AN ACT relating to public charter schools.

UNOFFICIAL COPY 26 RS BR 232
Page 1 of 89
XXXX 10/23/2025 11:39 AM Jacketed
AN ACT relating to public charter schools. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 18A.225 is amended to read as follows: 3
(1) (a) The term "employee" for purposes of this section means: 4
1. Any person, including an elected public official, who is regularly 5
employed by any department, office, board, agency, or bran ch of state 6
government; or by a public postsecondary educational institution; or by 7
any city, urban -county, charter county, county, or consolidated local 8
government, whose legislative body has opted to participate in the state -9
sponsored health insurance pr ogram pursuant to KRS 79.080; and who 10
is either a contributing member to any one (1) of the retirement systems 11
administered by the state, including but not limited to the Kentucky 12
Retirement Systems, County Employees Retirement System, Kentucky 13
Teachers' R etirement System, the Legislators' Retirement Plan, or the 14
Judicial Retirement Plan; or is receiving a contractual contribution from 15
the state toward a retirement plan; or, in the case of a public 16
postsecondary education institution, is an individual parti cipating in an 17
optional retirement plan authorized by KRS 161.567; or is eligible to 18
participate in a retirement plan established by an employer who ceases 19
participating in the Kentucky Employees Retirement System pursuant to 20
KRS 61.522 whose employees par ticipated in the health insurance plans 21
administered by the Personnel Cabinet prior to the employer's effective 22
cessation date in the Kentucky Employees Retirement System; 23
2. Any certified or classified employee of a local board of education [ or a 24
public charter school as defined in KRS 160.1590]; 25
3. Any elected member of a local board of education; 26
4. Any person who is a present or future recipient of a retirement 27
UNOFFICIAL COPY 26 RS BR 232
Page 2 of 89
XXXX 10/23/2025 11:39 AM Jacketed
allowance from the Kentucky Retirement Systems, County Employees 1
Retirement System, Kentucky Teachers' Retirement System, the 2
Legislators' Retirement Plan, the Judicial Retirement Plan, or the 3
Kentucky Community and Technical College System's optional 4
retirement plan authorized by KRS 161.567, except that a person who is 5
receiving a retirement allowance and who is age sixty -five (65) or older 6
shall not be included, with the exception of persons covered under KRS 7
61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 8
employed pursuant to subparagraph 1. of this paragraph; and 9
5. Any eligible dependents and beneficiaries of participating employees 10
and retirees who are entitled to participate in the state -sponsored health 11
insurance program; 12
(b) The term "health benefit plan" for the purposes of this section means a health 13
benefit plan as defined in KRS 304.17A-005; 14
(c) The term "insurer" for the purposes of this section means an insurer as defined 15
in KRS 304.17A-005; and 16
(d) The term "managed care plan" for the purposes of this s ection means a 17
managed care plan as defined in KRS 304.17A-500. 18
(2) (a) The secretary of the Finance and Administration Cabinet, upon the 19
recommendation of the secretary of the Personnel Cabinet, shall procure, in 20
compliance with the provisions of KRS 45A. 080, 45A.085, and 45A.090, 21
from one (1) or more insurers authorized to do business in this state, a group 22
health benefit plan that may include but not be limited to health maintenance 23
organization (HMO), preferred provider organization (PPO), point of serv ice 24
(POS), and exclusive provider organization (EPO) benefit plans 25
encompassing all or any class or classes of employees. With the exception of 26
employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 27
UNOFFICIAL COPY 26 RS BR 232
Page 3 of 89
XXXX 10/23/2025 11:39 AM Jacketed
all employers of any class of employees or former employees shall enter into 1
a contract with the Personnel Cabinet prior to including that group in the state 2
health insurance group. The contracts shall include but not be limited to 3
designating the entity responsible for filing any federal forms, adoption of 4
policies required for proper plan administration, acceptance of the contractual 5
provisions with health insurance carriers or third -party administrators, and 6
adoption of the payment and reimbursement methods necessary for efficient 7
administration of the health insurance program. Health insurance coverage 8
provided to state employees under this section shall, at a minimum, contain 9
the same benefits as provided under Kentucky Kare Standard as of January 1, 10
1994, and shall include a mail -order drug option as provided in subsection 11
(13) of this section. All employees and other persons for whom the health care 12
coverage is provided or made available shall annually be given an option to 13
elect health care coverage through a self -funded plan offered by the 14
Commonwealth or, if a self -funded plan is not available, from a list of 15
coverage options determined by the competitive bid process under the 16
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 17
during annual open enrollment. 18
(b) The policy o r policies shall be approved by the commissioner of insurance 19
and may contain the provisions the commissioner of insurance approves, 20
whether or not otherwise permitted by the insurance laws. 21
(c) Any carrier bidding to offer health care coverage to employee s shall agree to 22
provide coverage to all members of the state group, including active 23
employees and retirees and their eligible covered dependents and 24
beneficiaries, within the county or counties specified in its bid. Except as 25
provided in subsection (20) of this section, any carrier bidding to offer health 26
care coverage to employees shall also agree to rate all employees as a single 27
UNOFFICIAL COPY 26 RS BR 232
Page 4 of 89
XXXX 10/23/2025 11:39 AM Jacketed
entity, except for those retirees whose former employers insure their active 1
employees outside the state -sponsored health ins urance program and as 2
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 3
(d) Any carrier bidding to offer health care coverage to employees shall agree to 4
provide enrollment, claims, and utilization data to the Commonwealth in a 5
format specified by the Personnel Cabinet with the understanding that the data 6
shall be owned by the Commonwealth; to provide data in an electronic form 7
and within a time frame specified by the Personnel Cabinet; and to be subject 8
to penalties for noncompliance with da ta reporting requirements as specified 9
by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 10
to protect the confidentiality of each individual employee; however, 11
confidentiality assertions shall not relieve a carrier from the requir ement of 12
providing stipulated data to the Commonwealth. 13
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 14
for timely analysis of data received from carriers and, to the extent possible, 15
provide in the request -for-proposal sp ecifics relating to data requirements, 16
electronic reporting, and penalties for noncompliance. The Commonwealth 17
shall own the enrollment, claims, and utilization data provided by each carrier 18
and shall develop methods to protect the confidentiality of the i ndividual. The 19
Personnel Cabinet shall include in the October annual report submitted 20
pursuant to the provisions of KRS 18A.226 to the Governor, the General 21
Assembly, and the Chief Justice of the Supreme Court, an analysis of the 22
financial stability of the program, which shall include but not be limited to 23
loss ratios, methods of risk adjustment, measurements of carrier quality of 24
service, prescription coverage and cost management, and statutorily required 25
mandates. If state self -insurance was available as a carrier option, the report 26
also shall provide a detailed financial analysis of the self -insurance fund 27
UNOFFICIAL COPY 26 RS BR 232
Page 5 of 89
XXXX 10/23/2025 11:39 AM Jacketed
including but not limited to loss ratios, reserves, and reinsurance agreements. 1
(f) If any agency participating in the state -sponsored employee health insurance 2
program for its active employees terminates participation and there is a state 3
appropriation for the employer's contribution for active employees' health 4
insurance coverage, then neither the agency nor the employees shall receive 5
the state -funded contribution after termination from the state -sponsored 6
employee health insurance program. 7
(g) Any funds in flexible spending accounts that remain after all reimbursements 8
have been processed shall be transferred to the credit of the state -sponsored 9
health insurance plan's appropriation account. 10
(h) Each entity participating in the state-sponsored health insurance program shall 11
provide an amount at least equal to the state contribution rate for the employer 12
portion of the health insurance premium. For any participating entity that used 13
the state payroll system, the employer contribution amount shall be equal to 14
but not greater than the state contribution rate. 15
(3) The premiums may be paid by the policyholder: 16
(a) Wholly from funds contributed by the employe e, by payroll deduction or 17
otherwise; 18
(b) Wholly from funds contributed by any department, board, agency, public 19
postsecondary education institution, or branch of state, city, urban -county, 20
charter county, county, or consolidated local government; or 21
(c) Partly from each, except that any premium due for health care coverage or 22
dental coverage, if any, in excess of the premium amount contributed by any 23
department, board, agency, postsecondary education institution, or branch of 24
state, city, urban -county, cha rter county, county, or consolidated local 25
government for any other health care coverage shall be paid by the employee. 26
(4) If an employee moves his or her place of residence or employment out of the 27
UNOFFICIAL COPY 26 RS BR 232
Page 6 of 89
XXXX 10/23/2025 11:39 AM Jacketed
service area of an insurer offering a managed health car e plan, under which he or 1
she has elected coverage, into either the service area of another managed health care 2
plan or into an area of the Commonwealth not within a managed health care plan 3
service area, the employee shall be given an option, at the time of the move or 4
transfer, to change his or her coverage to another health benefit plan. 5
(5) A[No] payment of premium by any department, board, agency, public 6
postsecondary educational institution, or branch of state, city, urban -county, charter 7
county, county, or consolidated local government shall not constitute compensation 8
to an insured employee for the purposes of any statute fixing or limiting the 9
compensation of such an employee. Any premium or other expense incurred by any 10
department, board, agency, p ublic postsecondary educational institution, or branch 11
of state, city, urban -county, charter county, county, or consolidated local 12
government shall be considered a proper cost of administration. 13
(6) The policy or policies may contain the provisions with respect to the class or classes 14
of employees covered, amounts of insurance or coverage for designated classes or 15
groups of employees, policy options, terms of eligibility, and continuation of 16
insurance or coverage after retirement. 17
(7) Group rates under this section shall be made available to the disabled child of an 18
employee regardless of the child's age if the entire premium for the disabled child's 19
coverage is paid by the state employee. A child shall be considered disabled if he or 20
she has been determined to be eligible for federal Social Security disability benefits. 21
(8) The health care contract or contracts for employees shall be entered into for a 22
period of not less than one (1) year. 23
(9) The secretary shall appoint thirty -two (32) persons to an Advisor y Committee of 24
State Health Insurance Subscribers to advise the secretary or the secretary's 25
designee regarding the state -sponsored health insurance program for employees. 26
The secretary shall appoint, from a list of names submitted by appointing 27
UNOFFICIAL COPY 26 RS BR 232
Page 7 of 89
XXXX 10/23/2025 11:39 AM Jacketed
authorities, members representing school districts from each of the seven (7) 1
Supreme Court districts, members representing state government from each of the 2
seven (7) Supreme Court districts, two (2) members representing retirees under age 3
sixty-five (65), one (1) member representing local health departments, two (2) 4
members representing the Kentucky Teachers' Retirement System, and three (3) 5
members at large. The secretary shall also appoint two (2) members from a list of 6
five (5) names submitted by the Kentucky Ed ucation Association, two (2) members 7
from a list of five (5) names submitted by the largest state employee organization of 8
nonschool state employees, two (2) members from a list of five (5) names submitted 9
by the Kentucky Association of Counties, two (2) m embers from a list of five (5) 10
names submitted by the Kentucky League of Cities, and two (2) members from a 11
list of names consisting of five (5) names submitted by each state employee 12
organization that has two thousand (2,000) or more members on state payr oll 13
deduction. The advisory committee shall be appointed in January of each year and 14
shall meet quarterly. 15
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 16
provided to employees pursuant to this section shall not prov ide coverage for 17
obtaining or performing an abortion, nor shall any state funds be used for the 18
purpose of obtaining or performing an abortion on behalf of employees or their 19
dependents. 20
(11) Interruption of an established treatment regime with maintenance drugs shall be 21
grounds for an insured to appeal a formulary change through the established appeal 22
procedures approved by the Department of Insurance, if the physician supervising 23
the treatment certifies that the change is not in the best interests of the patient. 24
(12) Any employee who is eligible for and elects to participate in the state health 25
insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 26
one (1) of the state-sponsored retirement systems shall not be eligible to receive the 27
UNOFFICIAL COPY 26 RS BR 232
Page 8 of 89
XXXX 10/23/2025 11:39 AM Jacketed
state health insurance contribution toward health care coverage as a result of any 1
other employment for which there is a public employer contribution. This does not 2
preclude a retiree and an active employee spouse from using both contributions to 3
the extent needed for purchase of one (1) state sponsored health insurance policy 4
for that plan year. 5
(13) (a) The policies of health insurance coverage procured under subsection (2) of 6
this section shall include a mail -order drug option for maintenance drugs for 7
state employees. Maintenance drugs may be dispensed by mail order in 8
accordance with Kentucky law. 9
(b) A health insurer shall not discriminate against any retail pharmacy located 10
within the geographic coverage area of the health benefit plan and that meets 11
the terms and conditions for participation established by the insurer, including 12
price, dispensing fee, and copay requirements of a mail -order option. The 13
retail pharmacy shall not be required to dispense by mail. 14
(c) The mail -order option shall not permit the dispensing of a controlled 15
substance classified in Schedule II. 16
(14) The policy or policies provided to state employees or their dependents pursuant to 17
this section shall provide coverage for obtaining a hearing aid and acquiring hearing 18
aid-related services for insured individuals under eighteen (18) years of age, subject 19
to a cap of one thousand four hundred dollars ($1,400) every thirty -six (36) months 20
pursuant to KRS 304.17A-132. 21
(15) Any policy provided to state employees or their dependents pursuant to this section 22
shall provide coverage for the diagnosis and treatment of autism spectrum disorders 23
consistent with KRS 304.17A-142. 24
(16) Any policy provided to state employees or their dependents pursuant to this section 25
shall provide coverage for obtaining amino acid -based elemental formula pursuant 26
to KRS 304.17A-258. 27
UNOFFICIAL COPY 26 RS BR 232
Page 9 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(17) If a state employee's residence and place of employment are in the same county, 1
and if the hospital located within that county does not offer surgical services, 2
intensive care services, obstetrical services, level II neonatal services, diagnostic 3
cardiac catheterization services, and magnetic resonance imaging services, the 4
employee may select a plan available in a contiguous county that does provide 5
those services, and the state contribution for the plan shall be the amount available 6
in the county where the plan selected is located. 7
(18) If a state employee's residence and place of employment are each located i n 8
counties in which the hospitals do not offer surgical services, intensive care 9
services, obstetrical services, level II neonatal services, diagnostic cardiac 10
catheterization services, and magnetic resonance imaging services, the employee 11
may select a pla n available in a county contiguous to the county of residence that 12
does provide those services, and the state contribution for the plan shall be the 13
amount available in the county where the plan selected is located. 14
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 15
in the best interests of the state group to allow any carrier bidding to offer health 16
care coverage under this section to submit bids that may vary county by county or 17
by larger geographic areas. 18
(20) Notwithstanding any other provision of this section, the bid for proposals for health 19
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 20
the statewide rating structure provided in calendar year 2003 and a bid scenario that 21
allows for a regional rating structure that allows carriers to submit bids that may 22
vary by region for a given product offering as described in this subsection: 23
(a) The regional rating bid scenario shall not include a request for bid on a 24
statewide option; 25
(b) The Personnel Cabinet shall divide the state into geographical regions which 26
shall be the same as the partnership regions designated by the Department for 27
UNOFFICIAL COPY 26 RS BR 232
Page 10 of 89
XXXX 10/23/2025 11:39 AM Jacketed
Medicaid Services for purposes of the Kentucky Health Care Partnership 1
Program established pursuant to 907 KAR 1:705; 2
(c) The request for proposal shall require a carrier's bid to include every county 3
within the region or regions for which the bid is submitted and include but not 4
be restricted to a preferred provider organization (PPO) option; 5
(d) If the P ersonnel Cabinet accepts a carrier's bid, the cabinet shall award the 6
carrier all of the counties included in its bid within the region. If the Personnel 7
Cabinet deems the bids submitted in accordance with this subsection to be in 8
the best interests of sta te employees in a region, the cabinet may award the 9
contract for that region to no more than two (2) carriers; and 10
(e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 11
other requirements or criteria in the request for proposal. 12
(21) Any fully insured health benefit plan or self -insured plan issued or renewed on or 13
after July 12, 2006, to public employees pursuant to this section which provides 14
coverage for services rendered by a physician or osteopath duly licensed under KRS 15
Chapter 311 that are within the scope of practice of an optometrist duly licensed 16
under the provisions of KRS Chapter 320 shall provide the same payment of 17
coverage to optometrists as allowed for those services rendered by physicians or 18
osteopaths. 19
(22) Any fully insured health benefit plan or self -insured plan issued or renewed to 20
public employees pursuant to this section shall comply with: 21
(a) KRS 304.12-237; 22
(b) KRS 304.17A-270 and 304.17A-525; 23
(c) KRS 304.17A-600 to 304.17A-633; 24
(d) KRS 205.593; 25
(e) KRS 304.17A-700 to 304.17A-730; 26
(f) KRS 304.14-135; 27
UNOFFICIAL COPY 26 RS BR 232
Page 11 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(g) KRS 304.17A-580 and 304.17A-641; 1
(h) KRS 304.99-123; 2
(i) KRS 304.17A-138; 3
(j) KRS 304.17A-148; 4
(k) KRS 304.17A-163 and 304.17A-1631; 5
(l) KRS 304.17A-265; 6
(m) KRS 304.17A-261; 7
(n) KRS 304.17A-262; 8
(o) KRS 304.17A-145; 9
(p) KRS 304.17A-129; 10
(q) KRS 304.17A-133; 11
(r) KRS 304.17A-264; and 12
(s) Administrative regulations promulgated pursuant to statutes listed in this 13
subsection. 14
(23) (a) Any fully insured health benefit plan or self-insured plan issued or renewed to 15
public employees pursuant to this section shall provide a special enrollment 16
period to pregnant women who are eligible for coverage in accordance with 17
the requirements set forth in KRS 304.17-182. 18
(b) The Department of Employee Insurance shall, at or before the time a public 19
employee is initially offered the opportunity to enroll in the plan or coverage, 20
provide the employee a notice of the special enrollment rights under this 21
subsection. 22
Section 2. KRS 78.510 is amended to read as follows: 23
As used in KRS 78.510 to 78.852, unless the context otherwise requires: 24
(1) "System" means the County Employees Retirement System created by KRS 78.510 25
to 78.852; 26
(2) "Board" means the board of trustees of the system as provided in KRS 78.782; 27
UNOFFICIAL COPY 26 RS BR 232
Page 12 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(3) "County" means any county, or nonprofit organization created and governed by a 1
county, counties, or elected county officers, sheriff and his or her employees, 2
county clerk and his or her employees, circuit clerk and his or her deputies, former 3
circuit clerks or former circuit clerk deputies, or political subdivision or 4
instrumentality, including school boards, cities, charter county governments, urban -5
county governments, consolidated local governments, or unified local governments 6
participating in the system by order appropriate to its governmental structure, as 7
provided in KRS 78.530, and if the board is willing to accept the agency, 8
organization, or corporation, the board being hereby granted the authority to 9
determine the eligibility of the agency to participate; 10
(4) "School board" means[: 11
(a) ] any board of education participating in the system by order appropriate to its 12
governmental structure, as provided in KRS 78.530, and if the board is willing 13
to accept the agency or corporation, the board being hereby granted the 14
authority to determine the eligibility of the agency to participate;[ or 15
(b) A public charter school as defined in KRS 160.1590 if the public charter 16
school satisfies the criteria set by the Internal Revenue Service to p articipate 17
in a governmental retirement plan;] 18
(5) "Examiner" means the medical examiners as provided in KRS 61.665; 19
(6) "Employee" means every regular full -time appointed or elective officer or 20
employee of a participating county and the coroner of a parti cipating county, 21
whether or not he or she qualifies as a regular full -time officer. The term shall not 22
include persons engaged as independent contractors, seasonal, emergency, 23
temporary, and part-time workers. In case of any doubt, the board shall determin e if 24
a person is an employee within the meaning of KRS 78.510 to 78.852; 25
(7) "Employer" means a county, as defined in subsection (3) of this section, the elected 26
officials of a county, or any authority of the county having the power to appoint or 27
UNOFFICIAL COPY 26 RS BR 232
Page 13 of 89
XXXX 10/23/2025 11:39 AM Jacketed
elect an employee to office or employment in the county; 1
(8) "Member" means any employee who is included in the membership of the system 2
or any former employee whose membership has not ceased under KRS 78.535; 3
(9) "Service" means the total of current service and pr ior service as defined in this 4
section; 5
(10) "Current service" means the number of years and months of employment as an 6
employee, on and after July 1, 1958, for which creditable compensation is paid and 7
employee contributions deducted, except as otherwise provided; 8
(11) "Prior service" means the numb er of years and completed months, expressed as a 9
fraction of a year, of employment as an employee, prior to July 1, 1958, for which 10
creditable compensation was paid. An employee shall be credited with one (1) 11
month of prior service only in those months he or she received compensation for at 12
least one hundred (100) hours of work. Twelve (12) months of current service in the 13
system shall be required to validate prior service; 14
(12) "Accumulated contributions" means the sum of all amounts deducted from the 15
compensation of a member and credited to his or her individual account in the 16
members' account, including employee contributions picked up after August 1, 17
1982, pursuant to KRS 78.610(4), together with interest credited, on the amounts, 18
and any other amounts the member shall have contributed thereto, including interest 19
credited thereon. "Accumulated contributions" shall not include employee 20
contributions that are deposited into accounts established pursuant to 26 U.S.C. sec. 21
401(h) within the fund established i n KRS 78.520, as prescribed by KRS 22
78.5536(3)(b); 23
(13) "Creditable compensation": 24
(a) Except as limited by paragraph (c) of this subsection, means all salary, wages, 25
and fees, including payments for compensatory time, paid to the employee as 26
a result of se rvices performed for the employer or for time during which the 27
UNOFFICIAL COPY 26 RS BR 232
Page 14 of 89
XXXX 10/23/2025 11:39 AM Jacketed
member is on paid leave, which are includable on the member's federal form 1
W-2 wage and tax statement under the heading "wages, tips, other 2
compensation", including employee contributions picke d up after August 1, 3
1982, pursuant to KRS 78.610(4). The creditable compensation of fee officers 4
who receive salary, fees, maintenance, or other perquisites as a result of their 5
official duties is the gross amount received decreased by the cost of salary 6
paid deputies and clerks and the cost of office supplies and other official 7
expenses; 8
(b) Includes: 9
1. Lump-sum bonuses, severance pay, or employer -provided payments for 10
purchase of service credit, which shall be averaged over the employee's 11
service with the system in which it is recorded if it is equal to or greater 12
than one thousand dollars ($1,000); 13
2. Cases where compensation includes maintenance and other perquisites, 14
but the board shall fix the value of that part of the compensation not paid 15
in money; 16
3. Lump-sum payments for creditable compensation paid as a result of an 17
order of a court of competent jurisdiction, the Personnel Board, or the 18
Kentucky Commission on Human Rights, or for any creditable 19
compensation paid in anticipation of settlement of a n action before a 20
court of competent jurisdiction, the Personnel Board, or the Kentucky 21
Commission on Human Rights, including notices of violations of state 22
or federal wage and hour statutes or violations of state or federal 23
discrimination statutes, which shall be credited to the fiscal year during 24
which the wages were earned or should have been paid by the employer. 25
This subparagraph shall also include lump -sum payments for reinstated 26
wages pursuant to KRS 61.569, which shall be credited to the period 27
UNOFFICIAL COPY 26 RS BR 232
Page 15 of 89
XXXX 10/23/2025 11:39 AM Jacketed
during which the wages were earned or should have been paid by the 1
employer; 2
4. Amounts which are not includable in the member's gross income by 3
virtue of the member having taken a voluntary salary reduction provided 4
for under applicable provisions of the Internal Revenue Code; and 5
5. Elective amounts for qualified transportation fringes paid or made 6
available on or after January 1, 2001, for calendar years on or after 7
January 1, 2001, that are not includable in the gross income of the 8
employee by reason of 26 U.S.C. sec. 132(f)(4); and 9
(c) Excludes: 10
1. Living allowances, expense reimbursements, lump -sum payments for 11
accrued vacation leave, sick leave except as provided in KRS 78.616(5), 12
and other items determined by the board; 13
2. For employees who begin partici pating on or after September 1, 2008, 14
lump-sum payments for compensatory time; 15
3. Training incentive payments for city officers paid as set out in KRS 16
64.5277 to 64.5279; 17
4. For employees who begin participating on or after August 1, 2016, 18
nominal fees paid for services as a volunteer; and 19
5. Any salary or wages paid to an employee for services as a Kentucky 20
State Police school resource officer as defined by KRS 158.441; 21
(14) "Final compensation" means: 22
(a) For a member who begins participating before Septe mber 1, 2008, who is 23
employed in a nonhazardous position, the creditable compensation of the 24
member during the five (5) fiscal years he or she was paid at the highest 25
average monthly rate divided by the number of months of service credit 26
during that five ( 5) year period multiplied by twelve (12). The five (5) years 27
UNOFFICIAL COPY 26 RS BR 232
Page 16 of 89
XXXX 10/23/2025 11:39 AM Jacketed
may be fractional and need not be consecutive. If the number of months of 1
service credit during the five (5) year period is less than forty -eight (48), one 2
(1) or more additional fiscal years shall be used; 3
(b) For a member who is employed in a nonhazardous position, whose effective 4
retirement date is between August 1, 2001, and January 1, 2009, and whose 5
total service credit is at least twenty-seven (27) years and whose age and years 6
of service t otal at least seventy -five (75), final compensation means the 7
creditable compensation of the member during the three (3) fiscal years the 8
member was paid at the highest average monthly rate divided by the number 9
of months of service credit during that thre e (3) year period multiplied by 10
twelve (12). The three (3) years may be fractional and need not be 11
consecutive. If the number of months of service credit during the three (3) 12
year period is less than twenty -four (24), one (1) or more additional fiscal 13
years shall be used; 14
(c) For a member who begins participating before September 1, 2008, who is 15
employed in a hazardous position, as provided in KRS 78.5520, the creditable 16
compensation of the member during the three (3) fiscal years he or she was 17
paid at the highest average monthly rate divided by the number of months of 18
service credit during that three (3) year period multiplied by twelve (12). The 19
three (3) years may be fractional and need not be consecutive. If the number 20
of months of service credit during the three (3) year period is less than twenty-21
four (24), one (1) or more additional fiscal years, which may contain less than 22
twelve (12) months of service credit, shall be used; 23
(d) For a member who begins participating on or after September 1, 2008, but 24
prior to January 1, 2014, who is employed in a nonhazardous position, the 25
creditable compensation of the member during the five (5) complete fiscal 26
years immediately preceding retirement divided by five (5). Each fiscal year 27
UNOFFICIAL COPY 26 RS BR 232
Page 17 of 89
XXXX 10/23/2025 11:39 AM Jacketed
used to determine final compens ation must contain twelve (12) months of 1
service credit. If the member does not have five (5) complete fiscal years that 2
each contain twelve (12) months of service credit, then one (1) or more 3
additional fiscal years, which may contain less than twelve (12 ) months of 4
service credit, shall be added until the number of months in the final 5
compensation calculation is at least sixty (60) months; or 6
(e) For a member who begins participating on or after September 1, 2008, but 7
prior to January 1, 2014, who is employed in a hazardous position as provided 8
in KRS 78.5520, the creditable compensation of the member during the three 9
(3) complete fiscal years he or she was paid at the highest average monthly 10
rate divided by three (3). Each fiscal year used to determine fi nal 11
compensation must contain twelve (12) months of service credit. If the 12
member does not have three (3) complete fiscal years that each contain twelve 13
(12) months of service credit, then one (1) or more additional fiscal years, 14
which may contain less tha n twelve (12) months of service credit, shall be 15
added until the number of months in the final compensation calculation is at 16
least thirty-six (36) months; 17
(15) "Final rate of pay" means the actual rate upon which earnings of an employee were 18
calculated du ring the twelve (12) month period immediately preceding the 19
member's effective retirement date, and shall include employee contributions 20
picked up after August 1, 1982, pursuant to KRS 78.610(4). The rate shall be 21
certified to the system by the employer an d the following equivalents shall be used 22
to convert the rate to an annual rate: two thousand eighty (2,080) hours for eight (8) 23
hour workdays, one thousand nine hundred fifty (1,950) hours for seven and one -24
half (7.5) hour workdays, two hundred sixty (260 ) days, fifty -two (52) weeks, 25
twelve (12) months, one (1) year; 26
(16) "Retirement allowance" means the retirement payments to which a member is 27
UNOFFICIAL COPY 26 RS BR 232
Page 18 of 89
XXXX 10/23/2025 11:39 AM Jacketed
entitled; 1
(17) "Actuarial equivalent" means a benefit of equal value when computed upon the 2
basis of the actuaria l tables adopted by the board. In cases of disability retirement, 3
the options authorized by KRS 61.635 shall be computed by adding ten (10) years 4
to the age of the member, unless the member has chosen the Social Security 5
adjustment option as provided for i n KRS 61.635(8), in which case the member's 6
actual age shall be used. For members who begin participating in the system prior 7
to January 1, 2014, no disability retirement option shall be less than the same option 8
computed under early retirement; 9
(18) "Normal retirement date", unless otherwise provided in KRS 78.510 to 78.852, 10
means: 11
(a) For a member with service in a nonhazardous position, the sixty -fifth birthday 12
of a member; 13
(b) For a member with service in a hazardous position who begins participating 14
before September 1, 2008, the first day of the month following a member's 15
fifty-fifth birthday; or 16
(c) For a member with service in a hazardous position who begins participating 17
on or after September 1, 2008, the first day of the month following a 18
member's sixtieth birthday; 19
(19) "Fiscal year" of the system means the twelve (12) months fro m July 1 through the 20
following June 30, which shall also be the plan year. The "fiscal year" shall be the 21
limitation year used to determine contribution and benefits limits as set out in 26 22
U.S.C. sec. 415; 23
(20) "Agency reporting official" means the person designated by the participating 24
employer who shall be responsible for forwarding all employer and employee 25
contributions and a record of the contributions to the system and for performing 26
other administrative duties pursuant to KRS 78.510 to 78.852; 27
UNOFFICIAL COPY 26 RS BR 232
Page 19 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(21) "Regular full-time positions," as used in subsection (6) of this section, shall mean 1
all positions that average one hundred (100) or more hours per month, determined 2
by using the number of hours actually worked in a calendar or fiscal year, or eighty 3
(80) or more hours per month in the case of noncertified employees of school 4
boards, determined by using the number of hours actually worked in a calendar or 5
school year, unless otherwise specified, except: 6
(a) Seasonal positions, which although temporary in duration, are positions which 7
coincide in duration with a particular season or seasons of the year and that 8
may recur regularly from year to year, in which case the period of time shall 9
not exceed nine (9) months, except for employees of school boards, in wh ich 10
case the period of time shall not exceed six (6) months; 11
(b) Emergency positions which are positions utilized by the employer during: 12
1. An emergency as determined by the employer for a period not 13
exceeding thirty (30) working days and are nonrenewable; or 14
2. A state of emergency declared by the President of the United States or 15
the Governor of the Commonwealth of Kentucky that are created or 16
filled specifically for addressing the employer's needs during and as a 17
result of the declared emergency; 18
(c) Temporary positions that are positions of employment with a participating 19
agency for a period of time not to exceed twelve (12) months and not 20
renewable; 21
(d) Probationary positions which are positions of employment with a participating 22
employer that do not e xceed twelve (12) months and that are used uniformly 23
by the participating agency on new employees who would otherwise be 24
eligible for participation in the system. Probationary positions shall not be 25
renewable by the participating employer for the same empl oyee, unless the 26
employee has not been employed with the participating employer for a period 27
UNOFFICIAL COPY 26 RS BR 232
Page 20 of 89
XXXX 10/23/2025 11:39 AM Jacketed
of at least twelve (12) months; or 1
(e) Part-time positions that are positions that may be permanent in duration, but 2
that require less than a calendar or fiscal ye ar average of one hundred (100) 3
hours of work per month, determined by using the number of months actually 4
worked within a calendar or fiscal year, in the performance of duty, except in 5
case of noncertified employees of school boards, the school term average shall 6
be eighty (80) hours of work per month, determined by using the number of 7
months actually worked in a calendar or school year, in the performance of 8
duty; 9
(22) "Alternate participation plan" means a method of participation in the system as 10
provided for by KRS 78.530(3); 11
(23) "Retired member" means any former member receiving a retirement allowance or 12
any former member who has on file at the retirement office the necessary 13
documents for retirement benefits and is no longer contributing to the system; 14
(24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly, 15
monthly, or yearly rate of pay converted to an annual rate as defined in final rate of 16
pay. The rate shall be certified by the employer; 17
(25) "Beneficiary" means the pe rson, persons, estate, trust, or trustee designated by the 18
member in accordance with KRS 61.542 or 61.705 to receive any available benefits 19
in the event of the member's death. As used in KRS 78.5536, beneficiary shall not 20
mean an estate, trust, or trustee; 21
(26) "Recipient" means the retired member, the person or persons designated as 22
beneficiary by the member and drawing a retirement allowance as a result of the 23
member's death, or a dependent child drawing a retirement allowance. An alternate 24
payee of a qua lified domestic relations order shall not be considered a recipient, 25
except for purposes of KRS 61.623; 26
(27) "Person" means a natural person; 27
UNOFFICIAL COPY 26 RS BR 232
Page 21 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(28) "School term or year" means the twelve (12) months from July 1 through the 1
following June 30; 2
(29) "Retirement office" means the Kentucky Public Pensions Authority office building 3
in Frankfort, unless otherwise designated by the Kentucky Public Pensions 4
Authority; 5
(30) "Vested" for purposes of determining eligibility for purchasing service credit under 6
KRS 61.552 means the employee has at least forty -eight (48) months of service if 7
age sixty-five (65) or older or at least sixty (60) months of service if under the age 8
of sixty -five (65). For purposes of this subsection, "service" means service in the 9
systems administered by the Kentucky Retirement Systems and County Employees 10
Retirement System; 11
(31) "Participating" means an employee is currently earning service credit in the system 12
as provided in KRS 78.615; 13
(32) "Month" means a calendar month; 14
(33) "Membership date" means the date upon which the member began participating in 15
the system as provided in KRS 78.615; 16
(34) "Participant" means a member, as defined by subsection (8) of this section, or a 17
retired member, as defined by subsection (23) of this section; 18
(35) "Qualified domestic relations order" means any judgment, decree, or order, 19
including approval of a property settlement agreement, that: 20
(a) Is issued by a court or administrative agency; and 21
(b) Relates to the provision of child support, alimony payments, or marital 22
property rights to an alternate payee; 23
(36) "Alternate payee" means a spouse, former spouse, child, or other dependent of a 24
participant, who is designated to be paid retirement benefit s in a qualified domestic 25
relations order; 26
(37) "Accumulated employer credit" means the employer pay credit deposited to the 27
UNOFFICIAL COPY 26 RS BR 232
Page 22 of 89
XXXX 10/23/2025 11:39 AM Jacketed
member's account and interest credited on such amounts as provided by KRS 1
78.5512 and 78.5516; 2
(38) "Accumulated account balance" means: 3
(a) For members who began participating in the system prior to January 1, 2014, 4
the member's accumulated contributions; or 5
(b) For members who began participating in the system on or after January 1, 6
2014, in the hybrid cash balance plan as provided by KRS 78.5512 and 7
78.5516, the combined sum of the member's accumulated contributions and 8
the member's accumulated employer credit; 9
(39) "Volunteer" means an individual who: 10
(a) Freely and without pressure or coercion performs hours of service for an 11
employer participating in one (1) of the systems administered by Kentucky 12
Retirement Systems or the County Employees Retirement System without 13
receipt of compensation for services rendered, except for reimbursement of 14
actual expenses, payment of a nominal fee to offset the costs of performing 15
the voluntary services, or both; and 16
(b) If a retired member, does not become an employee, leased employee, or 17
independent contractor of the employer for which he or she is performing 18
volunteer services for a period of at least twelve (12) months following the 19
retired member's most recent retirement date; 20
(40) "Nominal fee" means compensation earned for services as a volunteer that does not 21
exceed five hundred dollars ($500) per month with each participating employer. 22
Compensation earned for services as a volunteer from more than one (1) 23
participating employer during a month shall not be aggregated to determine whether 24
the compensation exceeds the five hundred dollars ($500) per month maximum 25
provided by this subsection; 26
(41) "Nonhazardous position" means a position that does not meet the requirements of 27
UNOFFICIAL COPY 26 RS BR 232
Page 23 of 89
XXXX 10/23/2025 11:39 AM Jacketed
KRS 78.5520 or has not been approved by the board as a hazardous position; 1
(42) "Hazardous position" means a position that meets the requirements of KRS 78.5520 2
and has been approved by the board as hazardous; 3
(43) "Level-percentage-of-payroll amortization method" means a method of determining 4
the annual amortization payment on the unfunded actuarial accrued liability as 5
expressed as a percentage of payroll over a set period o f years. Under this method, 6
the percentage of payroll shall be projected to remain constant for all years 7
remaining in the set period and the unfunded actuarially accrued liability shall be 8
projected to be fully amortized at the conclusion of the set period; 9
(44) "Increment" means twelve (12) months of service credit which are purchased. The 10
twelve (12) months need not be consecutive. The final increment may be less than 11
twelve (12) months; 12
(45) "Last day of paid employment" means the last date employer and employee 13
contributions are required to be reported in accordance with KRS 16.543, 61.543, or 14
78.615 to the retirement office in order for the employee to receive current service 15
credit for the month. Last day of paid employment does not mean a date the 16
employee receives payment for accrued leave, whether by lump sum or otherwise, 17
if that date occurs twenty-four (24) or more months after previous contributions; 18
(46) "Objective medical evidence" means reports of examinations or treatments; medical 19
signs which are anatomical, physiological, or psychological abnormalities that can 20
be observed; psychiatric signs which are medically demonstrable phenomena 21
indicating specific abnormalities of behavior, affect, thought, memory, orientation, 22
or contact with reality; or laboratory findings which are anatomical, physiological, 23
or psychological phenomena that can be shown by medically acceptable laboratory 24
diagnostic techniques, including but not limited to chemical tests, 25
electrocardiograms, electroencephalograms, X-rays, and psychological tests; 26
(47) "Hazardous disability" as used in KRS 78.510 to 78.852 means a disability which 27
UNOFFICIAL COPY 26 RS BR 232
Page 24 of 89
XXXX 10/23/2025 11:39 AM Jacketed
results in an employee's total incapacity to continue as an employee in a hazardous 1
position, but the employee is not necessarily deemed to be totally and permanently 2
disabled to engage in other occupations for remuneration or profit; 3
(48) "Act in line of duty" means, for employees in hazardous positions under KRS 4
78.5520: 5
(a) A single act occurring which was required in the performance of the p rincipal 6
duties of the hazardous position as defined by the job description; or 7
(b) A single act of violence committed against the employee that is found to be 8
related to his or her job duties, whether or not it occurs at his or her job site; 9
(49) "Dependent child" means a child in the womb and a natural or legally adopted child 10
of the member who has neither attained age eighteen (18) nor married or who is an 11
unmarried full-time student who has not attained age twenty -two (22). Solely in the 12
case of a membe r who dies as a direct result of an act in line of duty as defined in 13
this section, dies as a result of a duty -related injury as defined in KRS 61.621, 14
becomes totally and permanently disabled as a direct result of an act in the line of 15
duty as defined in this section, or becomes disabled as a result of a duty -related 16
injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 17
61.621(5)(a), "dependent child" also means a naturally or legally adopted disabled 18
child of the member, regardl ess of the child's age, if the child has been determined 19
to be eligible for federal Social Security disability benefits or is being claimed as a 20
qualifying child for tax purposes due to the child's total and permanent disability; 21
(50) "Normal retirement ag e" means the age at which the member meets the 22
requirements for his or her normal retirement date as provided by subsection (18) of 23
this section; 24
(51) "Disability retirement date" means the first day of the month following the last day 25
of paid employment; 26
(52) "Monthly average pay" means: 27
UNOFFICIAL COPY 26 RS BR 232
Page 25 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(a) In the case of a member who dies as a direct result of an act in line of duty as 1
defined in KRS 16.505 or who dies as a result of a duty -related injury as 2
defined in KRS 61.621, the higher of the member's monthly final rate of pay 3
or the average monthly creditable compensation earned by the deceased 4
member during his or her last twelve (12) months of employment; or 5
(b) In the case where a member becomes totally and permanently disabled as a 6
direct result of an act in li ne of duty as defined in KRS 16.505 or becomes 7
disabled as a result of a duty -related injury as defined in KRS 61.621 and is 8
eligible for the benefits provided by KRS 61.621(5)(a), the higher of the 9
member's monthly final rate of pay or the average monthly creditable 10
compensation earned by the disabled member during his or her last twelve 11
(12) months of employment prior to the date the act in line of duty or duty -12
related injury occurred; 13
(53) "Authority" means the Kentucky Public Pensions Authority as provi ded by KRS 14
61.505; 15
(54) "Executive director" means the executive director of the Kentucky Public Pensions 16
Authority; and 17
(55) "Gainful employment" means work in any capacity that is or may be performed 18
with regularity and is or may be usually done for pay, whether pay is received or 19
not received, including seasonal, volunteer, part-time, and on-call work. 20
Section 3. KRS 156.095 is amended to read as follows: 21
(1) (a) The Kentucky Department of Education shall establish, direct, and maintain a 22
statewide program of professional development to improve instruction in the 23
public schools. 24
(b) [By Augus t 1, 2025, ] The department shall create a four (4) year recurring 25
professional development training schedule that includes all professional 26
development for certified personnel required by subsection (2) of this section 27
UNOFFICIAL COPY 26 RS BR 232
Page 26 of 89
XXXX 10/23/2025 11:39 AM Jacketed
and federal law. 1
(c) Each local scho ol district shall implement the professional development 2
training schedule created by the department. 3
(2) All certified school district employees [ and public charter school employees] shall 4
complete at least one (1) hour of each of the following trainings within twelve (12) 5
months of initial hire and at least once every four (4) years thereafter: 6
(a) How to respond to an active shooter situation training prepared by the 7
Department of Criminal Justice Training in collaboration with the department, 8
the Kentucky Law Enforcement Council, and the Center for School Safety; 9
(b) Child abuse and neglect prevention, recognition, and reporting training from 10
the list of trainings approved by the department in accordance with subsection 11
(7) of this section; 12
(c) 1. High-quality, evidence-based suicide prevention training, including risk 13
factors, warning signs, protective factors, response procedures, referral, 14
postvention, and the recognition of signs and symptoms of possible 15
mental illness. 16
2. As used in this paragraph, "postvention" means a series of planned 17
supports and interventions with persons affected by a suicide for the 18
purpose of facilitating the grieving or adjustment process, stabilizing the 19
environment, reducing the risk of negative behaviors, and limiting th e 20
risk of further suicides through contagion; and 21
(d) Self-study review of seizure disorder materials. 22
(3) (a) Each local school district superintendent shall appoint a certified school 23
employee to fulfill the role and responsibilities of a professional de velopment 24
coordinator who shall disseminate professional development information to 25
schools and personnel. Upon request by a school council or any employees of 26
the district, the coordinator shall provide technical assistance to the council or 27
UNOFFICIAL COPY 26 RS BR 232
Page 27 of 89
XXXX 10/23/2025 11:39 AM Jacketed
the personnel that may include assisting with needs assessments, analyzing 1
school data, planning and evaluation assistance, organizing districtwide 2
programs requested by school councils or groups of teachers, or other 3
coordination activities. 4
(b) The manner of appointm ent, qualifications, and other duties of the 5
professional development coordinator shall be established by the local board 6
of education. 7
(c) The local district professional development coordinator may participate in the 8
Kentucky Department of Education annu al training program for local school 9
district professional development coordinators. The training program may 10
include but not be limited to the demonstration of various approaches to needs 11
assessment and planning; strategies for implementing long -term, school-based 12
professional development; strategies for strengthening teachers' roles in the 13
planning, development, and evaluation of professional development; and 14
demonstrations of model professional development programs. The training 15
shall include information about teacher learning opportunities relating to the 16
core content standards. The department shall regularly collect and distribute 17
this information. 18
(4) The department shall provide or facilitate optional, professional development 19
programs for certified p ersonnel throughout the Commonwealth that are based on 20
the statewide needs of teachers, administrators, and other education personnel. 21
Programs may include classified staff and parents when appropriate. Programs 22
offered or facilitated by the department shall be at locations and times convenient to 23
local school personnel and shall be made accessible through the use of technology 24
when appropriate. They shall include programs that: address the goals for Kentucky 25
schools as stated in KRS 158.6451, including red ucing the achievement gaps as 26
determined by an equity analysis of the disaggregated student performance data 27
UNOFFICIAL COPY 26 RS BR 232
Page 28 of 89
XXXX 10/23/2025 11:39 AM Jacketed
from the state assessment program developed under KRS 158.6453; engage 1
educators in effective learning processes and foster collegiality and collab oration; 2
and provide support for staff to incorporate newly acquired skills into their work 3
through practicing the skills, gathering information about the results, and reflecting 4
on their efforts. Professional development programs shall be made available t o 5
teachers based on their needs which shall include but not be limited to the following 6
areas: 7
(a) Strategies to reduce the achievement gaps among various groups of students 8
and to provide continuous progress; 9
(b) Curriculum content and methods of instruct ion for each content area, 10
including differentiated instruction; 11
(c) School-based decision making; 12
(d) Assessment literacy; 13
(e) Integration of performance -based student assessment into daily classroom 14
instruction; 15
(f) Nongraded primary programs; 16
(g) Research-based instructional practices; 17
(h) Instructional uses of technology; 18
(i) Curriculum design to serve the needs of students with diverse learning styles 19
and skills and of students of diverse cultures; 20
(j) Instruction in reading, including phonics, phonemic awareness, 21
comprehension, fluency, and vocabulary; 22
(k) Educational leadership; and 23
(l) Strategies to incorporate character education throughout the curriculum. 24
(5) The department shall assist school personnel in assessing the impact of professional 25
development on their instructional practices and student learning. 26
(6) (a) Upon the request of a school dist rict or school council, the department shall 27
UNOFFICIAL COPY 26 RS BR 232
Page 29 of 89
XXXX 10/23/2025 11:39 AM Jacketed
assist with the development of long -term school and district improvement 1
plans that include multiple strategies for professional development based on 2
the assessment of needs at the school level. 3
(b) Professional development strategies may include but are not limited to 4
participation in subject matter academies, teacher networks, training institutes, 5
workshops, seminars, and study groups; collegial planning; action research; 6
mentoring programs; appropriate univers ity courses; and other forms of 7
professional development. 8
(c) In planning the use of the four (4) days for professional development under 9
KRS 158.070, school councils and districts shall give priority to programs that 10
increase teachers' understanding of cu rriculum content and methods of 11
instruction appropriate for each content area based on individual school plans. 12
The district may use up to one (1) day to provide district -wide training and 13
training that is mandated by state or federal law. Only those emplo yees 14
identified in the mandate or affected by the mandate shall be required to 15
attend the training. 16
(d) State funds allocated for professional development shall be used to support 17
professional development initiatives that are consistent with local school 18
improvement and professional development plans and teachers' individual 19
growth plans. The funds may be used throughout the year for all staff, 20
including classified and certified staff and parents on school councils or 21
committees. A portion of the funds allo cated to each school council under 22
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 23
teaching practices related to the content and subject matter that are required 24
for their specific classroom assignments. 25
(7) (a) The department sha ll develop and maintain a list of approved comprehensive 26
evidence-informed trainings on child abuse and neglect prevention, 27
UNOFFICIAL COPY 26 RS BR 232
Page 30 of 89
XXXX 10/23/2025 11:39 AM Jacketed
recognition, and reporting that encompass child physical, sexual, and 1
emotional abuse and neglect. 2
(b) The trainings shall be web -based or in -person and cover, at a minimum, the 3
following topics: 4
1. Recognizing child physical, sexual, and emotional abuse and neglect; 5
2. Reporting suspected child abuse and neglect in Kentucky as required by 6
KRS 620.030 and the appropriate documentation; 7
3. Responding to the child; and 8
4. Understanding the response of child protective services. 9
(c) The trainings shall include a questionnaire or other basic assessment tool upon 10
completion to document basic knowledge of training components. 11
(d) Each local b oard of education shall adopt one (1) or more trainings from the 12
list approved by the department to be implemented by schools. 13
(8) The department shall establish an electronic consumer bulletin board that posts 14
information regarding professional developmen t providers and programs as a 15
service to school district central office personnel, school councils, teachers, and 16
administrators. Participation on the electronic consumer bulletin board shall be 17
voluntary for professional development providers or vendors, but shall include all 18
programs sponsored by the department. Participants shall provide the following 19
information: program title; name of provider or vendor; qualifications of the 20
presenters or instructors; objectives of the program; program length; service s 21
provided, including follow -up support; costs for participation and costs of 22
materials; names of previous users of the program, addresses, and telephone 23
numbers; and arrangements required. Posting information on the bulletin board by 24
the department shall not be viewed as an endorsement of the quality of any specific 25
provider or program. 26
(9) The department shall provide voluntary training to address the characteristics and 27
UNOFFICIAL COPY 26 RS BR 232
Page 31 of 89
XXXX 10/23/2025 11:39 AM Jacketed
instructional needs of students at risk of school failure and most likely to drop out 1
of school. The training shall be developed to meet the specific needs of all certified 2
and classified personnel depending on their relationship with these students. The 3
training for instructional personnel shall be designed to provide and enhance skills 4
of personnel to: 5
(a) Identify at -risk students early in elementary schools as well as at -risk and 6
potential dropouts in the middle and high schools; 7
(b) Plan specific instructional strategies to teach at-risk students; 8
(c) Improve the academic achievement o f students at risk of school failure by 9
providing individualized and extra instructional support to increase 10
expectations for targeted students; 11
(d) Involve parents as partners in ways to help their children and to improve their 12
children's academic progress; and 13
(e) Significantly reduce the dropout rate of all students. 14
(10) The department shall establish teacher academies to the extent funding is available 15
in cooperation with postsecondary education institutions for elementary, middle 16
school, and high scho ol faculty in core disciplines, utilizing facilities and faculty 17
from universities and colleges, local school districts, and other appropriate agencies 18
throughout the state. Priority for participation shall be given to those teachers who 19
are teaching core discipline courses for which they do not have a major or minor or 20
the equivalent. Participation of teachers shall be voluntary. 21
(11) The department shall annually provide to the oversight council established in KRS 22
15A.063, the information received from local schools pursuant to KRS 158.449. 23
Section 4. KRS 157.063 is amended to read as follows: 24
(1) The General Assembly hereby finds and declares that: 25
(a) During the first five (5) years of life, children experience rapid learning and 26
development that have effects that endure their lifetimes; 27
UNOFFICIAL COPY 26 RS BR 232
Page 32 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(b) A key milestone in children's development is their transition into and 1
readiness for kindergarten; 2
(c) High quality early childhood literacy programs can significantly improve a 3
child's readiness for kindergarten and future academic success; 4
(d) Children in Kentucky would benefit from access to varied and effective early 5
literacy services; and 6
(e) Developing new and inn ovative services for the children of the 7
Commonwealth can expand access to early literacy services and improve 8
kindergarten readiness. 9
(2) As used in this section: 10
(a) "Child-care center" has the same meaning as in KRS 199.894; 11
(b) "Contractor" means the e ducational technology provider selected pursuant to 12
subsection (4) of this section; 13
(c) "Department" means the Kentucky Department of Education; and 14
(d) "Eligible child" means a child who is four (4) or five (5) years old and is not 15
currently enrolled in k indergarten in a public school district, but is eligible to 16
enroll during the following school year. 17
(3) The Adaptive Kindergarten Readiness Pilot Project is hereby established to provide 18
preschool children with access to educational technology programs th at use family 19
engagement to improve kindergarten readiness. The pilot project shall: 20
(a) During the 2024 -2025 and 2025 -2026 school years, provide a cohort of 21
eligible children during each school year with access to an educational 22
technology program that: 23
1. Utilizes family engagement to deliver age -appropriate instruction in 24
reading that may be implemented in homes or in child-care centers; 25
2. Offers optional instruction in mathematics and science; 26
3. Aligns with relevant state standards for preschool under KRS 157.3175; 27
UNOFFICIAL COPY 26 RS BR 232
Page 33 of 89
XXXX 10/23/2025 11:39 AM Jacketed
4. Assists with the objectives of the Head Start Act, 42 U.S.C. sec. 9801 et 1
seq.; 2
5. Assists children with disabilities in preparing for kindergarten; and 3
6. Meets the benchmarks for evidence -based programs established by the 4
United States Department of Education; 5
(b) Operate under the oversight of the Kentucky Department of Education; 6
(c) Solicit families to encourage their eligible child's participation in the pilot 7
project through public information campaigns, outreach programs, and 8
referrals from other educational entities that are partially focused on 9
communities and areas of the state encountering persistent poverty; 10
(d) Reserve forty percent (40%) of a cohort's membership for eligible students 11
with a household income of no more than two hundred percent (200%) of the 12
federal poverty level. However, if a seat reserved under this paragraph 13
remains vacant for more than two (2) months, the seat in that cohort may be 14
given to any eligible child. The pilot project shall enroll eligible child ren as 15
students in both the reserved and unreserved membership in the order the 16
completed applications were submitted. The maximum enrollment for each 17
cohort shall be established by the department and provider based on the funds 18
available; 19
(e) Use: 20
1. A multisensory reading tutoring program; and 21
2. A validated adaptive reading test that does not require the presence of 22
trained adults to administer and that has been demonstrated as an 23
accurate indicator of a child's reading readiness; and 24
(f) As needed and at no cost for the student's family, for the duration of the 25
student's participation in the pilot project, provide a student with a household 26
income of no more than four hundred percent (400%) of the federal poverty 27
UNOFFICIAL COPY 26 RS BR 232
Page 34 of 89
XXXX 10/23/2025 11:39 AM Jacketed
level with: 1
1. A computer or tablet; and 2
2. Access to internet service. 3
(4) The Kentucky Department of Education shall select a provider to implement the 4
pilot project under the department's oversight. In evaluating provider applicants, the 5
department shall require an applicant to have: 6
(a) At least three (3) years of experience in implementing similar services; 7
(b) Conducted a randomized controlled trial or other external evaluation that 8
support the efficacy of the educational technology program the provider 9
implements; and 10
(c) Capabilities to: 11
1. Partner with preschool, head start, and child -care centers to serve 12
participating students; 13
2. Communicate with parents and other education professionals involved 14
in the pilot project; 15
3. Update the instructional software as needed; 16
4. Validate user access; 17
5. Collect user data; 18
6. Store research data; 19
7. Produce reports for parents, schools, the department, and the Legislative 20
Research Commission; and 21
8. Comply with state and federal education and digital privacy laws. 22
(5) The selected provider shall: 23
(a) Develop a recruitment plan to solicit families to participate in the pilot 24
project; 25
(b) Implement the pilot project in compliance with subsection (3) of this section; 26
(c) Provide administrative and technical support to students, families, and any 27
UNOFFICIAL COPY 26 RS BR 232
Page 35 of 89
XXXX 10/23/2025 11:39 AM Jacketed
other involved education professionals for the installation and operation of the 1
instructional software; 2
(d) Seek the advice and expertise of local stakeholders, such as public and private 3
early childhood education professionals, the department, lo cal school board 4
members, kindergarten teachers, and parents, on the implementation of the 5
pilot project in areas such as: 6
1. Soliciting families to participate in the pilot project; 7
2. Providing training to families and education professionals; and 8
3. Motivating families to regularly use the instructional software; and 9
(e) At the conclusion of each school year, report any data required by the 10
department to conduct an evaluation of the pilot project's effectiveness. 11
(6) By December 1, 2025, the department s hall submit a report to the Legislative 12
Research Commission for referral to the appropriate Interim Joint Committee on 13
Education, that contains the following: 14
(a) The extent to which the pilot project is accomplishing the objectives identified 15
in this section; 16
(b) The number of families: 17
1. Participating in the project; 18
2. Who have received technology devices or internet service in the project; 19
and 20
3. Who have household incomes of no more than two hundred percent 21
(200%) of the federal poverty level or who reside in areas of persistent 22
poverty; 23
(c) The number of private and public educational entities the provider has 24
partnered with during the pilot project; 25
(d) The frequency of use of the instructional software; 26
(e) Obstacles encountered with software usage, hardware, internet access, or 27
UNOFFICIAL COPY 26 RS BR 232
Page 36 of 89
XXXX 10/23/2025 11:39 AM Jacketed
providing technical assistance; and 1
(f) Student performance on any kindergarten entry or exit assessments conducted 2
by school districts [ or public charter schools] that compare students have 3
participated in the project and students who have not. 4
(7) The Kentucky Department of Education shall implement this section to the extent 5
that federal funds are available. 6
Section 5. KRS 158.038 is amended to read as follows: 7
(1) [Beginning August 1, 2020, ]Any student identification badge issued to a student in 8
grades six (6) through twelve (12) by a public school shall contain the contact 9
information for: 10
(a) A national domestic violence hotline; 11
(b) A national sexual assault hotline; and 12
(c) A national suicide prevention hotline. 13
(2) [The requirements of subsection (1) of this section shall apply to public charter 14
schools as a health and safety requirement under KRS 160.1592(1). 15
(3) By July 20, 2020, ] The Cabinet for Health and Family Services shall publish 16
recommendations for at least one (1) national hotline accessible twenty -four (24) 17
hours a day, seven (7) days a week, and three hundred sixty -five (365) days a year 18
that specializes in each of the hotline categories required by subsection (1) of this 19
section. 20
Section 6. KRS 158.039 is amended to read as follows: 21
(1) The Cabinet for Health and Family Services sh all post on its website high -quality, 22
evidence-based suicide prevention awareness information, which shall include 23
information on recognizing the warning signs of a suicide crisis. The website shall 24
include information related to suicide prevention trainin g opportunities offered by 25
the cabinet or an agency recognized by the cabinet as a training provider. 26
(2) Every public school [ and public charter school] shall provide two (2) high quality, 27
UNOFFICIAL COPY 26 RS BR 232
Page 37 of 89
XXXX 10/23/2025 11:39 AM Jacketed
evidence-based suicide prevention awareness lessons each school ye ar, the first by 1
September 15 and the second by January 15, either in person, by live streaming, or 2
via a video recording to all students in grades six (6) through twelve (12). Every 3
public school shall provide an opportunity for any student absent on the day the 4
high quality, evidence -based suicide prevention awareness lesson was initially 5
presented to receive the lesson at a later time. The information may be obtained 6
from the Cabinet for Health and Family Services or from a commercially developed 7
suicide prevention training program. 8
Section 7. KRS 158.041 is amended to read as follows: 9
Every public school shall prominently display the statewide child abuse hotline number 10
administered by the Cabinet for Health and Family Services, the National Human 11
Trafficking Hotline number administered by the United States Department of Health and 12
Human Services, and the Safe Haven Baby Boxes Crisis Line number administered by 13
the Safe Haven Baby Boxes national organization or any equivalent successor entity. [ 14
The requirements of this section shall also apply to public charter schools as a health and 15
safety requirement under KRS 160.1592(1).] 16
Section 8. KRS 158.157 is amended to read as follows: 17
[(1) ]The superintendent of each local school district shall require the principal of each 18
school within the district to prov ide written notice of the provisions of KRS 531.125 to 19
students in grades four (4) and above in an age -appropriate manner and to parents or 20
guardians of all students within ten (10) days of the first instructional day of each school 21
year. 22
[(2) The requirem ents of subsection (1) of this section shall apply to public charter 23
schools as a health and safety requirement under KRS 160.1592(1).] 24
Section 9. KRS 158.158 is amended to read as follows: 25
(1) [By August 1, 2025, ] Local boards shall require each public school with 26
instructional spaces for students in grades six (6) through twelve (12) to display, in 27
UNOFFICIAL COPY 26 RS BR 232
Page 38 of 89
XXXX 10/23/2025 11:39 AM Jacketed
a prominent location in each school building, a legible printed sign in English and 1
Spanish at least eight and one -half (8. 5) inches by eleven (11) inches in size that 2
shall contain: 3
(a) An age -appropriate description of sexual extortion consistent with the 4
definition in KRS 531.125. 5
(b) Contact information for state or local law enforcement for reporting or 6
seeking assistance relating to sexual extortion; 7
(c) Contact information for federal law enforcement for reporting or seeking 8
assistance relating to sexual extortion; 9
(d) Contact information for a national suicide prevention hotline; and 10
(e) The Uniform Resource Locator (URL), a Quick Response (QR) code, or 11
similar resource to identify the website address for informational and support 12
resources regarding sexual extortion provided by the National Center for 13
Missing and Exploited Children or any federally funded successor entity. 14
(2) [The requirements of subsection (1) of this section shall apply to public charter 15
schools as a health and safety requirement under KRS 160.1592(1). 16
(3) By July 15, 2025, ] The department shall publish recommendations for information 17
to be included consistent with subsection (1) of this section. 18
Section 10. KRS 158.189 is amended to read as follows: 19
(1) As used in this section: 20
(a) "Biological sex" means the physical condition of being male or female, which 21
is determined by a person's chromosomes, and is identified at birth by a 22
person's anatomy; and 23
(b) "School" means a school under the control of a local board of education [ or a 24
charter school board of directors]. 25
(2) The General Assembly finds that: 26
(a) School personnel have a duty to protect the dignity, health, welfare, and 27
UNOFFICIAL COPY 26 RS BR 232
Page 39 of 89
XXXX 10/23/2025 11:39 AM Jacketed
privacy rights of students in their care; 1
(b) Children and young adults have natural and normal concer ns about privacy 2
while in various states of undress, and most wish for members of the opposite 3
biological sex not to be present in those circumstances; 4
(c) Allowing students to use restrooms, locker rooms, or shower rooms that are 5
reserved for students of a different biological sex: 6
1. Will create a significant potential for disruption of school activities and 7
unsafe conditions; and 8
2. Will create potential embarrassment, shame, and psychological injury to 9
students; 10
(d) Parents have a reasonable expectation that schools will not allow minor 11
children to be viewed in various states of undress by members of the opposite 12
biological sex, nor allow minor children to view members of the opposite sex 13
in various states of undress; and 14
(e) Schools have a duty to respe ct and protect the privacy rights of students, 15
including the right not to be compelled to undress or be unclothed in the 16
presence of members of the opposite biological sex. 17
(3) Each local board of education [ or charter school board of directors] shall, aft er 18
allowing public comment on the issue at an open meeting, adopt policies necessary 19
to protect the privacy rights outlined in subsection (2) of this section and enforce 20
this subsection. Those policies shall, at a minimum, not allow students to use 21
restrooms, locker rooms, or shower rooms that are reserved for students of a 22
different biological sex. 23
(4) (a) A student who asserts to school officials that his or her gender is different 24
from his or her biological sex and whose parent or legal guardian provides 25
written consent to school officials shall be provided with the best available 26
accommodation, but that accommodation shall not include the use of school 27
UNOFFICIAL COPY 26 RS BR 232
Page 40 of 89
XXXX 10/23/2025 11:39 AM Jacketed
restrooms, locker rooms, or shower rooms designated for use by students of 1
the opposite biological sex while students of the opposite biological sex are 2
present or could be present. 3
(b) Acceptable accommodations may include but are not limited to access to 4
single-stall restrooms or controlled use of faculty bathrooms, locker rooms, or 5
shower rooms. 6
Section 11. KRS 158.196 is amended to read as follows: 7
(1) A public school[ or public charter school] shall provide instruction and instructional 8
materials that are aligned with the social studies academic standards adopted in 9
accordance with KRS 158.6453 and consistent with the following concepts: 10
(a) All individuals are created equal; 11
(b) Americans are entitled to equal protection under the law; 12
(c) An individual deserves to be treated on the basis of the individual's character; 13
(d) An individual, by virtue of the individual's race or sex, does not bear 14
responsibility for actions committed by other members of the same race or 15
sex; 16
(e) The understandin g that the institution of slavery and post -Civil War laws 17
enforcing racial segregation and discrimination were contrary to the 18
fundamental American promise of life, liberty, and the pursuit of happiness, 19
as expressed in the Declaration of Independence, but that defining racial 20
disparities solely on the legacy of this institution is destructive to the 21
unification of our nation; 22
(f) The future of America's success is dependent upon cooperation among all its 23
citizens; 24
(g) Personal agency and the understanding that, regardless of one's circumstances, 25
an American has the ability to succeed when he or she is given sufficient 26
opportunity and is committed to seizing that opportunity through hard work, 27
UNOFFICIAL COPY 26 RS BR 232
Page 41 of 89
XXXX 10/23/2025 11:39 AM Jacketed
pursuit of education, and good citizenship; and 1
(h) The significa nt value of the American principles of equality, freedom, 2
inalienable rights, respect for individual rights, liberty, and the consent of the 3
governed. 4
(2) Nothing in subsection (1) of this section shall be construed to restrict a public 5
school[ or public c harter school] from providing instruction or using instructional 6
materials that include: 7
(a) The history of an ethnic group, as described in textbooks and instructional 8
materials adopted by a school district; 9
(b) The discussion of controversial aspects of history; or 10
(c) The instruction and instructional materials on the historical oppression of a 11
particular group of people. 12
(3) (a) Notwithstanding the every six (6) year schedule set forth in KRS 13
158.6453(2)(a),[ no later than July 1, 2023,] the Kentucky De partment of 14
Education shall incorporate fundamental American documents and speeches 15
into the grade -level appropriate middle and high school social studies 16
academic standards and align corresponding assessments, including but not 17
limited to: 18
1. The Mayflower Compact; 19
2. The Declaration of Independence; 20
3. The Constitution of the United States; 21
4. The Federalist No. 1 (Alexander Hamilton); 22
5. The Federalist Nos. 10 and 51 (James Madison); 23
6. The June 8, 1789, speech on amendments to the Constitution of the 24
United States by James Madison; 25
7. The first ten (10) amendments to the Constitution of the United States, 26
also known as the Bill of Rights; 27
UNOFFICIAL COPY 26 RS BR 232
Page 42 of 89
XXXX 10/23/2025 11:39 AM Jacketed
8. The 1796 Farewell Address by George Washington; 1
9. The United States Supreme Court opinion in Marbury v. Madison , 5 2
U.S. 137 (1803); 3
10. The Monroe Doctrine by James Monroe; 4
11. What to the Slave is the Fourth of July? speech by Frederick Douglass; 5
12. The United States Supreme Court opinion in Dred Scott v. Sandford, 60 6
U.S. 393 (1857); 7
13. Final Emancipation Proclamation by Abraham Lincoln; 8
14. The Gettysburg Address by Abraham Lincoln; 9
15. Declaration of Rights of the Women of the United States by Susan B. 10
Anthony, Matilda Joslyn Gage, and Elizabeth Cady Stanton; 11
16. The September 18, 1895, Atlanta Exposition Address by Booker T. 12
Washington; 13
17. Of Booker T. Washington and Others by W.E.B. Du Bois; 14
18. The United States Supreme Court opinion in Plessy v. Ferguson, 163 15
U.S. 537 (1896); 16
19. The August 31, 1910, New Nationalism speech by Theodore Roosevelt; 17
20. The January 11, 1944, State of the Union Address by Franklin D. 18
Roosevelt; 19
21. The United States Supreme Court opinions in Brown v. Board of 20
Education of Topeka, 347 U.S. 483 (1954) and Brown v. Board of 21
Education of Topeka, 349 U.S. 294 (1955); 22
22. Letter from Birmingham Jail by Martin Luther King, Jr.; 23
23. The August 28, 1963, I Have a Dream speech by Martin Luther King, 24
Jr.; and 25
24. A Time for Choosing by Ronald Reagan. 26
(b) This revision shall not delay or otherw ise impact the existing schedule as set 27
UNOFFICIAL COPY 26 RS BR 232
Page 43 of 89
XXXX 10/23/2025 11:39 AM Jacketed
forth in KRS 158.6453(2). 1
Section 12. KRS 158.305 is amended to read as follows: 2
(1) As used in this section: 3
(a) "Aphasia" means a condition characterized by either partial or tot al loss of the 4
ability to communicate verbally or through written words. A person with 5
aphasia may have difficulty speaking, reading, writing, recognizing the names 6
of objects, or understanding what other people have said. The condition may 7
be temporary or permanent and does not include speech problems caused by 8
loss of muscle control; 9
(b) "Dyscalculia" means the inability to understand the meaning of numbers, the 10
basic operations of addition and subtraction, the complex operations of 11
multiplication and div ision, or to apply math principles to solve practical or 12
abstract problems; 13
(c) "Dysgraphia" means difficulty in automatically remembering and mastering 14
the sequence of muscle motor movements needed to accurately write letters or 15
numbers; 16
(d) "Dyslexia" has the same meaning as in KRS 158.307; 17
(e) "Enrichment program" means accelerated intervention within the school day 18
or outside of the school day or school calendar led by individuals most 19
qualified to provide the intervention that includes evidence -based r eading 20
instructional programming related to reading instruction in the areas of 21
phonemic awareness, phonics, fluency, vocabulary, and comprehension, and 22
other instructional strategies aligned to reading and writing standards required 23
by KRS 158.6453 and ou tlined in administrative regulation promulgated by 24
the Kentucky Board of Education; 25
(f) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); 26
(g) "Phonemic awareness" has the same meaning as in KRS 158.307; 27
UNOFFICIAL COPY 26 RS BR 232
Page 44 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(h) "Reading diagnostic assessment" has the same meaning as in KRS 158.792; 1
(i) "Reading improvement plan" means an accelerated intervention plan for a 2
student in kindergarten through grade four (4) that is developed to increase a 3
student's rate of progress toward proficient performance in reading that is 4
identified as necessary based on the student's results on an approved reading 5
diagnostic assessment. This plan should be developed in collaboration and 6
accordance with any existing program services plan, individualized education 7
program, or Section 504 Plan unless the program services plan, individualized 8
education program, or Section 504 Plan already addresses improving reading; 9
(j) "Reading improvement team" means a team that develops and oversees the 10
progress of a reading improvement plan and includes: 11
1. The parent or guardian of the student that is the subject of the reading 12
improvement plan; 13
2. No less than one (1) regular education teacher of the student to provide 14
information about the general curriculum for same-aged peers; 15
3. A rep resentative of the local education agency who is knowledgeable 16
about the reading curriculum and the availability of the evidence -based 17
literacy resources of the local education agency; and 18
4. Any specialized certified school employees for students receivin g 19
language instruction educational programming or special education 20
services; and 21
(k) "Universal screener" means a process of providing a brief assessment to all 22
students within a grade level to assess the students' performance on the 23
essential components of reading. 24
(2) Notwithstanding any other statute or administrative regulation to the contrary, the 25
Kentucky Board of Education shall promulgate administrative regulations to further 26
define a multitiered system of supports for district-wide use of a system for students 27
UNOFFICIAL COPY 26 RS BR 232
Page 45 of 89
XXXX 10/23/2025 11:39 AM Jacketed
in kindergarten through grade three (3), that includes a tiered continuu m of 1
interventions with varying levels of intensity and duration and which connects 2
general, compensatory, and special education programs to provide interventions 3
implemented with fidelity to evidence -based research and matched to individual 4
student strengths and needs. At a minimum, evidence of implementation shall be 5
submitted by the district to the department by October 1 of each year and shall 6
include but not be limited to the activities required under KRS 158.649. 7
(3) The department shall provide techn ical assistance and training, if requested by a 8
local district, to assist in the implementation of the district -wide, multitiered system 9
of supports as a means to identify and assist any student experiencing difficulty in 10
reading, writing, mathematics, or behavior and to determine appropriate 11
instructional modifications needed by advanced learners to make continuous 12
progress. 13
(4) The technical assistance and training shall be designed to improve: 14
(a) The use of specific screening processes and programs to i dentify student 15
strengths and needs; 16
(b) The use of screening data for designing instructional interventions; 17
(c) The use of multisensory instructional strategies and other interventions 18
validated for effectiveness by evidence-based research; 19
(d) Progress monitoring of student performance; and 20
(e) Accelerated, intensive, direct instruction that addresses students' individual 21
differences, including advanced learners, and enables students that are 22
experiencing difficulty to catch up with typically performing peers. 23
(5) (a) Each superintendent[ or public charter school board of directors] shall select: 24
1. At least one (1) universal screener for reading that is determined by the 25
department to be reliable and valid to be administered to all students in 26
kindergarten through grade three (3); and 27
UNOFFICIAL COPY 26 RS BR 232
Page 46 of 89
XXXX 10/23/2025 11:39 AM Jacketed
2. At least one (1) reading diagnostic assessment for reading that is 1
determined by the department to be reliable and valid to be administered 2
as part of a multitiered system of supports for students in kindergarten 3
through grade three (3). 4
(b) Notwithstanding KRS 158.6453(19) and 160.345, each superintendent [ or 5
public charter school board] shall adopt a common comprehensive reading 6
program that is determined by the department to be reliable, valid, and aligned 7
to reading an d writing standards required by KRS 158.6453 and outlined in 8
administrative regulation promulgated by the Kentucky Board of Education 9
for kindergarten through grade three (3) for all schools or a subset of schools, 10
with consultation of all affected elementary school councils. 11
(c) All teachers of students in kindergarten through grade three (3) [, including 12
public charter school teachers,] shall be trained on any reading diagnostic 13
assessment and universal screener selected by the superintendent [ or public 14
charter school board] prior to administration of the assessment. The training 15
shall address: 16
1. How to properly administer the reading diagnostic assessment; 17
2. How to interpret the results of the reading diagnostic assessment to 18
identify students needing interventions; 19
3. How to use the assessment results to design instruction and 20
interventions; 21
4. The use of the assessment to monitor the progress of student 22
performance; and 23
5. The use of accelerated, intensive, and direct instruction that addresses 24
students' individual differences and enables students to achieve 25
proficiency in reading, including but not limited to daily, one -on-one 26
instruction. 27
UNOFFICIAL COPY 26 RS BR 232
Page 47 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(6) A universal screener determined by the department to be reliable and valid shall be: 1
(a) Given in the first for ty-five (45) days of the school year for all kindergarten 2
students at a public school[ or public charter school]; 3
(b) Given in the first thirty (30) days of the school year for grades one (1) through 4
three (3) at a public school[ or public charter school]; and 5
(c) Given within the final fourteen (14) instructional days of the school year to all 6
students in kindergarten and first grade at a public school [ or public charter 7
school]. 8
(7) A reading improvement plan shall be developed and implemented by a readin g 9
improvement team for any student in kindergarten through grade three (3) identified 10
as needing accelerated interventions to progress toward proficient performance in 11
reading. The reading improvement plan shall require: 12
(a) Intensive intervention that inc ludes effective instructional strategies and 13
appropriate instructional materials necessary to help the student make 14
accelerated progress toward proficient performance in reading and become 15
ready for the next grade, including but not limited to daily, one -on-one 16
instruction with students the most in need provided by certified teachers 17
specifically trained to provide one-on-one instruction; 18
(b) A school to provide a written quarterly progress report containing the 19
information required by paragraph (a) of this subsection to a parent or 20
guardian of any student subject to a reading improvement plan. The written 21
quarterly progress report for the reading improvement plan may be included 22
in the school's existing quarterly progress report; and 23
(c) Individual placement decisions for children who are eligible for special 24
education and related services to be determined by the appropriate admissions 25
and release committee in accordance with administrative regulations 26
promulgated by the Kentucky Board of Education. 27
UNOFFICIAL COPY 26 RS BR 232
Page 48 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(8) If a student's rate of progress toward proficient performance in reading needs 1
accelerated interventions as demonstrated by the results of an approved reading 2
diagnostic assessment, the local school district shall provide: 3
(a) Enrichment pro grams through grade three (3) using evidence -based reading 4
instruction and other strategies; 5
(b) Intensive instructional services, progress monitoring measures, and supports 6
to students through grade three (3); and 7
(c) Parents and legal guardians of students identified for accelerated interventions 8
in reading in kindergarten through grade three (3) with a "Read at Home" 9
plan, including information on how to participate in regular parent -guided 10
home reading. 11
(9) (a) Beginning in the 2025-2026 school year: 12
1. A kindergarten student who had a reading improvement plan for the 13
school year may remain in kindergarten for an additional school year if a 14
school determines that the student: 15
a. Did not meet grade level benchmarks in reading while in 16
kindergarten as dete rmined by the universal screener given in 17
accordance with subsection (6) of this section; 18
b. Did not master the Kentucky reading academic standards for 19
kindergarten students based on assessments given in accordance 20
with KRS 158.6453(8); or 21
c. Is not properly prepared to be successful in the first grade; and 22
2. A first -grade student who had a reading improvement plan for the 23
school year shall remain in first grade for an additional school year if a 24
school determines that the student: 25
a. Did not meet grade le vel benchmarks in reading while in first 26
grade as determined by the universal screener given in accordance 27
UNOFFICIAL COPY 26 RS BR 232
Page 49 of 89
XXXX 10/23/2025 11:39 AM Jacketed
with subsection (6) of this section; 1
b. Did not master the Kentucky reading academic standards for first 2
grade students based on assessments given in accordance with 3
KRS 158.6453(8); or 4
c. Is not properly prepared to be successful in the second grade. 5
(b) Notwithstanding paragraph (a) of this subsection, placement decisions for 6
students eligible for special education and related services shall be deter mined 7
by the admissions and release committee in accordance with administrative 8
regulations promulgated by the Kentucky Board of Education. 9
(c) Notwithstanding paragraph (a) of this subsection, a student who remained in 10
kindergarten under this subsection s hall not subsequently be required to 11
remain in first grade, and a student shall not be required to remain in first 12
grade for more than one (1) additional year. 13
(d) The school shall reevaluate and make necessary changes to the reading 14
improvement plan of an y student remaining in kindergarten or first grade and 15
shall continue to provide all programs and services required under subsection 16
(8) of this section during the additional year of kindergarten or first grade. 17
(e) A student provided an additional year of kindergarten or first grade under this 18
subsection may advance through the primary school program when it is 19
determined by the school to be in the best educational interest of the student 20
pursuant to KRS 158.031. 21
(10) If a student does not score in the pro ficient performance level or higher in reading, 22
as defined in KRS 158.791(2), on the state annually required grade three (3) 23
assessment, the local school district shall provide: 24
(a) 1. Enrichment programs in grade four (4) using evidence -based reading 25
instruction and other strategies; or 26
2. Intensive instructional services, progress monitoring measures, and 27
UNOFFICIAL COPY 26 RS BR 232
Page 50 of 89
XXXX 10/23/2025 11:39 AM Jacketed
supports to students in grade four (4); and 1
(b) Written notification of the interventions and supports described in paragraph 2
(a) of this subsection to the parent or legal guardian of the student, including a 3
description of proposed interventions and supports to be provided. 4
(11) [By September 1, 2023, ] If funds are appropriated, the department shall establish 5
required teacher academies or coaching models for teachers of students in 6
prekindergarten through grade three (3). The teacher academies or coaching models 7
shall be related to evidence -based practices in instruction, instructional materials, 8
and assessment in reading. 9
(12) The department shall develo p and maintain a web -based resource providing 10
teachers access to: 11
(a) Information on the use of specific screening processes and programs to 12
identify student strengths and needs, including those for advanced learners; 13
(b) Current, evidence-based research and age -appropriate instructional tools that 14
may be used for substantial, steady improvement in: 15
1. Reading when a student is experiencing difficulty with phonemic 16
awareness, phonics, vocabulary, fluency, general reading 17
comprehension, or reading in specific content areas, or is exhibiting 18
characteristics of dyslexia, aphasia, or other reading difficulties; 19
2. Writing when a student is experiencing difficulty with consistently 20
producing letters or numbers with accuracy or is exhibiting 21
characteristics of dysgraphia; 22
3. Mathematics when a student is experiencing difficulty with basic math 23
facts, calculations, or application through problem solving, or is 24
exhibiting characteristics of dyscalculia or other mathematical 25
difficulties; or 26
4. Behavior when a student is exhibiting behaviors that interfere with his 27
UNOFFICIAL COPY 26 RS BR 232
Page 51 of 89
XXXX 10/23/2025 11:39 AM Jacketed
or her learning or the learning of other students; and 1
(c) Current, evidence-based research and age -appropriate instructional tools that 2
may be used for continuous progress of advanced learners. 3
(13) The department shall encourage districts to utilize both state and federal fu nds as 4
appropriate to implement a district-wide multitiered system of supports. 5
(14) The department is encouraged to coordinate technical assistance and training on 6
current best practice interventions with state postsecondary education institutions. 7
(15) The department shall collaborate with the statewide reading research center 8
established under KRS 164.0207, the Kentucky Center for Mathematics, the 9
Kentucky Center for Instructional Discipline, the Education Professional Standards 10
Board, the Council on Pos tsecondary Education, postsecondary teacher education 11
programs, and other agencies and organizations as deemed appropriate to ensure 12
that teachers are prepared to utilize evidence -based interventions in reading, 13
writing, mathematics, and behavior. 14
(16) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 15
determine appropriate instructional strategies for curriculum implementation shall 16
not be considered to be an evaluation for eligibility for special education and related 17
services and nothing in this section shall limit a school district from completing an 18
initial evaluation of a student suspected of having a disability. 19
Section 13. KRS 158.4416 is amended to read as follows: 20
(1) For purposes of this section: 21
(a) "Direct services" means in -person or virtual services provided directly to a 22
student by a school counselor, including but not limited to individual 23
counseling, group coun seling, and individual student planning, scheduling, 24
and registration; 25
(b) "Indirect services" means services provided on behalf of a student as a result 26
of interactions with others, including but not limited to consultation and 27
UNOFFICIAL COPY 26 RS BR 232
Page 52 of 89
XXXX 10/23/2025 11:39 AM Jacketed
collaboration with parents, teachers, and other educators; 1
(c) "School counselor" means an individual who holds a valid school counselor 2
certificate issued in accordance with the administrative regulations of the 3 3
(d) "School psychologist" means an individual who holds a valid scho ol 4
psychology certificate issued in accordance with the administrative 5
regulations of the Education Professional Standards Board; 6
(e) "School social worker" means an individual who holds a valid school social 7
work certificate issued in accordance with the administrative regulations of 8
the Education Professional Standards Board; 9
(f) "School-based mental health services provider" means a certified school 10
counselor, school psychologist, school social worker, or other qualified 11
mental health professional as defined in KRS 202A.011; 12
(g) "Trauma" means physical, emotional, or life-threatening harm; and 13
(h) "Trauma-informed approach" means incorporating principles of trauma 14
awareness and trauma-informed practices in a school in order to foster a safe, 15
stable, and u nderstanding learning environment for all students and staff and 16
ensuring that all students are known well by at least one (1) adult in the school 17
setting. 18
(2) The General Assembly recognizes that all schools must provide a place for students 19
to feel safe and supported to learn throughout the school day, and that any trauma a 20
student may have experienced can have a significant impact on the ability of a 21
student to learn. The General Assembly directs all public schools to adopt a trauma-22
informed approach to education in order to better recognize, understand, and 23
address the learning needs of students impacted by trauma and to foster a learning 24
environment where all students, including those who have been traumatized, can be 25
safe, successful, and known well by at least one (1) adult in the school setting. [ The 26
requirements of this subsection shall apply to public charter schools as a health and 27
UNOFFICIAL COPY 26 RS BR 232
Page 53 of 89
XXXX 10/23/2025 11:39 AM Jacketed
safety requirement under KRS 160.1592(1).] 1
(3) (a) As funds and qualified personnel become available: 2
1. Each school d istrict[ and each public charter school] shall employ at 3
least one (1) school counselor in each school with the goal of the school 4
counselor spending at least sixty percent (60%) or more of his or her 5
time providing direct services to students and no more than forty percent 6
(40%) of his or her time providing indirect services to students; and 7
2. It shall be the goal that each school district [ and each public charter 8
school] shall provide at least one (1) school counselor or school -based 9
mental health servic es provider who is employed by the school district 10
for every two hundred fifty (250) students, including but not limited to 11
the school counselor required in subparagraph 1. of this paragraph. 12
(b) A school counselor or school -based mental health services provider at each 13
school shall be the facilitator of a trauma -informed team to identify and assist 14
students whose learning, behavior, and relationships have been impacted by 15
trauma. The trauma -informed team may consist of school administrators, 16
school counselors, school psychologists, school social workers, school -based 17
mental health services providers, community -based mental health services 18
providers hired by the district, family resource and youth s ervices 19
coordinators, school nurses, school resource officers, and any other school or 20
district personnel. 21
(c) The trauma-informed team shall: 22
1. Provide assistance to school personnel to enable them to support 23
students whose learning, behavior, and relationships have been impacted 24
by trauma; 25
2. Identify ways to recognize and respond to mental health issues in all 26
students; and 27
UNOFFICIAL COPY 26 RS BR 232
Page 54 of 89
XXXX 10/23/2025 11:39 AM Jacketed
3. Identify ways to build resiliency and wellness in all students. 1
(d) Each school counselor or school -based mental health services provider 2
providing services pursuant to this section, and the trauma -informed team 3
members described in paragraph (b) of this subsection, shall provide training, 4
guidance, and assistance to other administrators, teachers, and staff on: 5
1. Recognizing symptoms of trauma in students; 6
2. Utilizing interventions and strategies to support the learning needs of 7
those students; and 8
3. Implementing the plan for a trauma -informed approach as described in 9
subsection (5) of this section. 10
(e) 1. School districts may employ or contract for the services of school -based 11
mental health services providers to assist with the development and 12
implementation of a trauma -informed approach and the development of 13
a trauma -informed team pursuant to this subsection and to enhance or 14
expand student mental health support services as funds and qualified 15
personnel become available. 16
2. School-based mental health services providers may provide services 17
through a collaboration between two (2) or more school districts or 18
between school distri cts and educational cooperatives or any other 19
public or private entities, including but not limited to local or regional 20
mental health day treatment programs. 21
(f) No later than November 1 of each year, the local school district 22
superintendent shall report to the department the number of school -based 23
mental health service providers, the position held, placement in the district, 24
certification or licensure held, the source of funding for each position, a 25
summary of the job duties and work undertaken by each sc hool-based mental 26
health service provider, and the approximate percent of time devoted to each 27
UNOFFICIAL COPY 26 RS BR 232
Page 55 of 89
XXXX 10/23/2025 11:39 AM Jacketed
duty over the course of the year. 1
(g) The department shall annually compile and maintain a list of school -based 2
mental health service providers by district which shall include the information 3
required in paragraph (f) of this subsection. 4
(h) No later than June 1 of each year, the department shall provide the 5
appropriate Interim Joint Committee on Education with the information 6
reported by local school district sup erintendents and compiled in accordance 7
with paragraph (g) of this subsection. 8
(4) The department shall make available a toolkit that includes guidance, strategies, 9
behavioral interventions, practices, and techniques to assist school districts [ and 10
public charter schools] in developing a trauma-informed approach in schools. 11
(5) Each local board of education[ and board of a public charter school] shall develop a 12
plan for implementing a trauma -informed approach in its schools. The plan shall 13
include but not be limited to strategies for: 14
(a) Enhancing trauma awareness throughout the school community; 15
(b) Conducting an assessment of the school climate, including but not limited to 16
inclusiveness and respect for diversity; 17
(c) Developing trauma-informed discipline policies; 18
(d) Collaborating with the Department of Kentucky State Police, the local sheriff, 19
and the local chief of police to create procedures for notification of trauma -20
exposed students; and 21
(e) Providing services and programs designed to reduce the neg ative impact of 22
trauma, support critical learning, and foster a positive and safe school 23
environment for every student. 24
(6) The trauma-informed approach plan developed in accordance with subsection (5) of 25
this section shall be reviewed and updated annually and submitted to the 26
department. The department shall annually provide a summary of the trauma -27
UNOFFICIAL COPY 26 RS BR 232
Page 56 of 89
XXXX 10/23/2025 11:39 AM Jacketed
informed approach strategies being used in districts to the board and the Legislative 1
Research Commission for referral to the appropriate Interim Joint Committe e on 2
Education. 3
Section 14. KRS 158.4433 is amended to read as follows: 4
(1) As used in this section, "school mapping data" means mapping information 5
provided in an electronic or a digital format to assist first responder s in responding 6
to emergencies at schools. 7
(2) (a) The General Assembly does hereby establish the School Mapping Data 8
Program to be administered by the Center for School Safety. The Center for 9
School Safety shall utilize available funds to develop school mapping data for 10
each public school [, public charter school,] and any private school that 11
requests to participate in the program. The program shall be administered by 12
the Center for School Safety pursuant to this section, which may include 13
contracting for services pursuant to the relevant provisions of the Kentucky 14
Model Procurement Code in KRS Chapter 45A. The Center for School Safety 15
shall be responsible for ensuring that all funds received for and expended 16
related to the School Mapping Data Program are u tilized for the purposes of 17
school mapping. 18
(b) The Center for School Safety shall provide the data developed by the program 19
to the state school security marshal, participating schools, participating 20
districts, and local law enforcement and public safety agencies for use in 21
response to emergencies and f or conducting drills required under KRS 22
158.162(5). The school mapping data shall be excluded from the application 23
of KRS 61.870 to 61.884. 24
(c) The Center for School Safety shall apply for any federal grant funds that may 25
be used to accomplish the purposes of the program. The Center for School 26
Safety may also solicit private funds to support the program. 27
UNOFFICIAL COPY 26 RS BR 232
Page 57 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(3) The School Mapping Data Program shall establish a single verified source of 1
mapping data for each participating school campus in the state that is stan dardized, 2
accurate, and accessible to public safety agencies to ensure efficient response to any 3
emergency on a school campus. The school mapping data provided shall: 4
(a) Be compatible with software platforms used by local, county, state, and 5
federal public safety agencies that provide emergency services to the specific 6
school for which the data is provided without requiring such agencies to 7
purchase additional software or requiring a fee to view or access the data; 8
(b) Be compatible with security software platforms in use by the participating 9
school or district for which the data is provided without requiring the school 10
or district to purchase additional software or requiring a fee to view or access 11
the data; 12
(c) Be in a printable format and, if requested by a law enforcement or public 13
safety agency or participating school or district in addition to those described 14
in paragraph (a) of this subsection, be in a digital file format that can be 15
integrated into interactive mobile platforms in use; 16
(d) Be verified by the Center for School Safety for accuracy by a walk -through of 17
school buildings and grounds; 18
(e) Be oriented to true north; 19
(f) Include accurate floor plans overlaid on current, verified aerial imagery of 20
campus; 21
(g) Contain site -specific labeling tha t matches the structure of school buildings 22
that includes: 23
1. Room labels; 24
2. Hallway names or identifiers; 25
3. External door or stairwell numbers; 26
4. Locations of hazards; 27
UNOFFICIAL COPY 26 RS BR 232
Page 58 of 89
XXXX 10/23/2025 11:39 AM Jacketed
5. Critical utility locations; 1
6. Key boxes; 2
7. Automated external defibrillators; and 3
8. Trauma kits; 4
(h) Contain site-specific labeling that matches the school grounds that includes: 5
1. Parking areas; 6
2. Athletic fields; 7
3. Surrounding roads; and 8
4. Neighboring properties; 9
(i) Be overlaid with a gridded coordinate system; 10
(j) Not be mo dified or updated independently without corresponding updates to 11
school mapping data within software platforms used by local, county, state, 12
and federal public safety agencies that provide emergency services to the 13
specific school; and 14
(k) Provide to publi c safety agencies and participating schools or districts the 15
school mapping data developed pursuant to the program perpetually and at no 16
cost to the public safety agencies or participating schools or districts. 17
(4) A participating school district or campus shall not be required to adopt new school 18
mapping data if, as of July 1, 2024, the school district or campus previously 19
implemented school mapping data with capabilities that meet the requirements of 20
subsection (3)(a) to (k) of this section. 21
Section 15. KRS 158.8402 is amended to read as follows: 22
(1) Notwithstanding any other statute or administrative regulation to the contrary, the 23
Kentucky Board of Education shall promulgate adm inistrative regulations in 24
accordance with KRS Chapter 13A to define and establish a multitiered system of 25
supports that shall include evidence -based mathematics instruction, intervention, 26
and instructional strategies for district-wide use for students in kindergarten through 27
UNOFFICIAL COPY 26 RS BR 232
Page 59 of 89
XXXX 10/23/2025 11:39 AM Jacketed
grade three (3). 1
(2) By November 1, 2027, and each year thereafter, the department shall submit the 2
implementation status of the multitiered system of supports required pursuant to 3
subsection (1) of this section for all school district s to the Legislative Research 4
Commission for referral to the appropriate Interim Joint Committee on Education. 5
(3) The department shall provide technical assistance and training to local districts to 6
assist in the implementation of the district -wide, multitiered system of supports as a 7
means to identify and assist any student experiencing difficulty in mathematics. 8
(4) The technical assistance and training shall be designed to improve: 9
(a) The use of specific screening processes and diagnostic assessments t o identify 10
student strengths and needs; 11
(b) The use of universal screening and diagnostic data for implementing 12
instruction and intervention, as needed; 13
(c) The use of valid and reliable evidence -based instructional strategies and 14
interventions for mathematics education; 15
(d) Progress monitoring of student performance; and 16
(e) Accelerated, intensive, direct instruction that addresses students' individual 17
differences, including advanced learners, and enables students that are 18
experiencing difficulty to catch up with typically performing peers. 19
(5) (a) [By January 1, 2026, ] Each superintendent[ or public charter school board of 20
directors] shall select: 21
1. At least one (1) universal screener for mathematics that is determined by 22
the department to be valid and re liable to be administered to all students 23
in kindergarten through grade three (3); and 24
2. At least one (1) diagnostic assessment for mathematics that is 25
determined by the department to be reliable and valid to be administered 26
as part of a multitiered syste m of supports for students in kindergarten 27
UNOFFICIAL COPY 26 RS BR 232
Page 60 of 89
XXXX 10/23/2025 11:39 AM Jacketed
through grade three (3). 1
(b) Each superintendent[ or public charter school board of directors] shall adopt 2
an evidence-based curriculum along with high -quality instructional resources 3
for mathematics that is determined by the department to be reliable, valid, and 4
aligned to Kentucky academic standards for mathematics required by KRS 5
158.6453 for kindergarten through grade three (3). 6
(c) All teachers of students in kindergarten through grade three (3) [, including 7
public charter school teachers,] shall be trained on any mathematics universal 8
screener and diagnostic assessment selected by the superintendent [ or public 9
charter school board] prior to administration of the assessment. The training 10
shall address: 11
1. How to properly administer the mathematics universal screener and 12
diagnostic assessment; 13
2. How to interpret the results of the mathematics universal screener and 14
diagnostic assessment to identify students needing interventions; 15
3. How to use the assessment resu lts to design instruction and 16
interventions; 17
4. The use of the assessment to monitor the progress of student 18
performance; and 19
5. The use of accelerated, intensive, and direct instruction that addresses 20
students' individual differences and enables students to achieve 21
proficiency in mathematics, including but not limited to daily, one -on-22
one instruction. 23
(6) Beginning with the 2026 -2027 school year, a universal screener determined by the 24
department to be valid and reliable shall be given in the first thirty ( 30) calendar 25
days of the school year to each student in kindergarten through grade three (3) at a 26
public school[ or public charter school]. 27
UNOFFICIAL COPY 26 RS BR 232
Page 61 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(7) Those students determined to be at risk for not meeting grade -level benchmarks in 1
mathematics for kindergarten t hrough grade three (3) based on the universal 2
screener shall be given a mathematics diagnostic assessment determined by the 3
department to be valid and reliable to identify the individual student deficits in 4
numeracy and other mathematical content and pract ices as listed in subsection (1) 5
of this section in the first forty-five (45) calendar days of the school year. 6
(8) A mathematics improvement plan shall be developed and implemented in the first 7
sixty (60) calendar days of the school year by a mathematics improvement team for 8
any student in kindergarten through grade three (3) identified as needing 9
accelerated interventions to progress toward proficient performance in mathematics. 10
The mathematics improvement plan shall require: 11
(a) Intensive intervention that includes effective instructional strategies and high -12
quality instructional resources necessary to help the student make accelerated 13
progress toward proficient performance in mathematics and become ready for 14
the next grade, including but not limited to d aily, one-on-one instruction with 15
students the most in need provided by certified teachers specifically trained 16
and most qualified to provide one-on-one instruction in numeracy; and 17
(b) Written quarterly progress reports provided by the school to a parent or 18
guardian of any student subject to a mathematics improvement plan. The 19
written quarterly progress report for the mathematics improvement plan may 20
be included in the school's existing quarterly student progress report. 21
(9) Beginning in the 2026 -2027 school year, if a student's rate of progress toward 22
proficient performance in mathematics needs accelerated interventions as 23
demonstrated by the results of an approved universal screener and mathematics 24
diagnostic assessment, the local school district shall provide: 25
(a) Enrichment programs using evidence-based mathematics instruction and other 26
strategies; 27
UNOFFICIAL COPY 26 RS BR 232
Page 62 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(b) Intensive instructional services, progress monitoring measures, and supports; 1
and 2
(c) Parents and legal guardians of students identified for accelerated interventions 3
in mathematics with information on how to encourage mathematics success at 4
home. 5
(10) [By September 1, 2025, ] If funds are available, the department shall establish 6
teacher academies or coaching models for teachers of students in kindergarten 7
through grade eight (8). The teacher academies or coaching models shall be related 8
to evidence-based practices in instruction, instructional materials, and assessment in 9
mathematics. 10
(11) The department shall develop and maintain a web -based resource providing 11
teachers access to: 12
(a) Screening and diagnostic tools, universal screeners, screening processes, and 13
diagnostic assessments; 14
(b) Evidence-based curriculum; 15
(c) High quality instructional resources; and 16
(d) General supports and lesson plans. 17
(12) The department shall encourage districts to utilize both state and federal funds, as 18
appropriate, to implement a district -wide multitiered system of supports, including 19
high-quality mathemat ics instruction and instructional resources, evidence -based 20
intervention strategies and materials, aligned curriculum -based professional 21
learning, and ongoing, job-embedded coaching supports. 22
(13) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 23
determine appropriate instructional strategies for curriculum implementation shall 24
not be considered an evaluation for eligibility for special education and related 25
services, and nothing in this section shall limit a school district from co mpleting an 26
initial evaluation of a student suspected of having a disability. 27
UNOFFICIAL COPY 26 RS BR 232
Page 63 of 89
XXXX 10/23/2025 11:39 AM Jacketed
Section 16. KRS 158.843 is amended to read as follows: 1
(1) The Kentucky numeracy counts fund is hereby created for the purpose of training 2
and supporting teachers to improve the mathematics content and practices of 3
students in kindergarten through grade eight (8), as set forth in subsection (2) of this 4
section and KRS 158.8402(12). The fund shall consist of all moneys received from 5
state appropr iations, gifts, grants, and federal funds for this purpose. The 6
department shall administer the fund. 7
(2) The department shall implement teacher professional learning academies related to 8
evidence-based practices in instruction, instructional materials, an d assessment in 9
mathematics using moneys appropriated to or otherwise received by the Kentucky 10
numeracy counts fund. 11
(3) The department shall create a mathematics coaching program using moneys 12
appropriated to or otherwise received by the Kentucky numeracy counts fund. The 13
program shall: 14
(a) Use data coaches to improve mathematics instruction and intervention; 15
(b) Determine the effectiveness of intensive data -focused professional 16
development; and 17
(c) Provide expert support in mathematics instruction and intervention. 18
(4) (a) The department shall provide grants to local school districts [ and public 19
charter schools] . The grant shall only be used to purchase approved high -20
quality research and evidence -based curriculum aligned to kindergarten 21
through grade three (3) academic standards in mathematics and expenditures 22
for curriculum-based professional learning to implement new curriculum. 23
(b) To be eligible to receive a grant, a local school district [ or public charter 24
school] shall: 25
1. Submit an application in acco rdance with paragraph (c) of this 26
subsection; and 27
UNOFFICIAL COPY 26 RS BR 232
Page 64 of 89
XXXX 10/23/2025 11:39 AM Jacketed
2. Agree to adopt a common comprehensive mathematics program that is 1
determined by the department to be reliable, valid, and aligned to 2
mathematics standards required by KRS 158.6453 and outlined in an 3
administrative regulation promulgated by the Kentucky Board of 4
Education. 5
(c) Local school districts shall submit applications that include a district -wide 6
plan[ and public charter schools shall submit applications that include a 7
school plan] for implementation of mathematics curriculum that includes: 8
1. How the district [ or public charter school] will implement the new 9
curriculum by school and by grade level; and 10
2. The timeline for the rollout of upgraded curriculum materials for core 11
instruction in classrooms. 12
(d) Available grant funding shall be distributed to eligible applicants based on a 13
rubric developed by the department. The rubric shall consider the informati on 14
provided in accordance with paragraphs (b) and (c) of this subsection and 15
prioritize applications from local school districts[ or public charter schools]: 16
1. In which more than fifty percent (50%) of the enrolled students scored 17
below the statewide aver age on the statewide assessments in 18
mathematics administered for the preceding school year; 19
2. With the greatest need for financial assistance; and 20
3. That propose comprehensive plans most likely to increase student 21
achievement in mathematics. 22
[(e) The department shall distribute the awarded grant money to a public charter 23
school authorizer, and the authorizer shall distribute one hundred percent 24
(100%) of the grant money to the charter school.] 25
(5) Notwithstanding the provisions of KRS 45.229, unexpended f unds in the Kentucky 26
numeracy counts fund shall not lapse but shall carry forward to the next fiscal year 27
UNOFFICIAL COPY 26 RS BR 232
Page 65 of 89
XXXX 10/23/2025 11:39 AM Jacketed
and shall be used for the purposes established in this section. 1
(6) Any interest earned on moneys in the fund shall become part of the fund and shall 2
not lapse. 3
Section 17. KRS 160.152 is amended to read as follows: 4
(1) For purposes of this section, "Kentucky Educator Placement Service System" or 5
"system" means the online statewide job posting system operated by the K entucky 6
Department of Education for vacancies at local school districts [ and public charter 7
schools]. 8
(2) The Kentucky Department of Education shall ensure that the Kentucky Educator 9
Placement Service System: 10
(a) Is accessible through the department's website; 11
(b) Includes a mechanism for local school districts [ and public charter schools] to 12
electronically submit job openings for posting on the system as provided in 13
subsection (4) of this section; 14
(c) Allows the public to review job postings; 15
(d) Allows potential applicants to electronically submit applications and relevant 16
application materials; and 17
(e) Permits school districts [ and public charter schools] to access, review, and 18
download applications and application materials. 19
(3) Each job posting for a va cancy at a school district [ or public charter school] shall 20
include the school district's[ or public charter school's] policy against discrimination 21
in employment. 22
(4) School districts [ and public charter schools] shall electronically submit all job 23
postings to the system. All postings must include an opening and closing date for 24
each position posted. 25
(5) The Kentucky Department of Education shall operate and maintain the system to 26
ensure that job postings are current, including tracking each unique positio n posted, 27
UNOFFICIAL COPY 26 RS BR 232
Page 66 of 89
XXXX 10/23/2025 11:39 AM Jacketed
monitoring for repeated position postings, and removing outdated postings, and to 1
collect accurate data about employment in public schools. 2
(6) Nothing in this section shall: 3
(a) Prohibit a school district [ or public charter school] from advertis ing job 4
openings and recruiting employees independently from the system; 5
(b) Prohibit a school district[ or public charter school] from using another method 6
of advertising job openings or another applicant tracking system in addition to 7
the system; 8
(c) Require all job applications for posted vacancies to be submitted digitally or 9
only be submitted through the system; or 10
(d) Provide the Kentucky Department of Education with any regulatory authority 11
in the hiring process or hiring decisions of any school dist rict[ or public 12
charter school]. 13
(7) The Kentucky Department of Education shall prepare a report detailing data from 14
the system and its implication for the status of employment in public schools, 15
including but not limited to the number and type of unique a nd duplicated job 16
postings, how often postings are viewed by the public, and positions that are 17
remaining vacant by type, certification requirement, and location. The report shall 18
be submitted to the appropriate Interim Joint Committee on Education by Octo ber 19
1[, 2023, and] annually[ thereafter]. 20
Section 18. KRS 160.153 is amended to read as follows: 21
(1) As used in this section: 22
(a) "Military-connected student" means a child enrolled in a Kentucky public 23
school who is a dependent of a current or former member of the Armed 24
Forces of the United States, the Kentucky National Guard, or any reserve 25
component thereof; and 26
(b) "Purple star school" means any public or[,] private[, or public charter] school 27
UNOFFICIAL COPY 26 RS BR 232
Page 67 of 89
XXXX 10/23/2025 11:39 AM Jacketed
serving any grades of kindergarten through twelfth grade that has committed 1
to supporting the educational and social -emotional needs of military -2
connected students, as identified by the Kent ucky Commission on Military 3
Affairs. 4
(2) The Kentucky Commission on Military Affairs shall establish the Purple Star 5
School Program and establish an application, review, and designation process for 6
eligible schools. 7
(3) To qualify as a purple star school, the school shall: 8
(a) Designate a staff member as a military liaison to serve as the point of contact 9
between the school and military -connected students and their families, whose 10
duties shall include: 11
1. Identifying military-connected students enrolled in the school; 12
2. Determining appropriate services available to military -connected 13
students; 14
3. Coordinating programs relevant to military-connected students; 15
4. Assisting military-connected students in transitioning into or out of the 16
school; 17
5. Facilitating optional professional development for staff members on 18
issues related to military-connected students; 19
6. Completing a Kentucky Commission on Military Affairs purple star 20
school questionnaire to provide feedback for program improvements; 21
and 22
7. Completing Kentucky purple star school self -paced online training 23
events, including military youth in Kentucky; 24
(b) Maintain a web page on the school's website that includes a prominent display 25
of the Kentucky purple star logo provided by the Kentucky Commission on 26
Military Affairs, resources for military -connected students and their families, 27
UNOFFICIAL COPY 26 RS BR 232
Page 68 of 89
XXXX 10/23/2025 11:39 AM Jacketed
and information regarding: 1
1. Relocation, enrollment, registration, and transferring records in the 2
school; 3
2. Academic planning, course sequences, and advanced classes available; 4
3. Counseling and other support services available for military -connected 5
students enrolled in the school; and 6
4. Contact information for the military liaison designated in this 7
subsection; 8
(c) Host at least one (1) military recognition event annually t hat connects the 9
school with the military community; and 10
(d) Submit an application for designation as a purple star school with the 11
Kentucky Commission on Military Affairs. 12
Section 19. KRS 160.346 is amended to read as follows: 13
(1) For purposes of this section: 14
(a) "Department" means the Kentucky Department of Education; 15
(b) "ESSA" means the Every Student Succeeds Act of 2015, Pub. L. No. 114 -95, 16
or its successor; 17
(c) "Level" means elementary, middle, or high school; 18
(d) "Turnaround" means a comprehensive transformation of a school to achieve 19
accelerated, meaningful, and sustainable increases in student achievement 20
through improved school leadership and school district support; 21
(e) "Turnaround plan" means a mandatory s chool plan that is designed to 22
improve student learning and performance with evidence -based interventions 23
as defined in ESSA and that is developed and implemented by the local 24
school district in partnership with stakeholders, including the principal, other 25
school leaders, teachers, and parents; and 26
(f) "Turnaround team" means the turnaround training and support team described 27
UNOFFICIAL COPY 26 RS BR 232
Page 69 of 89
XXXX 10/23/2025 11:39 AM Jacketed
in subsection (8)(a) of this section. 1
(2) (a) The department shall annually identify a school for targeted support and 2
improvement if the school has one (1) or more of the same subgroups, as 3
defined by ESSA, whose performance in the state accountability system by 4
level is at or below that of all students in any of the lowest -performing five 5
percent (5%) of all schools for three (3) consecutive years. 6
(b) Beginning with the 2021 -2022 school year, and every three (3) years 7
thereafter, the department shall identify a school for additional targeted 8
support and improvement if the school has one (1) or more subgroups, as 9
defined by ESSA, whose performance in the state accountability system by 10
level is at or below the summative performance of all students in any of the 11
lowest-performing five percent (5%) of all schools identified under subsection 12
(3)(a) of this section and the school was identif ied in the immediately 13
preceding year for targeted support and improvement as described in 14
paragraph (a) of this subsection. 15
(3) The department shall annually identify a school for comprehensive support and 16
improvement if the school is: 17
(a) In the lowest-performing five percent (5%) of all schools in its level based on 18
the school's performance in the state accountability system; 19
(b) A high school with a four (4) year cohort graduation rate that is less than 20
eighty percent (80%); or 21
(c) Identified by the dep artment for additional targeted support and improvement 22
under subsection (2)(b) of this section and fails to exit additional targeted 23
support and improvement status based on criteria established under subsection 24
(11) of this section. 25
(4) (a) When a school is identified for targeted support and improvement under 26
subsection (2)(a) of this section, the local school personnel, working with 27
UNOFFICIAL COPY 26 RS BR 232
Page 70 of 89
XXXX 10/23/2025 11:39 AM Jacketed
stakeholders, including the principal, other school leaders, teachers, and 1
parents, shall revise its school improvement pla n, which shall be subject to 2
review and approval by the local board of education. 3
(b) Each revised plan shall be informed by all available indicators, including 4
student performance compared to long-term goals, and shall include: 5
1. Components of turnaround leadership development and support; 6
2. Identification of critical resource inequities; 7
3. Evidence-based interventions; and 8
4. Additional actions that address the causes of consistently 9
underperforming subgroups of students. 10
(c) If adequate performance pr ogress, as defined by the department, is not made, 11
the local school district shall take additional action to assist and support the 12
school in reaching performance goals. 13
(5) When a school is identified for additional targeted support and improvement under 14
subsection (2)(b) of this section, the local school district shall take more rigorous 15
district-determined action to assist and support the school in reaching performance 16
goals. 17
(6) (a) When a school is identified for comprehensive support and improvement, an 18
audit shall be performed by the department to diagnose the causes of the 19
school's low performance. 20
(b) The audit conducted under this subsection shall be the only comprehensive 21
audit required for a school unless the school fails to exit comprehensive 22
support and improvement status as described in subsection (11) of this section 23
or exits comprehensive support and improvement status but subsequently 24
repeats as a school identified for comprehensive support and improvement. 25
(7) (a) The audit conducted by the department under subsection (6) of this section 26
shall include: 27
UNOFFICIAL COPY 26 RS BR 232
Page 71 of 89
XXXX 10/23/2025 11:39 AM Jacketed
1. A diagnosis of the causes of the school's low performance, with an 1
emphasis on underperforming subgroups of students and corresponding 2
critical resource inequities; 3
2. An assessment and recommendation to the superintendent regarding the 4
best strategies to address the school's specific needs; 5
3. An assessment of the interaction and relationship among the 6
superintendent, central office personnel, and the school principal; 7
4. A recommendation of the steps the school may implement to launch and 8
sustain a turnaround process; 9
5. A recommendation to the local board of education of the turnaround 10
principles and strategies necessary for the superintendent to assist the 11
school with turnaround; and 12
6. An assessment and recommendation to the superintendent regarding the 13
principal's capacity to lead the turnaround effort in the school. 14
(b) The report of an audit conducted under this subsection shall be provided to the 15
superintendent, local board of education, school principal, commissioner of 16
education, and the Kentucky Board of Education. 17
(8) After completion of the audit described in subsection (7) of this section, each school 18
identified for comprehensive support and improvement shall engage in the 19
following turnaround intervention process: 20
(a) The superintendent and principal shall collaborate with the department to 21
create a turnaround tra ining and support team for the school identified for 22
comprehensive support and improvement. The local board of education shall 23
approve the turnaround team; 24
(b) The authority of the school council granted under KRS 160.345 shall be 25
transferred to the superintendent; 26
(c) The superintendent shall select a principal for the school if a principal 27
UNOFFICIAL COPY 26 RS BR 232
Page 72 of 89
XXXX 10/23/2025 11:39 AM Jacketed
vacancy occurs. The superintendent shall consult with the turnaround team, 1
parents, certified staff, and classified staff before appointing a principal 2
replacement; 3
(d) Upon recommendation of the principal, the superintendent may reassign 4
certified staff members to a comparable position in the school district; 5
(e) The superintendent shall collaborate with the turnaround team to design 6
ongoing turnaround training and support for the principal and a corresponding 7
monitoring system of effectiveness and student achievement results; 8
(f) The principal shall collaborate with the turnaround team to establish an 9
advisory leadership team representing school stakeholders including o ther 10
school leaders, teachers, and parents; 11
(g) 1. In consultation with the department, the local school board shall 12
collaborate with the superintendent, principal, turnaround team, and the 13
advisory leadership team to propose a three (3) year turnaround plan. 14
2. The turnaround plan shall include requests to the department for 15
exemptions from submitting documentation that are identified by the 16
principal, advisory leadership team, and turnaround team as inhibitors to 17
investing time in innovative instruction a nd accelerated student 18
achievement of diverse learners including ongoing staff instructional 19
plans, student interventions, formative assessment results, or staff 20
effectiveness processes. 21
3. The turnaround plan shall be reviewed for approval by the 22
superintendent and the local board of education and shall be subject to 23
review, approval, monitoring, and periodic review by the department as 24
described in KRS 158.782; 25
(h) The school district may request technical assistance from the department for 26
development and implementation of the turnaround plan, which may include 27
UNOFFICIAL COPY 26 RS BR 232
Page 73 of 89
XXXX 10/23/2025 11:39 AM Jacketed
conducting needs assessments, selecting evidence -based interventions, and 1
reviewing and addressing resource inequities; 2
(i) The turnaround plan shall be fully implemented by the first full day of t he 3
school year following the school year the school was identified for 4
comprehensive support and improvement; and 5
(j) The superintendent shall periodically report to the local school board, and at 6
least annually to the commissioner of education, on the imp lementation and 7
results of the turnaround plan. 8
(9) The department shall establish required professional learning for teachers of 9
students in schools identified for comprehensive support and improvement. 10
Required professional learning shall be related to e vidence-based practices in 11
instruction, instructional materials implementation, and assessment for reading and 12
mathematics and aligned to Kentucky academic standards required by KRS 13
158.6453. 14
(10) Each superintendent [ or public charter school board of dire ctors] shall adopt 15
evidence-based curriculum and select high -quality instructional resources for 16
schools identified for comprehensive support and improvement. High -quality 17
instructional materials selected by the superintendent shall be determined by the 18
department to be reliable, valid, and aligned to Kentucky academic standards 19
required by KRS 158.6453 for reading and mathematics. 20
(11) The Kentucky Board of Education shall establish annual statewide exit criteria for 21
schools identified for targeted support and improvement, additional targeted support 22
and improvement, and comprehensive support and improvement. 23
(12) If a school enters comprehensive support and improvement status and does not 24
make any annual improvement, as determined by the department, for tw o (2) 25
consecutive years, or if the school does not exit the status after three (3) years, the 26
school shall enter a school intervention process chosen by the commissioner of 27
UNOFFICIAL COPY 26 RS BR 232
Page 74 of 89
XXXX 10/23/2025 11:39 AM Jacketed
education that provides more rigorous support and action by the department to 1
improve the school's performance. 2
(13) For school districts that include a significant number of schools, as determined by 3
the department, identified for targeted support and improvement: 4
(a) The department shall periodically review a local board's resource all ocations 5
to support school improvement and provide technical assistance to the local 6
school board; and 7
(b) The department may provide a recommended list of turnaround or school 8
intervention providers that have demonstrated success implementing 9
evidence-based strategies. 10
(14) If, in the course of a school audit, the audit team identifies information suggesting 11
that a violation of KRS 160.345(9)(a) may have occurred, the commissioner of 12
education shall forward the evidence to the Office of Education Accountab ility for 13
investigation. 14
(15) A school's right to establish a council granted under KRS 160.345 may be restored 15
by the local board of education two (2) years after the school exits comprehensive 16
support and improvement status. 17
Section 20. KRS 161.164 is amended to read as follows: 18
(1) No employee of the local school district shall take part in the management or 19
activities of any political campaign for school board. 20
(2) No candidate for school board shall solicit or accept any political assessment, 21
subscription, contribution, or service of any employee of the school district. 22
(3) No person shall use or promise to use, directly or indirectly, any official authority 23
or infl uence, whether possessed or anticipated, to secure or attempt to secure for 24
any person an appointment or advantage in appointment to a position as teacher or 25
employee of any district board of education, or an increase in pay or other 26
advantage in employmen t in any such position, for the purpose of influencing the 27
UNOFFICIAL COPY 26 RS BR 232
Page 75 of 89
XXXX 10/23/2025 11:39 AM Jacketed
vote or political action of any person. 1
(4) No teacher or employee of any district board of education shall be appointed or 2
promoted to, or demoted or dismissed from, any position or in any way fav ored or 3
discriminated against with respect to employment because of his or her political or 4
religious opinions or affiliations or ethnic origin or race or color or sex or age or 5
disabling condition. 6
(5) Any instruction or instructional materials on current , controversial topics related to 7
public policy or social affairs provided to public school [ or public charter school] 8
students, regardless of whet her the individual that provides the instruction is 9
employed by the local school district[ or public charter school], shall be: 10
(a) Within the range of knowledge, understanding, age, and maturity of the 11
students receiving the instruction; and 12
(b) Relevant, objective, nondiscriminatory, and respectful to the differing 13
perspectives of students. 14
(6) An employee of a public school district[ or public charter school] shall not violate a 15
student's First Amendment rights by requiring or incentivizing a student to advocate 16
in a civic space on behalf of a perspective with which the student or the parent or 17
guardian of a minor student does not agree. 18
(7) An employee of a local school district [ or public charter school] shall not be 19
required to engage in training, orie ntation, or therapy that coerces the employee to 20
stereotype any group. 21
(8) The local superintendent shall inform all school employees of the provisions of this 22
section. 23
Section 21. KRS 161.220 is amended to read as follows: 24
As used in KRS 161.220 to 161.716 and 161.990: 25
(1) "Retirement system" means the arrangement provided for in KRS 161.220 to 26
161.716 and 161.990 for payment of allowances to members; 27
UNOFFICIAL COPY 26 RS BR 232
Page 76 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(2) "Retirement allowance" means the amount annually payable during th e course of 1
his or her natural life to a member who has been retired by reason of service; 2
(3) "Disability allowance" means the amount annually payable to a member retired by 3
reason of disability; 4
(4) "Member" means the commissioner of education, deputy co mmissioners, associate 5
commissioners, and all division directors in the State Department of Education, 6
employees participating in the system pursuant to KRS 196.167(3)(b)1., and any 7
full-time teacher or professional occupying a position requiring certifica tion or 8
graduation from a four (4) year college or university, as a condition of employment, 9
and who is employed by public boards, institutions, or agencies as follows: 10
(a) Local boards of education [ and public charter schools if the public charter 11
school satisfies the criteria set by the Internal Revenue Service to participate 12
in a governmental retirement plan]; 13
(b) Eastern Kentucky University, Kentucky State University, Morehead State 14
University, Murray State University, Western Kentucky University, and a ny 15
community colleges established under the control of these universities; 16
(c) State-operated secondary area vocational education or area technology 17
centers, Kentucky School for the Blind, and Kentucky School for the Deaf; 18
(d) Other public education agenci es as created by the General Assembly and 19
those members of the administrative staff of the Teachers' Retirement System 20
of the State of Kentucky whom the board of trustees may designate by 21
administrative regulation; 22
(e) Regional cooperative organizations fo rmed by local boards of education or 23
other public educational institutions listed in this subsection, for the purpose 24
of providing educational services to the participating organizations; 25
(f) All full -time members of the staffs of the Kentucky Association of School 26
Administrators, Kentucky Education Association, Kentucky Vocational 27
UNOFFICIAL COPY 26 RS BR 232
Page 77 of 89
XXXX 10/23/2025 11:39 AM Jacketed
Association, Kentucky High School Athletic Association, Kentucky 1
Academic Association, and the Kentucky School Boards Association who 2
were members of the Kentucky Teachers' Retir ement System or were 3
qualified for a position covered by the system at the time of employment by 4
the association in the event that the board of directors of the respective 5
association petitions to be included. The board of trustees of the Kentucky 6
Teachers' Retirement System may designate by resolution whether part -time 7
employees of the petitioning association are to be included. The state shall 8
make no contributions on account of these employees, either full -time or part-9
time. The association shall make th e employer's contributions, including any 10
contribution that is specified under KRS 161.550. The provisions of this 11
paragraph shall be applicable to persons in the employ of the associations on 12
or subsequent to July 1, 1972; 13
(g) Employees of the Council on Postsecondary Education who were employees 14
of the Department for Adult Education and Literacy and who were members 15
of the Kentucky Teachers' Retirement System at the time the department was 16
transferred to the council pursuant to Executive Order 2003-600; 17
(h) The Office of Career and Technical Education; 18
(i) The Office of Vocational Rehabilitation; 19
(j) The Kentucky Educational Collaborative for State Agency Children; 20
(k) The Governor's Scholars Program; 21
(l) Any person who is retired for service from the reti rement system and is 22
reemployed by an employer identified in this subsection in a position that the 23
board of trustees deems to be a member, except that any person who becomes 24
a member on or after January 1, 2022, and subsequently draws a monthly 25
lifetime r etirement allowance, shall upon reemployment after retirement not 26
earn a second retirement account; 27
UNOFFICIAL COPY 26 RS BR 232
Page 78 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(m) Employees of the former Cabinet for Workforce Development who are 1
transferred to the Kentucky Community and Technical College System and 2
who occupy positions covered by the Kentucky Teachers' Retirement System 3
shall remain in the Teachers' Retirement Syste m. New employees occupying 4
these positions, as well as newly created positions qualifying for Teachers' 5
Retirement System coverage that would have previously been included in the 6
former Cabinet for Workforce Development, shall be members of the 7
Teachers' Retirement System; 8
(n) Effective January 1, 1998, employees of state community colleges who are 9
transferred to the Kentucky Community and Technical College System shall 10
continue to participate in federal old age, survivors, disability, and hospital 11
insurance, and a retirement plan other than the Kentucky Teachers' Retirement 12
System offered by Kentucky Community and Technical College System. New 13
employees occupying positions in the Kentucky Community and Technical 14
College System as referenced in KRS 164.5807( 5) that would not have 15
previously been included in the former Cabinet for Workforce Development, 16
shall participate in federal old age, survivors, disability, and hospital 17
insurance and have a choice at the time of employment of participating in a 18
retirement plan provided by the Kentucky Community and Technical College 19
System, including participation in the Kentucky Teachers' Retirement System, 20
on the same basis as faculty of the state universities as provided in KRS 21
161.540 and 161.620; 22
(o) Employees of the Office of General Counsel, the Office of Budget and 23
Administrative Services, and the Office of Quality and Human Resources 24
within the Office of the Secretary of the former Cabinet for Workforce 25
Development and the commissioners of the former Department fo r Adult 26
Education and Literacy and the former Department for Technical Education 27
UNOFFICIAL COPY 26 RS BR 232
Page 79 of 89
XXXX 10/23/2025 11:39 AM Jacketed
who were contributing to the Kentucky Teachers' Retirement System as of 1
July 15, 2000; 2
(p) Employees of the Kentucky Department of Education only who are graduates 3
of a four ( 4) year college or university, notwithstanding a substitution clause 4
within a job classification, and who are serving in a professional job 5
classification as defined by the department; 6
(q) The Governor's School for Entrepreneurs Program; 7
(r) Employees of t he Office of Adult Education within the Department of 8
Workforce Development in the Education and Labor Cabinet who were 9
employees of the Council on Postsecondary Education, Kentucky Adult 10
Education Program and who were members of the Kentucky Teachers' 11
Retirement System at the time the Program was transferred to the cabinet 12
pursuant to Executive Orders 2019-0026 and 2019-0027; 13
(s) Employees of the Education Professional Standards Board who were 14
members of the Kentucky Teachers' Retirement System at the time the 15
employees were transferred to the Kentucky Department of Education 16
pursuant to Executive Order 2020-590; and 17
(t) WeLeadCS, the virtual computer science career academy established in KRS 18
158.809; 19
(5) "Present teacher" means any teacher who was a teache r on or before July 1, 1940, 20
and became a member of the retirement system created by 1938 (1st Extra. Sess.) 21
Ky. Acts ch. 1, on the date of the inauguration of the system or within one (1) year 22
after that date, and any teacher who was a member of a local t eacher retirement 23
system in the public elementary or secondary schools of the state on or before July 24
1, 1940, and continued to be a member of the system until he or she, with the 25
membership of the local retirement system, became a member of the state Teac hers' 26
Retirement System or who becomes a member under the provisions of KRS 27
UNOFFICIAL COPY 26 RS BR 232
Page 80 of 89
XXXX 10/23/2025 11:39 AM Jacketed
161.470(4); 1
(6) "New teacher" means any member not a present teacher; 2
(7) "Prior service" means the number of years during which the member was a teacher 3
in Kentucky prior to July 1, 1941, except that not more than thirty (30) years' prior 4
service shall be allowed or credited to any teacher; 5
(8) "Subsequent service" means the number of years during which the teacher is a 6
member of the Teachers' Retirement System after July 1, 1941; 7
(9) "Final average salary" means the average of the five (5) highest annual salaries 8
which the member has received for service in a covered position and on which the 9
member has made contributions, or on which the public board, institution, or 10
agency has pi cked-up member contributions pursuant to KRS 161.540(2), or the 11
average of the five (5) years of highest salaries as defined in KRS 61.680(2)(a), 12
which shall include picked -up member contributions. Additionally, the board of 13
trustees may approve a final av erage salary based upon the average of the three (3) 14
highest salaries for individuals who become members prior to January 1, 2022, who 15
are at least fifty -five (55) years of age and have a minimum of twenty -seven (27) 16
years of Kentucky service credit. However, if any of the five (5) or three (3) highest 17
annual salaries used to calculate the final average salary was paid within the three 18
(3) years immediately prior to the date of the member's retirement for individuals 19
who become members prior to January 1, 2 022, or within the five (5) years 20
immediately prior to the date of the member's retirement for individuals who 21
become members on or after January 1, 2022, the amount of salary to be included 22
for each of those three (3) years or five (5) years, as applicabl e, for the purpose of 23
calculating the final average salary shall be limited to the lesser of: 24
(a) The member's actual salary; or 25
(b) The member's annual salary that was used for retirement purposes during each 26
of the prior three (3) years or five (5) years , as applicable, plus a percentage 27
UNOFFICIAL COPY 26 RS BR 232
Page 81 of 89
XXXX 10/23/2025 11:39 AM Jacketed
increase equal to the percentage increase received by all other members 1
employed by the public board, institution, or agency, or for members of 2
school districts, the highest percentage increase received by members on any 3
one (1) rank and step of the salary schedule of the school district. The increase 4
shall be computed on the salary that was used for retirement purposes. The 5
board of trustees may promulgate an administrative regulation in accordance 6
with KRS Chapter 13A to establish a methodology for measuring the 7
limitation so that the combined increases in salary for each of the last three (3) 8
full years of salary prior to retirement shall not exceed the total permissible 9
percentage increase received by other members of t he employer for the same 10
three (3) year period. 11
For individuals who became members of the retirement system prior to July 1, 12
2021, this limitation shall not apply if the member receives an increase in salary in a 13
percentage exceeding that received by the other members, and this increase was 14
accompanied by a corresponding change in position or in length of employment. 15
The board of trustees may promulgate an administrative regulation in accordance 16
with KRS Chapter 13A to provide definitions for a correspondi ng change in 17
position or in length of employment. This limitation shall also not apply to the 18
payment to a member for accrued annual leave if the individual becomes a member 19
before July 1, 2008, or accrued sick leave which is authorized by statute and whic h 20
shall, for individuals subject to KRS 161.155(10) who became nonuniversity 21
members of the system prior to January 1, 2022, be included as part of a retiring 22
member's annual compensation for the member's last year of active service; 23
(10) "Annual compensat ion" means the total salary received by a member as 24
compensation for all services performed in employment covered by the retirement 25
system during a fiscal year. Annual compensation shall not include payment for any 26
benefit or salary adjustments made by the public board, institution, or agency to the 27
UNOFFICIAL COPY 26 RS BR 232
Page 82 of 89
XXXX 10/23/2025 11:39 AM Jacketed
member or on behalf of the member which is not available as a benefit or salary 1
adjustment to other members employed by that public board, institution, or agency. 2
Annual compensation shall not include the salary supplement received by a member 3
under KRS 157.197(2)(c), 158.6455, or 158.782 on or after July 1, 1996. Under no 4
circumstances shall annual compensation include compensation that is earned by a 5
member while on assignment to an organization or agency that is not a public 6
board, institution, or agency listed in subsection (4) of this section. In the event that 7
federal law requires that a member continue membership in the retirement system 8
even though the member is on assignment to an organization or agency t hat is not a 9
public board, institution, or agency listed in subsection (4) of this section, the 10
member's annual compensation for retirement purposes shall be deemed to be the 11
annual compensation, as limited by subsection (9) of this section, last earned by the 12
member while still employed solely by and providing services directly to a public 13
board, institution, or agency listed in subsection (4) of this section. The board of 14
trustees shall determine if any benefit or salary adjustment qualifies as annual 15
compensation. For an individual who becomes a member on or after July 1, 2008, 16
annual compensation shall not include lump -sum payments upon termination of 17
employment for accumulated annual or compensatory leave; 18
(11) "Age of member" means the age attained on the first day of the month immediately 19
following the birthdate of the member. This definition is limited to retirement 20
eligibility and does not apply to tenure of members; 21
(12) "Employ," and derivatives thereof, means relationships under which an individu al 22
provides services to an employer as an employee, as an independent contractor, as 23
an employee of a third party, or under any other arrangement as long as the services 24
provided to the employer are provided in a position that would otherwise be 25
covered by the Kentucky Teachers' Retirement System and as long as the services 26
are being provided to a public board, institution, or agency listed in subsection (4) 27
UNOFFICIAL COPY 26 RS BR 232
Page 83 of 89
XXXX 10/23/2025 11:39 AM Jacketed
of this section; 1
(13) "Regular interest" means: 2
(a) For an individual who becomes a member prior to July 1, 2008, interest at 3
three percent (3%) per annum; 4
(b) For an individual who becomes a member on or after July 1, 2008, but prior to 5
January 1, 2022, interest at two and one -half percent (2.5%) per annum for 6
purposes of crediting interest to the teach er savings account or any other 7
contributions made by the employee that are refundable to the employee upon 8
termination of employment; and 9
(c) For an individual who becomes a member on or after January 1, 2022, the 10
rolling five (5) year yield on a thirty ( 30) year United States Treasury bond as 11
of the end of May prior to the most recently completed fiscal year, except 12
that: 13
1. Once the member has at least sixty (60) months of service in the system 14
it shall mean interest at two and one -half percent (2.5%) pe r annum for 15
purposes of crediting interest to employee contributions in the 16
foundational benefit component or any other contributions made by the 17
employee to the foundational benefit component that are refundable to 18
the employee upon termination of employment; and 19
2. The board shall have the authority to adjust the regular interest rate for 20
individuals who become members on or after January 1, 2022, in 21
accordance with KRS 161.633 and 161.634; 22
(14) "Accumulated contributions" means the contributions of a mem ber to the teachers' 23
savings fund, including picked -up member contributions as described in KRS 24
161.540(2), plus accrued regular interest; 25
(15) "Annuitant" means a person who receives a retirement allowance or a disability 26
allowance; 27
UNOFFICIAL COPY 26 RS BR 232
Page 84 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(16) "Local retirement system" means any teacher retirement or annuity system created 1
in any public school district in Kentucky in accordance with the laws of Kentucky; 2
(17) "Fiscal year" means the twelve (12) month period from July 1 to June 30. The 3
retirement plan year is concurrent with this fiscal year. A contract for a member 4
employed by a local board of education may not exceed two hundred sixty -one 5
(261) days in the fiscal year; 6
(18) "Public schools" means the schools and other institutions mentioned in s ubsection 7
(4) of this section; 8
(19) "Dependent" as used in KRS 161.520 and 161.525 means a person who was 9
receiving, at the time of death of the member, at least one -half (1/2) of the support 10
from the member for maintenance, including board, lodging, medic al care, and 11
related costs; 12
(20) "Active contributing member" means a member currently making contributions to 13
the Teachers' Retirement System, who made contributions in the immediate 14
preceding fiscal year, for whom picked -up member contributions are curre ntly 15
being made, or for whom these contributions were made in the immediate 16
preceding fiscal year; 17
(21) "Full-time" means employment in a position that requires services on a continuing 18
basis equal to at least seven -tenths (7/10) of normal full -time servic e on a fiscal 19
year basis; 20
(22) "Full actuarial cost," when used to determine the payment or payments that a 21
member must pay for service credit means the actuarial value of all costs associated 22
with the enhancement of a member's benefits or eligibility for benefit 23
enhancements, including health insurance supplement payments made by the 24
retirement system. The board may promulgate administrative regulations in 25
accordance with KRS Chapter 13A to provide the methodology for the assessment 26
of and procedures for t he payment and collection of the full actuarial cost of the 27
UNOFFICIAL COPY 26 RS BR 232
Page 85 of 89
XXXX 10/23/2025 11:39 AM Jacketed
purchased service. The actuary for the retirement system shall determine the full 1
actuarial value costs and actuarial cost factor tables as provided in KRS 161.400; 2
(23) "Last annual compensation" means the annual compensation, as defined by 3
subsection (10) of this section and as limited by subsection (9) of this section, 4
earned by the member during the most recent period of contributing service, either 5
consecutive or nonconsecutive, that is sufficient to provide the member with one (1) 6
full year of service credit in the Kentucky Teachers' Retirement System, and which 7
compensation is used in calculating the member's initial retirement allowance, 8
excluding bonuses, retirement incentives, payments for accumulated sick leave, 9
annual, personal, and compensatory leave, and any other lump -sum payment. For 10
an individual who becomes a member on or after July 1, 2008, payments for annual 11
or compensatory leave shall not be included in determining the member's last 12
annual compensation; 13
(24) "Participant" means a member, as defined by subsection (4) of this section, or an 14
annuitant, as defined by subsection (15) of this section; 15
(25) "Qualified domestic relations order" means any judgment, decree, or order, 16
including approval of a property settlement agreement, that: 17
(a) Is issued by a court or administrative agency; and 18
(b) Relates to the provision of child support, alimony payments, or marital 19
property rights to an alternate payee; 20
(26) "Alternate payee" means a spouse, former spouse, child, or other dependent of a 21
participant, who is designated to be paid retirement benefits in a qualified domestic 22
relations order; 23
(27) "University member" means an individual who becomes a member through 24
employment with an employer specified in subsection (4)(b) and (n) of this section; 25
(28) "Nonuniversity member" means an individual who becomes a member through 26
employment with an employer specified under subsection (4) of this section, except 27
UNOFFICIAL COPY 26 RS BR 232
Page 86 of 89
XXXX 10/23/2025 11:39 AM Jacketed
for those members employed by an emp loyer specified in subsection (4)(b) and (n) 1
of this section; 2
(29) "Accumulated employer contribution" means the employer contribution deposited 3
to a member's account through the supplemental benefit component and regular 4
interest credited on such amounts as provided by KRS 161.635 for nonuniversity 5
members and KRS 161.636 for university members; 6
(30) "Accumulated account balance" means: 7
(a) For members who began participating in the system prior to January 1, 2022, 8
the member's accumulated contributions; or 9
(b) For members who began participating in the system on or after January 1, 10
2022, the combined sum of the member's accumulated contributions and the 11
member's accumulated employer contributions; 12
(31) "Foundational benefit component" means the benefits pr ovided by KRS 161.220 to 13
161.716 to individuals who become members on or after January 1, 2022, except 14
for the supplemental benefit component and retiree health benefits set forth in KRS 15
161.675; and 16
(32) "Supplemental benefit component" means: 17
(a) The benefit established pursuant to KRS 161.635 for individuals who become 18
nonuniversity members on or after January 1, 2022; or 19
(b) The benefit established pursuant to KRS 161.636 for individuals who become 20
university members on or after January 1, 2022. 21
Section 22. KRS 218B.045 is amended to read as follows: 22
(1) A registered qualified patient or visiting qualified patient who uses medicinal 23
cannabis shall be afforded all the same rights under state and local law, including 24
those guaranteed under KRS Chapter 344, as the individual would have been 25
afforded if he or she were solely prescribed pharmaceutical medications as they 26
pertain to drug testing required by any state or local law. 27
UNOFFICIAL COPY 26 RS BR 232
Page 87 of 89
XXXX 10/23/2025 11:39 AM Jacketed
(2) A cardholder otherwise entitled to custod y of, or visitation time or parenting time 1
with, a minor child shall not be denied that right, and there shall be no presumption 2
of abuse, neglect, or dependency for conduct permitted under this chapter unless the 3
person's actions in relation to medicinal cannabis created an unreasonable danger to 4
the safety of the minor child as established by clear and convincing evidence. 5
(3) (a) For the purposes of medical care, including organ transplants, a patient's 6
authorized use of medicinal cannabis is the equivalent of the authorized use of 7
any other medication used at the direction of a practitioner. 8
(b) A health facility as defined in KRS 216B.015 may develop policies to allow a 9
patient who is a registered qualified patient or visiting qualified patient to use 10
medicinal cannabis on the premises of the health facility. 11
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for 12
his or her status as a cardholder, unless failing to do so would violate federal 13
law or regulations and cause the school to lose a monetary or licensing-related 14
benefit under federal law or regulations. 15
(b) A school shall not be penalized or denied any benefit under state law for 16
enrolling a cardholder. 17
(c) Each local board of education [, each board of directors of a public charter 18
school,] and the governing body of each certified nonpublic school shall [, no 19
later than December 1, 2024,] establish policies related to the use of medicinal 20
cannabis by a pupil who is a registered qualified patient on school property. 21
Policies enacted pursuant to this paragraph shall either prohibit the use of 22
medicinal cannabis on school property or permit the use of medicinal 23
cannabis on school property by a pupil who is a registered qualified patient as 24
deemed necessary by the pupil's parent or legal guardian. If a local board of 25
education[, the board of directors of a public charter school,] or the governing 26
body of a certified nonpublic school enacts a policy to permit the use of 27
UNOFFICIAL COPY 26 RS BR 232
Page 88 of 89
XXXX 10/23/2025 11:39 AM Jacketed
medicinal cannabis by a pupil who is a registered qualified patient, that policy 1
shall: 2
1. Require medicinal cannabis be administered: 3
a. i. By a sc hool nurse or under the supervision of appropriate 4
school staff; or 5
ii. By the parent or legal guardian of the pupil who is a 6
registered qualified patient; and 7
b. Out of view of other students; and 8
2. Include a process by which a school nurse or other scho ol staff member 9
may refuse to administer or supervise the administration of medicinal 10
cannabis. 11
Section 23. The following KRS sections are repealed: 12
160.1590 Definitions for KRS 160.1590 to 160.1599. 13
160.1591 Legislative findings and declarations -- Public charter school project. 14
160.15911 Kentucky Public Charter School Pilot Project -- Authorizers -- Approval of 15
charter application -- Collective may act as substitute authorizer -- Annual report -- 16
Performance review -- Contract renewal. 17
160.1592 Public charter schools part of state's public education system -- Exemption 18
from laws and regulations -- School requirements -- Enrollment option information 19
for parents -- Board of directors -- Buildings and grounds, liability insurance, and 20
other undertakings -- Requirement to be nonsectarian and nondiscriminatory -- 21
Authorized grade levels -- Programs and services for students with disabilities -- 22
Participation in athletic, academic, and other program s -- Single-sex public charter 23
schools permitted -- Amendments to charter contract -- Acceptance of credits 24
earned and grades received in public charter school -- Leave of absence to teach in 25
public charter school. 26
160.1593 Application to establish public charter school -- Submission to authorizer and 27
UNOFFICIAL COPY 26 RS BR 232
Page 89 of 89
XXXX 10/23/2025 11:39 AM Jacketed
state board -- Required application information. 1
160.1594 Public charter school authorizer -- Duties -- Application reviews and decisions 2
-- Criteria for approval -- Explanation of decision -- Submission to Department of 3
Education -- School board member charter authorization training. 4
160.1595 Request for technical assistance -- Appeal of approval or denial to state board 5
-- Judicial review -- Joint oversight. 6
160.1596 Board of d irectors of public charter schools -- Required elements of charter 7
contract with authorizer -- Calculation of daily average attendance -- Proportional 8
transfer of funds -- Services -- Negotiation by collaborative -- Calculations for first 9
year -- Authorizer fee -- Schedule for funds transfer -- Grants -- Share of state and 10
federal funds -- Distribution of closed school's assets -- Administrative regulations -11
- Annual report by authorizer. 12
160.1597 Term of approved charter school contract -- Contract between board of 13
directors and authorizer's governing body -- Corporate powers -- Prohibition against 14
tax levies and use of eminent domain -- Immunity from liability. 15
160.1598 Renewal or nonrenewal of charter contract -- School performance report -- 16
Reasons for nonrenewal or revocation -- Administrative regulations -- Report of 17
action taken and reason for decision -- School closure protocol. 18
160.1599 Conversion of public noncharter school to public charter school -- 19
Establishment requirements -- Administrative regulations -- Governance -- 20
Enrollment requirements -- Employees -- Collective bargaining -- School 21
facilities. 22
161.141 Participation in retirement systems -- State-sponsored insurance program -- 23
Appropriations for retirement and insurance -- Sick leave credit -- Requirements 24
and prohibitions concerning public charter school employees and local school 25
boards -- Employees of education service provider. 26