2
child is enrolled in a public school. 3
2. A child shall be referred to a licensed dentist if a dental screening or 4
examination performed by anyone other than a licensed dentist identifies 5
the possibility of dental disease; 6
(k) The transportation of children to and from school; 7
(l) The fixing of holidays on which schools may be closed and special days to be 8
observed, and the pay of teachers during absence because of sickness or 9
quarantine or when the schools are closed because of quarantine; 10
(m) The preparation of budgets and salary schedules for the several school 11
districts under the management and control of the Kentucky Board of 12
Education; 13
(n) A uniform series of forms and blanks, educational and financial, including 14
forms of contracts, for use in the several school districts; 15
(o) The disposal of real and personal property owned by local boards of 16
education; and 17
(p) The development and implementation of procedures, for all students who are 18
homeless children and youths as defined in 42 U. S.C. sec. 11434a(2), to do 19
the following: 20
1. Awarding and accepting of credit, including partial credit, for all 21
coursework satisfactorily completed by a student while enrolled at 22
another school; 23
2. Allowing a student who was previously enrolled in a cours e required for 24
graduation the opportunity, to the extent practicable, to complete the 25
course, at no cost to the student, before the beginning of the next school 26
year; 27
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3. Awarding a diploma, at the student's request, by a district from which 1
the student tra nsferred, if the student transfers schools at any time after 2
the completion of the student's second year of high school and the 3
student is ineligible to graduate from the district to which the student 4
transfers, but meets the graduation requirements of the district from 5
which the student transferred; and 6
4. Exempting the student from all coursework and other requirements 7
imposed by the local board of education that are in addition to the 8
minimum requirements for high school graduation established by the 9
Kentucky Board of Education pursuant to paragraph (d) of this 10
subsection in the district to which the student transfers, if the student 11
transfers schools at any time after the completion of the student's second 12
year of high school and the student is ineligibl e to graduate both from 13
the district to which the student transfers and the district from which the 14
student transferred. 15
(2) Any private, parochial, or church school may voluntarily comply with: 16
(a) Curriculum, certification, and textbook standards establi shed by the Kentucky 17
Board of Education; and 18
(b) Employment standards established in Section 4 of this Act; 19
and be certified upon application to the board by such schools. 20
(3) Any public school that violates the provisions of KRS 158.854 shall be subject to a 21
penalty to be assessed by the commissioner of education as follows: 22
(a) The first violation shall result in a fine of no less than one (1) week's revenue 23
from the sale of the competitive food; 24
(b) Subsequent violations shall result in a fine of no le ss than one (1) month's 25
revenue from the sale of the competitive food; 26
(c) "Habitual violations," which means five (5) or more violations within a six (6) 27
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month period, shall result in a six (6) month ban on competitive food sales for 1
the violating school; and 2
(d) Revenue collected as a result of the fines in this subsection shall be 3
transferred to the food service fund of the local school district. 4
Section 4. KRS 160.151 is amended to read as follows: 5
(1) For purposes of this section, "certified nonpublic school" means a private, 6
parochial, or church school that has voluntarily been certified by the Kentucky 7
Board of Education in accordance with subsection (2) of Section 3 of this Act. 8
(2)[(1)] (a) 1. A certified nonpublic school shall [private, parochial, or church 9
school that has voluntarily been certified by the Kentucky Board of 10
Education in accordance with KRS 156.160(2) may] require a national 11
and state criminal background check and require a clear CA/N check, as 12
defined in KRS 160.380, on all new certified hires in the school and 13
student teachers assigned to the school and may require a new national 14
and state criminal background check and require a clear CA/N check on 15
each certified teacher once every five (5) years of employment. 16
2. Certified individuals who were employed in another certified position in 17
a Kentucky school within six (6) months of the date of the hire and who 18
had previously submitted to a national and state criminal background 19
check and were required to have a clear CA/N check for previous 20
employment may be excluded from the initial national or state criminal 21
background checks. 22
(b) The national criminal history background check shall be conducted by the 23
Federal Bureau of Investigation. Th e state criminal history background check 24
shall be conducted by the Department of Kentucky State Police or the 25
Administrative Office of the Courts. 26
(c) All fingerprints requested under this section shall be on an applicant 27
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fingerprint card provided by the Department of Kentucky State Police. The 1
fingerprint cards shall be forwarded to the Federal Bureau of Investigation by 2
the Department of Kentucky State Police after a state criminal background 3
check has been conducted. Any fee charged by the Department of Kentucky 4
State Police, the Administrative Office of the Courts, or the Federal Bureau of 5
Investigation shall be an amount no greater than the actual cost of processing 6
the request and conducting the search. 7
(3)[(2)] (a) When a certified nonpublic[If a] school requires a criminal background 8
check or requires a clear CA/N check under this section [for a new hire] , the 9
school shall conspicuously include the following disclosure statement on each 10
application or renewal form provided by the employer to an applic ant for a 11
certified position: "STATE LAW AUTHORIZES THIS SCHOOL TO 12
REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A 13
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 14
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 15
HAS NO ADMINISTRATIVE FINDINGS OF [IS CLEAR TO HIRE 16
BASED ON NO FINDINGS OF SUBSTANTIATED] CHILD ABUSE OR 17
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 18
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 19
FOR HEALTH AND FAMILY SERVICES [AS A CONDITION OF 20
EMPLOYMENT FOR THIS TYPE OF POSITION]." 21
(b) The school or school board may require an adult who is permitted access to 22
school grounds on a regularly scheduled and continuing basis pursuant to a 23
written agreement for the purpose of providing services directly to a student 24
or students as part of a school-sponsored program or activity, a volunteer, or a 25
visitor to submit to a national criminal history check by the Federal Bureau of 26
Investigation and state criminal history background check by the Department 27
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of Kentucky State Police or Administ rative Office of the Courts and require a 1
clear CA/N check. 2
(c) Any request for records from the Department of Kentucky State Police under 3
this section shall be on an applicant fingerprint card provided by the 4
Department of Kentucky State Police if require d. The results of the state 5
criminal background check and the results of the national criminal history 6
background check [, if requested,] shall be sent to the hiring superintendent. 7
When[If] a background check of child abuse and neglect records is requested , 8
the person seeking employment shall provide to the hiring superintendent a 9
clear CA/N check. 10
(d) Any fee charged by the Department of Kentucky State Police shall be an 11
amount no greater than the actual cost of processing the request and 12
conducting the search. 13
(e) Every five (5) years from the year an individual was required to submit to a 14
national and state criminal records check under subsection (2) of this 15
section, a certified nonpublic school shall require the individual to submit to 16
a state records check. 17
(4)[(3)] (a) A certified nonpublic school shall[voluntarily implementing the 18
provisions of this chapter may choose] not[ to] employ any person who is a 19
violent offender as defined by KRS 17.165(2), has been convicted of a sex 20
crime which is classified as a felony as defined by KRS 17.165(1), or has 21
committed a violent crime as defined in KRS 17.165(3) or persons with a 22
substantiated finding of child abuse or neglect in records maintained by the 23
Cabinet for Health and Family Services. A certified nonpublic school may 24
employ, at its discretion, persons convicted of sex crimes classified as a 25
misdemeanor. 26
(b) If a school term has begun and a certified position remains unfilled or if a 27
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vacancy occurs during a school term, a certified nonpublic school 1
[implementing this chapter] may employ an individual who will have 2
supervisory or disciplinary authority over minors on probationary status 3
pending receipt of a criminal history background check or the receipt of a 4
clear CA/N check, provided by the individual. 5
(c) Employment, including probationary employment, at a certified nonpublic 6
school shall[implementing this chapter may] be contingent on the receipt of a 7
criminal history background check documenting that the employee has no [a] 8
record as a violent offender, of a sex crime, or of a violent crime as defined in 9
KRS 17.165 and[or] the receipt of a clear CA/N check, provided by the 10
individual.[ 11
(d) Nonpublic schools implementing this chapter may terminate probationary 12
employment under this section upon receipt of a criminal history background 13
check documenting a record as a violent offender, of a sex crime, or of a 14
violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.] 15
(5)[(4)] The form for requesting a [clear ]CA/N check shall be made available on the 16
Cabinet for Health and Family Services website. 17
(6) A certified nonpublic school considering an applicant for employment shall 18
contact each nonpublic school or school district that currently employs or 19
previously employed the applicant for a reference check in accordance with 20
standards established by the Kentucky Board of Education. 21
(7) A certified nonpublic s chool shall not enter into a nondisclosure agreement 22
relating to misconduct involving a minor or student, including abusive conduct as 23
defined in Section 2 of this Act. 24
Section 5. KRS 156.095 is amended to read as follows: 25
(1) (a) The Kentucky Department of Education shall establish, direct, and maintain a 26
statewide program of professional development to improve instruction in the public 27
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schools. 1
(b) By August 1, 2025, the department shall create a four (4) year recurring 2
professional development training schedule that includes all professional 3
development for certified personnel required by subsection (2) of this section 4
and federal law. 5
(c) Each local school district shall implement the professional development 6
training schedule created by the department. 7
(2) All certified school district employees and public charter school employees shall 8
complete at least one (1) hour of each of the following trainings within twelve (12) 9
months of initial hire and at least once every four (4) years thereafter: 10
(a) How to respond to an active shooter situation training prepared by the 11
Department of Criminal Justice Training in collaboration with the department, 12
the Kentucky Law Enforcement Council, and the Center for School Safety; 13
(b) Child abuse and neglect prevention, recognition, and reporting training from 14
the list of trainings approved by the department in accordance with subsection 15
(7) of this section; 16
(c) 1. High-quality, evidence -based suicide prevention training, including risk 17
factors, warning signs, protective factors, response procedures, referral, 18
postvention, and the recognition of signs and symptoms of possible mental 19
illness. 20
2. As used in this parag raph, "postvention" means a series of planned 21
supports and interventions with persons affected by a suicide for the 22
purpose of facilitating the grieving or adjustment process, stabilizing the 23
environment, reducing the risk of negative behaviors, and limiti ng the 24
risk of further suicides through contagion; and 25
(d) Self-study review of seizure disorder materials. 26
(3) (a) Each local school district superintendent shall appoint a certified school 27
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employee to fulfill the role and responsibilities of a profession al development 1
coordinator who shall disseminate professional development information to 2
schools and personnel. Upon request by a school council or any employees of 3
the district, the coordinator shall provide technical assistance to the council or 4
the pers onnel that may include assisting with needs assessments, analyzing 5
school data, planning and evaluation assistance, organizing districtwide 6
programs requested by school councils or groups of teachers, or other 7
coordination activities. 8
(b) The manner of app ointment, qualifications, and other duties of the 9
professional development coordinator shall be established by the local board 10
of education. 11
(c) The local district professional development coordinator may participate in the 12
Kentucky Department of Education annual training program for local school 13
district professional development coordinators. The training program may 14
include but is not[ be] limited to the demonstration of various approaches to 15
needs assessment and planning; strategies for implementing long -term, 16
school-based professional development; strategies for strengthening teachers' 17
roles in the planning, development, and evaluation of professional 18
development; and demonstrations of model professional development 19
programs. The training shall include i nformation about teacher learning 20
opportunities relating to the core content standards. The department shall 21
regularly collect and distribute this information. 22
(4) The department shall provide or facilitate optional, professional development 23
programs for c ertified personnel throughout the Commonwealth that are based on 24
the statewide needs of teachers, administrators, and other education personnel. 25
Programs may include classified staff and parents when appropriate. Programs 26
offered or facilitated by the department shall be at locations and times convenient to 27
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local school personnel and shall be made accessible through the use of technology 1
when appropriate. They shall include programs that: address the goals for Kentucky 2
schools as stated in KRS 158.6451, inc luding reducing the achievement gaps as 3
determined by an equity analysis of the disaggregated student performance data 4
from the state assessment program developed under KRS 158.6453; engage 5
educators in effective learning processes and foster collegiality and collaboration; 6
and provide support for staff to incorporate newly acquired skills into their work 7
through practicing the skills, gathering information about the results, and reflecting 8
on their efforts. Professional development programs shall be made a vailable to 9
teachers based on their needs which shall include but not be limited to the following 10
areas: 11
(a) Strategies to reduce the achievement gaps among various groups of students 12
and to provide continuous progress; 13
(b) Curriculum content and methods o f instruction for each content area, 14
including differentiated instruction; 15
(c) School-based decision making; 16
(d) Assessment literacy; 17
(e) Integration of performance -based student assessment into daily classroom 18
instruction; 19
(f) Nongraded primary programs; 20
(g) Research-based instructional practices; 21
(h) Instructional uses of technology; 22
(i) Curriculum design to serve the needs of students with diverse learning styles 23
and skills and of students of diverse cultures; 24
(j) Instruction in reading, including phonic s, phonemic awareness, 25
comprehension, fluency, and vocabulary; 26
(k) Educational leadership; and 27
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(l) Strategies to incorporate character education throughout the curriculum. 1
(5) The department shall assist school personnel in assessing the impact of professi onal 2
development on their instructional practices and student learning. 3
(6) (a) Upon the request of a school district or school council, the department shall 4
assist with the development of long -term school and district improvement 5
plans that include multip le strategies for professional development based on 6
the assessment of needs at the school level. 7
(b) Professional development strategies may include but are not limited to 8
participation in subject matter academies, teacher networks, training institutes, 9
workshops, seminars, and study groups; collegial planning; action research; 10
mentoring programs; appropriate university courses; and other forms of 11
professional development. 12
(c) In planning the use of the four (4) days for professional development under 13
KRS 158.070, school councils and districts shall give priority to programs that 14
increase teachers' understanding of curriculum content and methods of 15
instruction appropriate for each content area based on individual school plans. 16
The district may use up to one (1) day to provide district -wide training and 17
training that is mandated by state or federal law. Only those employees 18
identified in the mandate or affected by the mandate shall be required to 19
attend the training. 20
(d) State funds allocated for professional development shall be used to support 21
professional development initiatives that are consistent with local school 22
improvement and professional development plans and teachers' individual 23
growth plans. The funds may be used throughout the year for all staff, 24
including classified and certified staff and parents on school councils or 25
committees. A portion of the funds allocated to each school council under 26
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 27
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teaching practices related to the content and subject matter that are required 1
for their specific classroom assignments. 2
(7) (a) The department shall develop and maintain a list of approved comprehensive 3
evidence-informed trainings on child abuse and neglect prevention, 4
recognition, and re porting that encompass child physical, sexual, and 5
emotional abuse and neglect. 6
(b) The trainings shall be web -based or in -person and cover, at a minimum, the 7
following topics: 8
1. Recognizing child physical, sexual, and emotional abuse and neglect; 9
2. Reporting suspected child abuse and neglect in Kentucky as required by 10
KRS 620.030 and the appropriate documentation; 11
3. Responding to the child; and 12
4. Understanding the response of child protective services. 13
(c) The trainings shall include a questionnaire or other basic assessment tool upon 14
completion to document basic knowledge of training components. 15
(d) Each local board of education shall adopt one (1) or more trainings from the 16
list approved by the department to be implemented by schools. 17
(8) (a) By May 1, 2027, the Kentucky Department of Education, in collaboration 18
with the Education Professional Standards Board, shall develop a training 19
for school district employees, to be provid ed via video recording, related to 20
appropriate relationships and communication with students, inappropriate 21
relationships and communication with students, sexual grooming, and 22
sexual misconduct. 23
(b) Beginning with the 2027 -2028 school year, and every five (5) years 24
thereafter, every local school district shall require all employees to undergo 25
the training described in paragraph (a) of this subsection. 26
(c) When an employee is hired by a district during a school year in which the 27
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training is not required, the school district shall require the employee to 1
complete the training within ninety (90) days of hiring. 2
(d) The requirements of this subsection shall apply to public charter schools as 3
a health and safety requirement under KRS 160.1592(1). 4
(9) The departme nt shall establish an electronic consumer bulletin board that posts 5
information regarding professional development providers and programs as a 6
service to school district central office personnel, school councils, teachers, and 7
administrators. Participation on the electronic consumer bulletin board shall be 8
voluntary for professional development providers or vendors, but shall include all 9
programs sponsored by the department. Participants shall provide the following 10
information: program title; name of provid er or vendor; qualifications of the 11
presenters or instructors; objectives of the program; program length; services 12
provided, including follow -up support; costs for participation and costs of 13
materials; names of previous users of the program, addresses, and telephone 14
numbers; and arrangements required. Posting information on the bulletin board by 15
the department shall not be viewed as an endorsement of the quality of any specific 16
provider or program. 17
(10)[(9)] The department shall provide voluntary training t o address the characteristics 18
and instructional needs of students at risk of school failure and most likely to drop 19
out of school. The training shall be developed to meet the specific needs of all 20
certified and classified personnel depending on their relat ionship with these 21
students. The training for instructional personnel shall be designed to provide and 22
enhance skills of personnel to: 23
(a) Identify at -risk students early in elementary schools as well as at -risk and 24
potential dropouts in the middle and high schools; 25
(b) Plan specific instructional strategies to teach at-risk students; 26
(c) Improve the academic achievement of students at risk of school failure by 27
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providing individualized and extra instructional support to increase 1
expectations for targeted students; 2
(d) Involve parents as partners in ways to help their children and to improve their 3
children's academic progress; and 4
(e) Significantly reduce the dropout rate of all students. 5
(11)[(10)] The department shall establish teacher academies to the exte nt funding is 6
available in cooperation with postsecondary education institutions for elementary, 7
middle school, and high school faculty in core disciplines, utilizing facilities and 8
faculty from universities and colleges, local school districts, and other appropriate 9
agencies throughout the state. Priority for participation shall be given to those 10
teachers who are teaching core discipline courses for which they do not have a 11
major or minor or the equivalent. Participation of teachers shall be voluntary. 12
(12)[(11)] The department shall annually provide to the oversight council established in 13
KRS 15A.063, the information received from local schools pursuant to KRS 14
158.449. 15
Section 6. KRS 161.151 is amended to read as follows: 16
(1) Except as provided in Section 2 of this Act, all records and references relating to an 17
allegation of a criminal offense committed by a school employee that did not lead to 18
formal charges and all records relating to a criminal proceeding in which a sc hool 19
employee was found not guilty or the charges were dismissed shall be removed 20
from the school employee's personnel file by the superintendent or the 21
superintendent's designee in the local school district. 22
(2) The provisions of subsection (1) of this se ction shall not preclude a school district 23
from separately investigating, taking action upon, and creating and maintaining 24
records on the same or a similar fact situation upon which the allegations of a 25
criminal offense was based. 26
Section 7. KRS 158.4431 is amended to read as follows: 27
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(1) As used in this section, a "Kentucky guardian" or "guardian" means an employee of 1
a local board of education who is employed for the purpose of providing school 2
safety and security to st udents and staff on a school site. A person providing 3
services as a guardian may only include honorably discharged veterans, retired 4
Kentucky state troopers, retired special and sworn law enforcement officers, and 5
former federal law enforcement officers. A guardian certified by the Center for 6
School Safety as having met all requirements of this section is deemed to be an 7
authorized individual under KRS 527.070(3)(f) and may be armed with a firearm on 8
school property. 9
(2) Local boards of education may employ as many guardians as the board considers 10
necessary for the safety and security of its schools. 11
(3) Prior to hiring a guardian, the local board of education shall require the applicant to 12
provide certification from the Center for School Safety that he or she meets all of 13
the following minimum requirements: 14
(a) Is a citizen of the United States and the Commonwealth of Kentucky; 15
(b) Has received a high school diploma or a High School Equivalency Diploma; 16
(c) Is currently licensed under KRS 237.110 to carry a concealed weapon; 17
(d) Has completed and passed background checks as required pursuant to 18
subsection (7)(a) of Section 2 of this Act [KRS 160.380(6)(a)] , and has not 19
been convicted of any felony, any misdemeanor under KRS 510.120, 510.130, 20
510.140, or 510.148, or a criminal attempt, conspiracy, facilitation, or 21
solicitation to commit any degree of rape, so domy, sexual abuse, or sexual 22
misconduct under KRS Chapter 510, or have had any offense listed in this 23
paragraph expunged; 24
(e) Has passed a medical examination completed by a licensed physician, 25
physician assistant, or advanced practice registered nurse to determine if he or 26
she can perform the duties of a guardian; 27
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(f) Has passed a drug screening test administered or approved by the Kentucky 1
Law Enforcement Council. A person shall be deemed to have passed a drug 2
screening test if the results of the test ar e negative for the use of an illegal 3
controlled substance or prescription drug abuse; 4
(g) Has passed the following examinations administered by the Kentucky Law 5
Enforcement Council: 6
1. A background investigation to determine the person's suitability for th e 7
position of guardian; 8
2. A psychological suitability screening to determine the person's 9
suitability to perform guardian duties; and 10
3. A polygraph examination to determine the person's suitability to 11
perform guardian duties; 12
(h) Has passed the following courses provided by the Department of Criminal 13
Justice Training: 14
1. Active Shooter Response; 15
2. Enhanced Handgun Performance; and 16
3. Patrol Rifle; 17
(i) Has passed the marksmanship qualification requirement for a retired peace 18
officer as specified in KRS 237.140; 19
(j) Has been honorably discharged from the Armed Forces of the United States 20
within the five (5) years immediately preceding an initial contract to be a 21
guardian as evidenced by a Department of Defense form DD 214, or is a 22
retired Kentucky state tro oper, retired special or sworn law enforcement 23
officer, or former federal law enforcement officer. Each agency that employed 24
a retired Kentucky state trooper, retired special law enforcement officer, or 25
sworn law enforcement officer shall provide to the re tired individual proof of 26
prior employment in a prompt and efficient manner, without charge to the 27
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individual; and 1
(k) Has met any other requirements imposed by the local board of education, 2
which may include but are not limited to a preemployment written 3
examination. 4
(4) Each guardian shall be required to complete annual firearm proficiency testing and 5
shall meet the standard in the same manner as set forth in KRS 237.140(4)(a) to (c). 6
(5) Each guardian shall be required to complete the course requirements for School 7
Resource Officer Training I (SRO I) as set forth in KRS 158.4414(8). 8
(6) The employing local board of education may require the completion of any 9
additional courses and training as determined to be necessary by the board. 10
(7) Any cost associate d with subsections (3) to (6) of this section shall be the 11
responsibility of the guardian unless otherwise agreed to by the employing local 12
board of education. The Kentucky Law Enforcement Council shall not charge more 13
to guardians for tests, assessments, or training completed than what is customarily 14
charged to any other type of applicant tested, assessed, or trained by the council. 15
(8) A local board of education employing a guardian shall collaborate with the local 16
police department, local sheriff, area p ost of the Department of Kentucky State 17
Police, and the state school security marshal in order to adopt school district policy 18
regarding: 19
(a) The job description of the guardian, including but not limited to the scope of 20
duties, responsibilities, and direct supervisor of the guardian; 21
(b) The uniform to be worn by guardians that would best suit the needs of the 22
schools while also allowing outside agencies to easily identify guardians; 23
(c) The procedures, processes, and chain of command to be used during an 24
emergency in which law enforcement agencies are called to the school; and 25
(d) The type of firearm and ammunition to be used by the guardian, if any. 26
(9) A local board of education shall be immune from civil or criminal liability in all 27
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claims arising out of any action of a guardian. 1
(10) Guardians shall possess all the immunities and defenses now available or hereafter 2
made available under state law to she riffs, constables granted peace officer powers, 3
and police officers in any suit brought against them in consequence of acts done in 4
the course of their employment. 5
(11) Nothing in this section requires a local board of education to hire or provide 6
guardians. Participation by a local board of education in the use of a guardian is 7
voluntary and subject to the availability of local school district funds. Any local 8
board of education that opts to participate shall do so at its own expense. 9
Section 8. KRS 156.492 is amended to read as follows: 10
(1) The Kentucky Department of Education may enter into an agreement with any 11
building and construction trade organization to develop a training program for 12
school counselors providing services to students in the Commonwealth. The 13
purpose of the training progr am shall be to promote building and construction 14
trades and training facilities available to students by making school counselors 15
aware of what is available to students participating in the building and construction 16
trade. The training program shall include information relating to: 17
(a) The pay and benefits available to people who work in the building and 18
construction trades; and 19
(b) Job opportunities, pre -apprenticeships, apprenticeships, and pathways within 20
the building and construction trade industry. 21
(2) The participating trade organization shall ensure ample opportunities for school 22
counselors that serve grades seven (7) through twelve (12) to complete the training 23
created under subsection (1) of this section annually and shall bear all costs 24
associated with the training. The participating trade organization may choose to 25
offer professional development opportunities to teachers who serve students in 26
grades seven (7) through twelve (12), if resources are available for this purpose. 27
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(3) The department shall include the training program created in this section on the 1
electronic consumer bulletin board created pursuant to KRS 156.095 [(8)] if 2
requested by the training program. 3
(4) A school counselor serving students in grades seven (7) through twelve (12) may 4
complete four (4) hours of training developed under this section which shall count 5
towards the twenty -one (21) hours required annually pursuant to KRS 6
156.101(4)(b)2. 7
(5) Local boards of education or school -based decision making councils may 8
incorporate thi s training as part of the four (4) days of professional development 9
required pursuant to KRS 158.070(3)(a) for teachers who serve students in grades 10
seven (7) through twelve (12) if offered by the participating trade organization. 11
Section 9. KRS 158.200 is amended to read as follows: 12
(1) The boards of education of local school districts may provide an opportunity for 13
pupils to attend moral instruction in their jurisdiction, in the manner provided in this 14
section. 15
(2) (a) Local boards of education shall allow pupils to be excused for up to one (1) 16
hour on no more than one (1) day each week, which shall include time 17
attributed to travel to and from, to attend a district -approved request for a 18
moral instruction offering upon receiving the consent of the pupil's parent or 19
guardian. 20
(b) Moral instruction provided under this section shall not take place on school 21
property. 22
(c) Pupil participation in moral instruction shall be voluntary and free from 23
coercion by school personnel. 24
(d) Moral instruction shall be given without expense to any local board of 25
education above de minimis administrative expenses incurred in carrying out 26
this section. 27
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(3) An individual, organization, entity, or any combination thereof seeking to provide a 1
moral instruction offering for pupils shall submit a written, signed request to the 2
local board of education of a school district regarding the proposed moral 3
instruction offering. The request shall include: 4
(a) Contact information for the primary individual who will be providing the 5
moral instruction, as well as all other individuals who may be transporting 6
pupils or providing moral instruction to students through the offering; 7
(b) A statement acknowledging and agreeing to be bound by the requirements 8
placed upon moral instruction offerings under this section; 9
(c) The address or a description of the location where the moral instruction will 10
be provided; 11
(d) A transportation plan to ensure the safety of pupils while traveling to and 12
from moral instruction within the allotted time period; 13
(e) A statement acknowledging and agreeing to inform the parent or guardian of a 14
participating pupil that the school district and its employees and agents shall 15
not incur any liability as a result of any injury sustained by the pupil related to 16
participation in the moral instruction offering; 17
(f) A statement acknowledging and agreeing to indemnify and hold harmless the 18
school district and its employees and agents against any claims relating to the 19
moral instruction offering or transportation to or from the offering; and 20
(g) Proof of insurance coverage to be carried by the provider that shall include 21
adequate insurance for liability, property loss, and personal injury of students 22
related to the moral instruction offering or transp ortation to or from the 23
offering. 24
(4) (a) Upon receipt of a request under subsection (3) of this section, the local board 25
of education may make arrangements with the person seeking to provide the 26
moral instruction offering as the local board deems necessary. 27
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(b) Upon approval by the local board of a request under this section, the 1
superintendent of the school district shall require each individual identified in 2
the request to submit to a national and state criminal history background 3
check by the Department of Ken tucky State Police and the Federal Bureau of 4
Investigation and have a clear CA/N check, provided by the individual, 5
consistent with the provisions of KRS 160.380 (7)[(6)]. The individuals, or the 6
organization or entity through which the moral instruction of fering will be 7
provided, shall be responsible for all costs associated with obtaining the 8
criminal history and CA/N checks under this paragraph. 9
(c) As a condition of the agreement between the local board and a provider, the 10
local board shall require that any individual identified in the request under 11
subsection (3) of this section be barred from providing transportation or 12
participating in moral instruction offerings under this section upon receipt by 13
the school district of a report documenting a record of: 14
1. Child abuse or neglect; 15
2. A sex crime or criminal offense against a victim who is a minor, as 16
defined in KRS 17.500; or 17
3. A violent crime as defined in KRS 17.165; 18
by the individual. The prohibition shall continue until the local board receives 19
an updated record for that individual that does not contain a disqualifying 20
item. 21
(5) A pupil who attends a moral instruction offering at the time specified and for the 22
period fixed shall be: 23
(a) Credited with the time of attendance as if he or she had been i n actual 24
attendance in school, and the time shall be included as part of the actual 25
school work required in KRS 158.060. A pupil shall not be penalized for any 26
school work missed during the specified time; and 27
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(b) Included in calculating the average daily attendance for the Support Education 1
Excellence in Kentucky program as if the pupil was in actual attendance in 2
school. 3
(6) A pupil who does not participate in a moral instruction offering shall remain in 4
school during the time when the instruction is bein g given, and shall take noncredit 5
enrichment courses or participate in educational activities not required in the 6
regular curriculum, and that time shall be included as part of the actual school work 7
required in KRS 158.060. Students of different grade lev els may be placed into 8
combined classrooms in accordance with maximum class size allotments as 9
described in KRS 157.360. These courses or activities shall be supervised by 10
certified school personnel and may include but are not limited to study hall, 11
computer instruction, music, art, library, physical education, and tutorial assistance. 12
(7) A school district shall not discriminate against a pupil for his or her participation or 13
nonparticipation in a moral instruction offering. 14
(8) (a) Each local board of edu cation shall submit the following information 15
quarterly to the Kentucky Department of Education: 16
1. The name of each applicant that submitted a request to provide a moral 17
instruction offering; 18
2. The date of the application; 19
3. The local board's approval or denial of the application; and 20
4. If the request was denied, the reason for the denial. 21
(b) The Kentucky Department of Education shall compile the quarterly reports 22
required by this subsection and submit a combined report to the Legislative 23
Research Commission no later than December 1 of each year for referral to 24
the appropriate Interim Joint Committee on Education. 25