AN ACT relating to education and declaring an emergency.

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AN ACT relating to education and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Curriculum" means the content and plan for instruction, including 6
materials, instructional programs, texts, lesson plans , and assessments 7
needed to help students develop critical skills, knowledge, and meet or 8
exceed proficiency in required academic standards; 9
(b) "Educator preparation program" means a program approved by the 10
Education Professional Standards Board that prep ares individuals for 11
licensure as teachers, school leaders, or other school or district 12
administrators; 13
(c) "Reading intervention" means curriculum, activities, and evidence -based 14
strategies used to accelerate student progress toward proficiency in reading, 15
including but not limited to individual instruction, small groups, 16
multisensory approaches, tutoring, ment oring, and the use of technology 17
that targets specific reading skills and abilities; and 18
(d) "Three-cueing system" means any model of teaching students to read based 19
on meaning, structure and syntax, and visual cues, which may also be 20
known as "MSV." 21
(2) The Kentucky Department of Education shall establish an approved list of 22
reading curriculum and interventions that are scientifically researched and 23
evidence-based that may be used by schools to meet the requirements of 24
subsection (3)(b) of this section and that do not include instructional strategies 25
that employ the three-cueing system of reading. 26
(3) (a) By the 2029 -2030 school year, no public school district shall use any 27
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curriculum, reading intervention, or program of instruction that utilizes the 1
three-cueing system of teaching students to read. 2
(b) Each public school district shall ensure that: 3
1. All curriculum, reading interventions, and programs of instruction 4
utilized to teach students to read are high-quality, fully aligned to state 5
content standar ds, and based on literacy strategies that are 6
scientifically researched with proven results in teaching phonemic 7
awareness, phonics, fluency, vocabulary, and comprehension; 8
2. Beginning with the 2029 -2030 school year, no school in the district is 9
utilizing a three-cueing system of teaching students to read; and 10
3. By June 30, 2029, all interdisciplinary early childhood through grade 11
five (5) educators have completed a science of reading professional 12
learning program approved by the department. 13
(4) Beginning with the 2030 -2031 school year, if the Kentucky Board of Education 14
determines that a public school district has violated subsection (3) of this section, 15
the board shall notify the public school district of the violation. 16
(5) The department, the Education Professional Standards Board, educational 17
cooperatives, special education cooperatives, early childhood regional training 18
centers, and local school districts are prohibited from providing or utilizing any 19
professional development that uses the three -cueing system of teaching students 20
to read. 21
(6) The Education Professional Standards Board shall promulgate administrative 22
regulations in accordance with KRS Chapter 13A to establish criteria for reading 23
curriculum for each state-approved educator preparation program. 24
Section 2. KRS 158.307 is amended to read as follows: 25
(1) As used in this section: 26
(a) "Dyslexia" means a specific learning disability that is neurological in origin. It 27
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is characterized by difficulties with accurate or fluent word recognition and by 1
poor spelling and decoding abilities. These difficulties typically result from a 2
deficit in the phonological component of language that is often unexpected in 3
relation to other cognitive abilities and the provision of effective classroom 4
instruction. Secondary consequences may include problems in reading 5
comprehension and reduced reading experience that can impede the growth of 6
vocabulary and background knowledge; 7
(b) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); and 8
(c) "Phonemic awareness" means the ability to recognize that a spoken word 9
consists of a sequence of individual sounds and the ability to manipulate 10
individual sounds in speaking. 11
(2) [By January 1, 2019, ]The Department of Education shall make available a dyslexia 12
toolkit that includes guidance, technical assistance, and training to assist all local 13
school districts in the implementation of evidence -based practices for instructing 14
students identified with or displaying characteristics of dyslexia. 15
(3) The dyslexia toolkit shall include but not be limited to the following guidance for 16
local districts targeting students in kindergarten through grade three (3) who have 17
been identified with or displaying characteristics of dyslexia: 18
(a) Evidence-based practices designed specifically for students with dyslexia; 19
(b) Characteristics of targeted instruction for dyslexia; 20
(c) Guidance on developing instructional plans for students with dyslexia; 21
(d) Best practices toward meaning-centered reading and writing; 22
(e) Structured multisensory and literacy approaches to teaching language and 23
reading skills; and 24
(f) Suggested professional development activities. 25
(4) The department shall collaborate with the Education Professional Standards Board, 26
Council on Postsecondary Education, and other groups as necessary to improve and 27
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update professional development opportunities for teachers specifically related to 1
dyslexia. Professional development opportunities may focus on: 2
(a) Development and ongoing implementation of training and coaching for 3
teachers; 4
(b) Identifying high-quality trainers to provide support to local districts utilizing a 5
coaching model to develop building level dyslexia experts; 6
(c) Developing awareness traini ng modules for all instructional staff to include 7
information about characteristics of dyslexia; and 8
(d) Evidence-based interventions, structured multisensory and literacy approaches 9
to teach language and reading skills, and accommodations for dyslexia and 10
other specific learning disabilities. 11
(5) Each local board of education shall[may] develop a policy addressing the 12
implementation of a program for the identification of and strategies for assisting 13
students in kindergarten through grade three (3) with dyslexia. 14
(6) The local board policies shall[may] include but not be limited to: 15
(a) The definition and characteristics of dyslexia; 16
(b) A process for identifying students who are displaying characteristics of 17
dyslexia; 18
(c) A process for the utilization of ev aluation tools to accurately identify students 19
who are displaying characteristics of dyslexia. Any qualified dyslexia 20
evaluation tool utilized by a local district shall address but not be limited to 21
the following components: 22
1. Phonological awareness and phonemic awareness; 23
2. Sound symbol recognition; 24
3. Alphabet knowledge; 25
4. Decoding skills; 26
5. Encoding skills; and 27
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6. Rapid naming; 1
(d) A process for how evaluation tools are administered and evaluated by trained 2
district personnel or licensed professionals; 3
(e) A process for outreach to parents of students identified with or displaying the 4
characteristics of dyslexia with information and resource materials and how 5
dyslexia may be addressed in the student's educational setting; 6
(f) Identification of evidenc e-based interventions, structured multisensory and 7
literacy approaches to teach language and reading skills, and accommodations 8
that schools may utilize to provide services to students identified as having 9
dyslexia; and 10
(g) A process for monitoring a stude nt's progress [ after the positive 11
identification], including assessments to ascertain whether the intervention 12
services improve the student's language processing and reading skills. 13
(7) By June 30, 2028, and June 30 of each year thereafter for five (5) years, each local 14
school district [that developed a policy addressing the implementation of a program 15
for the identification of and strategies for assisting students in kindergarten through 16
grade three (3) with dyslexia ] shall provide the department the follo wing data for 17
the current school year: 18
(a) The number of students in kindergarten through grade three (3) that were 19
identified through the approved universal screener and reading diagnostic 20
assessment as defined in KRS 158.305 as displaying characteristics of 21
dyslexia; 22
(b) The number of students in paragraph (a) of this subsection that were identified 23
as needing enrichment programs as defined in KRS 158.305 [through the 24
response-to-intervention process]; 25
(c) [The number of students in kindergarten through gr ade three (3) that were 26
evaluated for dyslexia; 27
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(d) The number of students in kindergarten through grade three (3) that were 1
identified with dyslexia; 2
(e) The dyslexia evaluation tools used to identify students; 3
(f) ]The number of students in kindergarten through grade three (3) that were 4
participating in literacy interventions within the school setting; and 5
(d)[(g)] The process or tools used to evaluate student progress[; and 6
(h) The number of trained district personnel or licensed professionals used to 7
administer the dyslexia evaluation tools. 8
(8) (a) The department shall establish a study project to gather information on early 9
screening and intervention services for children with characteristics of 10
dyslexia. The commissioner of education shall select three (3) school districts 11
to participate in the study project, one (1) of which shall be located in an 12
urban setting, one (1) of which shall be located in a suburban setting, and one 13
(1) of which shall be located in a rural setting. 14
(b) The department shall establish guidelines and procedures for the study 15
project. 16
(c) The study project shall operate for three (3) full school years, beginning with 17
the school year that begins at least three (3) months after July 14, 2018. 18
(d) The goal of the study project shall be to evaluate the effectiveness of early 19
reading assistance programs for children with characteristics of dyslexia. 20
(e) The commissioner may consult with recognized organization s that specialize 21
in structured literacy programs for the treatment of dyslexia in establishing 22
and operating the study project. 23
(f) The department shall submit a final report outlining the findings of the study 24
to the Interim Joint Committee on Education by November 1 after the final 25
academic year of the study project]. 26
Section 3. KRS 164.304 is amended to read as follows: 27
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By the 2027-2028[2019-2020] academic year, postsecondary institutions offering teacher 1
preparation programs for elementary and secondary regular education shall [, subject to 2
available funds,] include instruction on: 3
(1) The definition and characteristics of dyslexia; 4
(2) Processes for identifying dyslexia; 5
(3) Evidence-based interventions and accommodations for dyslexia and other disorders 6
defined in KRS 158.305 and related literacy and learning challenges; and 7
(4) Core elements of a response-to-intervention framework addressing reading, writing, 8
mathematics, and behavior, including; 9
(a) Universal screening; 10
(b) Evidence-based research interventions; 11
(c) Progress monitoring of the effectiveness of interventions on student 12
performance; 13
(d) Data-based decision-making procedures related to: 14
1. Determining intervention effectiveness on student performance; and 15
2. Determining the need to continue, alter, or discontinue interventions or 16
conduct further evaluation of student needs; and 17
(e) Application and implementation of a multitiered system of 18
supports[response-to-intervention] and dyslexia instructional pract ices in the 19
classroom setting. 20
Section 4. KRS 164.306 is amended to read as follows: 21
(1) [Beginning in the 2022 -2023 school year, ] Postsecondary institutions offering 22
teacher preparation programs for interdisciplinary ea rly childhood education or 23
elementary regular education shall include evidence -based reading instructional 24
programming related to reading instruction in the areas of phonemic awareness, 25
phonics, fluency, vocabulary, and comprehension and on: 26
(a) The admini stration of specific assessment processes , [and ] programs, and 27
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interventions used to identify student strengths and needs and that are 1
determined by the Department of Education to be reliable and valid; 2
(b) The use of assessment data for designing instruction and interventions; 3
(c) Progress monitoring of student performance; and 4
(d) Instructional strategies that address students' individual differences. 5
(2) Postsecondary institutions offering teacher preparation programs for 6
interdisciplinary early childhood education or elementary regular education 7
shall: 8
(a) Provide instruction on how to teach reading and language arts using 9
scientifically researched and evidence -based reading instruction and 10
reading intervention programs as defined in Section 1 of this Act; 11
(b) Prohibit instruction on teaching reading and language arts that 12
incorporates a three-cueing system as defined in Section 1 of this Act; and 13
(c) Align to the academic standards established by the Department of 14
Education, and the approved list of reading curriculum and interventions 15
that are utilized by local districts under Section 1 of this Act. 16
(3)[(2)] [By January 1, 2024, ] The Education Professional Standards Board shall 17
develop and maintain a list of approved teacher preparation tests that are 18
determined by the board to be an effective evaluation of reading instruction 19
knowledge and skills. 20
(4)[(3)] [Beginning in the 2024 -2025 school year, ] All new teachers seeking 21
certification in interdisciplinary early childhood education or elementary education 22
shall successfully pass an approved teacher preparation test that include s an 23
evaluation of reading instruction knowledge and skills. 24
(5)[(4)] The Education Professional Standards Board shall report program data to an 25
external evaluator for analysis of postsecondary teacher preparation programs for 26
interdisciplinary early child hood education or elementary regular education for the 27
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goal of increasing the success of new teacher candidates in demonstrating reading 1
instruction knowledge and skills. 2
Section 5. KRS 161.028 is amended to read as follows: 3
(1) The Education Professional Standards Board is recognized to be a public body 4
corporate and politic and an agency and instrumentality of the Commonwealth, in 5
the performance of essential governmental functions. The Education Professional 6
Standards Board has the authority and responsibility to: 7
(a) Establish standards and requirements for obtaining and maintaining a teaching 8
certificate; 9
(b) Set standards for, approve, and evaluate college, university, and school district 10
programs for the preparation of teachers and other professional school 11
personnel. College or university programs may be approved by the board for a 12
college or university with regional institutional level accreditation or national 13
institutional level accreditation that is recognized b y the United States 14
Department of Education and is eligible to receive federal funding under 20 15
U.S.C. secs. 1061 to 1063. Program standards shall reflect national standards 16
and shall address, at a minimum, the following: 17
1. The alignment of programs with the state's core content for assessment 18
as defined in KRS 158.6457; 19
2. Research-based classroom practices, including effective classroom 20
management techniques; 21
3. Emphasis on subject matter competency of teacher education students; 22
4. Methodologies to meet diverse educational needs of all students; 23
5. The consistency and quality of classroom and field experiences, 24
including early practicums and student teaching experiences; 25
6. The amount of college-wide or university-wide involvement and support 26
during the preparation as well as the induction of new teachers; 27
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7. The diversity of faculty; 1
8. The effectiveness of partnerships with local school districts; and 2
9. The performance of graduates on various measures as determined by the 3
board; 4
(c) Include in the stan dards established for programs for the preparation of 5
teachers under paragraph (b) of this subsection the requirement that 6
interdisciplinary early childhood education or elementary regular education 7
programs shall: 8
1. Provide instruction on how to teach re ading and language arts using 9
scientifically researched and evidence -based reading instruction and 10
reading intervention programs as defined in Section 1 of this Act; and 11
2. Not provide instruction on teaching reading and language arts that 12
incorporates a three-cueing system as defined in Section 1 of this Act; 13
(d) Require all interdisciplinary early childhood through grade five (5) 14
educators who receive certification pursuant to KRS 161.048(2) to (6) and 15
(9) to complete within two (2) years of initial emplo yment a science of 16
reading professional learning program approved by the department; 17
(e) Conduct an annual review of diversity in teacher preparation programs; 18
(f)[(d)] Provide assistance to universities and colleges in addressing diversity, 19
which may include researching successful strategies and disseminating the 20
information, encouraging the development of nontraditional avenues of 21
recruitment and providing incentives, w aiving administrative regulations 22
when needed, and other assistance as deemed necessary; 23
(g)[(e)] Discontinue approval of programs that do not meet standards or whose 24
graduates do not perform according to criteria set by the board; 25
(h)[(f)] Issue, renew, r evoke, suspend, or refuse to issue or renew; impose 26
probationary or supervisory conditions upon; issue a written reprimand or 27
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admonishment; or any combination of actions regarding any certificate; 1
(i)[(g)] Develop specific guidelines to follow upon receipt of an allegation of 2
sexual misconduct by an employee certified by the Education Professional 3
Standards Board. The guidelines shall include investigation, inquiry, and 4
hearing procedures which ensure the process does not revictimize the alleged 5
victim or cause harm if an employee is falsely accused; 6
(j)[(h)] Receive, along with investigators hired by the Education Professional 7
Standards Board, training on the dynamics of sexual misconduct of 8
professionals, including the nature of this abuse of authority, characteristics of 9
the offender, the impact on the victim, the possibility and the impact of false 10
accusations, investigative procedures in sex offense cases, and effective 11
intervention with victims and offenders; 12
(k)[(i)] Recommend to the Kentucky Board of Education the essential data 13
elements relating to teacher preparation and certification, teacher supply and 14
demand, teacher attrition, teacher diversity, and employment trends to be 15
included in a state comprehensive data and information system and 16
periodically report data to the appropriate Interim Joint Committee on 17
Education; 18
(l)[(j)] Submit reports to the Governor and the Legislative Research 19
Commission and inform the public on the status of teaching in Kentucky; 20
(m)[(k)] Devise a credentialing system th at provides alternative routes to gaining 21
certification and greater flexibility in staffing local schools while maintaining 22
standards for teacher competence; 23
(n)[(l)] Develop a professional code of ethics; 24
(o)[(m)] Charge reasonable fees for the issuance, reissuance, and renewal of 25
certificates that are established by administrative regulation. The proceeds 26
shall be used to meet a portion of the costs of the issuance, reissuance, and 27
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renewal of certificates, and the costs associated with disciplinary action 1
against a certificate holder under KRS 161.120; 2
(p)[(n)] Waive a requirement that may be established in an administrative 3
regulation promulgated by the board. A request for a waiver shall be 4
submitted to the board, in writing, by an applicant for certific ation, a 5
postsecondary institution, or a superintendent of a local school district, with 6
appropriate justification for the waiver. The board may approve the request if 7
the person or institution seeking the waiver has demonstrated extraordinary 8
circumstances justifying the waiver. Any waiver granted under this subsection 9
shall be subject to revocation if the person or institution falsifies information 10
or subsequently fails to meet the intent of the waiver; 11
(q)[(o)] Promote the development of one (1) or more innovative, nontraditional 12
or alternative administrator or teacher preparation programs through public or 13
private colleges or universities, private contractors, the Department of 14
Education, or the Kentucky Commonwealth Virtual University and waive 15
administrative regulations if needed in order to implement the program; 16
(r)[(p)] Grant approval, if appropriate, of a university's request for an alternative 17
program that enrolls an administrator candidate in a postbaccalaureate 18
administrator preparation program concurrently with employment as an 19
assistant principal, principal, assistant superintendent, or superintendent in a 20
local school district. An administrator candidate in the alternative program 21
shall be granted a temporary provisional certificate and shall be a candidate in 22
the Kentucky Principal Internship Program, notwithstanding provisions of 23
KRS 161.030, or the Superintendent's Assessment process, notwithstanding 24
provisions of KRS 156.111, as appropriate. The temporary certificate shall be 25
valid for a maximum of two (2) years, and shall be contingent upon the 26
candidate's continued enrollment in the preparation program and compliance 27
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with all requirements established by the board. A professional certificate shall 1
be issued upon the candidate's successful completion of the program, 2
internship requirements, and assessments as required by the board; 3
(s)[(q)] Employ consultants as needed; 4
(t)[(r)] Enter into contracts. Disbursements to professional educators who 5
receive less than one thousand dollars ($1,000) in compensation per fiscal 6
year from the board for serving on an assessment validation panel o r as a test 7
scorer or proctor shall not be subject to KRS 45A.690 to 45A.725; 8
(u)[(s)] Sponsor studies, conduct research, conduct conferences, and publish 9
information as appropriate; and 10
(v)[(t)] Issue orders as necessary in any administrative action before the board. 11
(2) (a) The board shall be composed of seventeen (17) members. The secretary of the 12
Education and Labor Cabinet and the president of the Council on 13
Postsecondary Education, or their designees, shall serve as ex officio voting 14
members. The Governor shall make the following fifteen (15) appointments: 15
1. Nine (9) members who shall be teachers representative of elementary, 16
middle or junior high, secondary, special education, and secondary 17
vocational classrooms; 18
2. Two (2) members who shall be schoo l administrators, one (1) of whom 19
shall be a school principal; 20
3. One (1) member representative of local boards of education; and 21
4. Three (3) members representative of postsecondary institutions, two (2) 22
of whom shall be deans of colleges of education at public universities 23
and one (1) of whom shall be the chief academic officer or head of an 24
educator preparation program of an independent not-for-profit college or 25
university. 26
(b) The members appointed by the Governor shall be confirmed by the Senate 27
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under KRS 11.160. If the General Assembly is not in session at the time of the 1
appointment, persons appointed shall serve prior to confirmation, but the 2
Governor shall seek the consent of the Senate at the next regular session or at 3
an intervening extraordinary session if the matter is included in the call of the 4
General Assembly. 5
(c) Each appointed member shall serve a three (3) year term. A vacancy on the 6
board shall be filled in the same manner as the original appointment within 7
sixty (60) days after it occurs . A member shall continue to serve until his or 8
her successor is named. Any member who, through change of employment 9
status or residence, or for other reasons, no longer meets the criteria for the 10
position to which he or she was appointed shall no longer b e eligible to serve 11
in that position. 12
(d) Members of the board shall serve without compensation but shall be permitted 13
to attend board meetings and perform other board business without loss of 14
income or other benefits. 15
(e) A state agency or any political s ubdivision of the state, including a school 16
district, required to hire a substitute for a member of the board who is absent 17
from the member's place of employment while performing board business 18
shall be reimbursed by the board for the actual amount of any costs incurred. 19
(f) A chairman shall be elected by and f rom the membership. A member shall be 20
eligible to serve no more than three (3) one (1) year terms in succession as 21
chairman. Regular meetings shall be held at least semiannually on call of the 22
chairman. 23
(g) The commissioner of education shall serve as exec utive secretary to the board 24
and may designate staff to facilitate his or her duties. 25
(h) To carry out the functions relating to its duties and responsibilities, the board 26
is empowered to receive donations and grants of funds; to appoint consultants 27
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as nee ded; and to sponsor studies, conduct conferences, and publish 1
information. 2
SECTION 6. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 3
READ AS FOLLOWS: 4
A public school district or public charter school shall not enter into a nondisclosure 5
agreement relating to misconduct involving a minor or student, including abusive 6
conduct as defined in Section 7 of this Act. 7
Section 7. KRS 160.380 is amended to read as follows: 8
(1) As used in this section: 9
(a) "Abusive conduct" means sexual misconduct and conduct subject to 10
mandatory reporting under KRS 620.030 that involves a minor or student; 11
(b) "Administrative finding of child abuse or neglect" means a substantiated 12
finding of child abuse or neglec t issued by the Cabinet for Health and Family 13
Services that is: 14
1. Not appealed through an administrative hearing conducted in 15
accordance with KRS Chapter 13B; 16
2. Upheld at an administrative hearing conducted in accordance with KRS 17
Chapter 13B and not appealed to a Circuit Court; or 18
3. Upheld by a Circuit Court in an appeal of the results of an 19
administrative hearing conducted in accordance with KRS Chapter 13B; 20
(c)[(b)] "Alternative education program" means a program that exists to meet 21
the needs of studen ts that cannot be addressed in a traditional classroom 22
setting but through the assignment of students to alternative classrooms, 23
centers, or campuses that are designed to remediate academic performance, 24
improve behavior, or provide an enhanced learning exp erience. Alternative 25
education programs do not include career or technical centers or departments; 26
(d)[(c)] "Clear CA/N check" means a letter from the Cabinet for Health and 27
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Family Services indicating that there are no administrative findings of child 1
abuse or neglect relating to a specific individual; 2
(e)[(d)] "Relative" means father, mother, brother, sister, husband, wife, son , and 3
daughter; and 4
(f)[(e)] "Vacancy" means any certified position opening created by the 5
resignation, dismissal, nonrenewal of co ntract, transfer, or death of a certified 6
staff member of a local school district, or a new position created in a local 7
school district for which certification is required. However, if an employer -8
employee bargained contract contains procedures for filling certified position 9
openings created by the resignation, dismissal, nonrenewal of contract, 10
transfer, or death of a certified staff member, or creation of a new position for 11
which certification is required, a vacancy shall not exist, unless certified 12
positions remain open after compliance with those procedures. 13
(2) Except as provided in KRS 160.346, the school district personnel actions identified 14
in this section shall be carried out as follows: 15
(a) All appointments, promotions, and transfers of principals, supervisors, 16
teachers, and other public school employees shall be made only by the 17
superintendent of schools, who shall notify the board of the action taken. All 18
employees of the local district shall have the qualifications prescribed by law 19
and by the administrative regulations of the Kentucky Board of Education and 20
of the employing board. Supervisors, principals, teachers, and other 21
employees may be appointed by the superintendent for any school year at any 22
time after February 1 preceding the beginning o f the school year. No 23
superintendent of schools shall appoint or transfer himself or herself to 24
another position within the school district; 25
(b) When a vacancy occurs in a local school district, the superintendent shall 26
submit the job posting to the statew ide job posting system described in KRS 27
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160.152 fifteen (15) days before the position shall be filled. The local school 1
district shall post position openings in the local board office for public 2
viewing; 3
(c) When a vacancy needs to be filled in less than f ifteen (15) days' time to 4
prevent disruption of necessary instructional or support services of the school 5
district, the superintendent may seek a waiver from the chief state school 6
officer outside of the process established in KRS 156.161. If the waiver is 7
approved, the appointment shall not be made until the person recommended 8
for the position has been approved by the chief state school officer. The chief 9
state school officer shall respond to a district's request for waiver or for 10
approval of an appointment within two (2) working days; and 11
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 12
search to locate minority teachers to be considered for the position. The 13
superintendent shall, pursuant to administrative regulations of t he Kentucky 14
Board of Education, report annually the district's recruitment process and the 15
activities used to increase the percentage of minority teachers in the district. 16
(3) Restrictions on employment of relatives shall be as follows: 17
(a) No relative of a superintendent of schools shall be an employee of the school 18
district. However, this shall not apply to a relative who is a classified or 19
certified employee of the school district for at least thirty -six (36) months 20
prior to the superintendent assuming o ffice and who is qualified for the 21
position the employee holds. A superintendent's spouse who has previously 22
been employed in a school system may be an employee of the school district. 23
A superintendent's spouse who is employed under this provision shall not hold 24
a position in which the spouse supervises certified or classified employees. A 25
superintendent's spouse may supervise teacher aides and student teachers. 26
However, the superintendent shall not promote a relative who continues 27
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employment under an exception of this subsection; 1
(b) No superintendent shall employ a relative of a school board member of the 2
district; 3
(c) No principal's relative shall be employed in the principal's school; and 4
(d) A relative that is ineligible for employment under paragraph ( a), (b), or (c) of 5
this subsection may be employed as a substitute for a certified or classified 6
employee if the relative is not: 7
1. A regular full-time or part-time employee of the district; 8
2. Accruing continuing contract status or any other right to continuous 9
employment; 10
3. Receiving fringe benefits other than those provided other substitutes; or 11
4. Receiving preference in employment or assignment over other 12
substitutes. 13
(4) No superintendent shall assign a certified or classified staff person to an alternative 14
education program as part of any disciplinary action taken pursuant to KRS 161.011 15
or 161.790 as part of a corrective action plan established pursuant to the local 16
district evaluation plan. 17
(5) No superintendent shall employ in any position in the district any person who: 18
(a) Has been convicted of an offense that would classify a person as a violent 19
offender under KRS 439.3401; 20
(b) Has been convicted of a sex crime as defined by KRS 17.50 0 or a 21
misdemeanor offense under KRS Chapter 510; 22
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 23
(d) Has an administrative finding of child abuse or neglect in records maintained 24
by the Cabinet for Health and Family Services. 25
(6) (a) If requested by a school district regarding an applicant for a position: 26
1. A school district, public school, or nonpublic school that employs or 27
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previously employed the applicant shall disclose any disciplinary 1
action, and any resulting resignation or termination, related to abusive 2
conduct while the applicant was employed by the school or school 3
district; and 4
2. A school district, public school, or nonpublic school located in a 5
member state of the Interstate Teacher Mobility Compact that employs 6
or previously employed the applicant shall disclose any disciplinary 7
action, and any resulting resignation or termination, related to abusive 8
conduct while the applicant was employed by the school or school 9
district. 10
(b) Any school district, public school, nonpublic school, or any school 11
employees making a disclosure pursuant to paragraph (a) of this subsection 12
of any disciplinary action and any resulting resignation or termination shall 13
be immune from any civil or criminal liability that might otherwise be 14
incurred or imposed as a result of: 15
1. Making the disclosure; or 16
2. Participating in any judicial proceeding that may result from making 17
the disclosure. 18
(c) Upon disclosure under paragraph (a) of this subsection of disciplinary 19
action involving abusive con duct by an applicant, the school district 20
considering the applicant for employment shall, if the application is for a 21
certified position, request information from the Education Professional 22
Standards Board related to pending and resolved disciplinary actio n against 23
the applicant involving abusive conduct. 24
(d) Upon request from a school district under paragraph (c) of this subsection, 25
the school district, public school, or nonpublic school of previous or current 26
employment or the Educational Professional Sta ndards Board shall provide 27
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the requested information, if applicable, within ten (10) working days. 1
(e) If there is a finding of abusive conduct regarding an applicant, the 2
applicant shall be: 3
1. Ineligible for hire by the school district; and 4
2. Subject to dismissal or termination if the applicant is hired by the 5
school district or is a current employee of the school district. 6
(f) The Education Professional Standards Board shall create and implement 7
procedures for responding to a school district upon receiv ing an inquiry 8
described in paragraph (d) of this subsection. 9
(7) Requirements for background checks shall be as follows: 10
(a) A superintendent shall require the following individuals to submit to a 11
national and state criminal background check by the Depart ment of Kentucky 12
State Police and the Federal Bureau of Investigation and have a clear CA/N 13
check, provided by the individual: 14
1. Each new certified or classified hire; 15
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 16
161.185; 17
3. A student teacher; 18
4. A school-based decision making council parent member; and 19
5. Any adult who is permitted access to school grounds on a regularly 20
scheduled and continuing basis pursuant to a written agreement for the 21
purpose of providing services direc tly to a student or students as part of 22
a school-sponsored program or activity; 23
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 24
a. Classified and certified individuals employed by the school district 25
prior to June 27, 2019; 26
b. Certified individuals who were employed in another certified 27
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position in a Kentucky school district within six (6) months of the 1
date of hire and who had previously submitted to a national and 2
state criminal background check and who have a clear CA/N check 3
for the previous employment; or 4
c. Student teachers who have submitted to and provide a copy of a 5
national and state criminal background check by the Department 6
of Kentucky State Police and the Federal Bureau of Investigation 7
through an accredited tea cher education institution in which the 8
student teacher is enrolled and who have a clear CA/N check. 9
2. The Education Professional Standards Board may promulgate 10
administrative regulations to impose additional qualifications to meet 11
the requirements of Pub. L. No. 92-544; 12
(c) A parent member may serve prior to the receipt of the criminal history 13
background check and clear CA/N check[letter] required by paragraph (a) of 14
this subsection but shall be removed from the council on receipt by the school 15
district of a report documenting a record of abuse or neglect, or a sex crime or 16
criminal offense against a victim who is a minor as defined in KRS 17.500, or 17
as a violent offender as defined in KRS 17.165, and no further procedures 18
shall be required; 19
(d) A superintendent may require a volunteer or a visitor to submit to a national 20
and state criminal history background check by the Department of Kentucky 21
State Police and the Federal Bureau of Investigation and have a clear CA/N 22
check, provided by the individual; and 23
(e) The superintendent of a school district operating under an alternative 24
transportation plan approved by the Kentucky Department of Education in 25
accordance with KRS 156.153(3) shall require the driver of any non -school 26
bus passenger vehicle authorized to transport students to and from school 27
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pursuant to the alternative transportation plan who does not have a valid 1
commercial driver's license issued in accordance with KRS Chapter 281A 2
with an "S" endorsement to: 3
1. Submit to a national and state criminal b ackground check by the 4
Department of Kentucky State Police and the Federal Bureau of 5
Investigation at least once every three (3) years and a criminal records 6
check conducted in accordance with KRS 27A.090 in all other years; 7
2. Submit to drug testing consi stent with the requirements of 49 C.F.R. pt. 8
40; 9
3. Provide a biannual driving history record check performed by the 10
Transportation Cabinet; 11
4. Provide an annual clear CA/N check; 12
5. Immediately notify the superintendent of any conviction for a violation 13
under KRS Chapter 189 for which penalty points are assessed; and 14
6. Immediately notify the superintendent of any citation or arrest for a 15
violation of any provision of KRS Chapter 189A. The superintendent 16
shall inform the Kentucky Department of Education of the notification. 17
(8)[(7)] (a) If a certified or classified position remains unfilled after July 31 or if a 18
vacancy occurs during a school term, a superintendent may employ an 19
individual, who will have supervisory or disciplinary authority over minors, 20
on probationary status pending receipt of the criminal history background 21
check and a clear CA/N check, provided by the individual. Application for the 22
criminal record and a request for a clear CA/N check of a probationary 23
employee shall be made no later tha n the date probationary employment 24
begins. 25
(b) Employment shall be contingent on the receipt of the criminal history 26
background check documenting that the probationary employee has no record 27
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of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 1
of a letter, provided by the individual, from the Cabinet for Health and Family 2
Services stating the employee is clear to hire based on no administrative 3
findings of child abuse or neglect found through a background check of child 4
abuse and ne glect records maintained by the Cabinet for Health and Family 5
Services. 6
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 7
probationary employment under this section shall terminate on receipt by the 8
school district of a crimi nal history background check documenting a record 9
of a sex crime or as a violent offender as defined in KRS 17.165 and no 10
further procedures shall be required. 11
(9)[(8)] The provisions of KRS 161.790 shall apply to terminate employment of a 12
certified employ ee on the basis of a criminal record other than a record of a sex 13
crime or as a violent offender as defined in KRS 17.165, or on the basis of a CA/N 14
check showing an administrative finding of child abuse or neglect. 15
(10)[(9)] (a) All fingerprints requested under this section shall be on an applicant 16
fingerprint card provided by the Department of Kentucky State Police. The 17
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 18
from the Department of Kentucky State Police after a state cr iminal 19
background check is conducted. The results of the state and federal criminal 20
background check shall be sent to the hiring superintendent. Any fee charged 21
by the Department of Kentucky State Police, the Federal Bureau of 22
Investigation, and the Cabine t for Health and Family Services shall be an 23
amount no greater than the actual cost of processing the request and 24
conducting the search. 25
(b) Each application form, provided by the employer to an applicant for a 26
certified or classified position, shall consp icuously state the following: "FOR 27
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THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 1
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 2
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 3
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 4
HAS NO ADM INISTRATIVE FINDINGS OF CHILD ABUSE OR 5
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 6
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 7
FOR HEALTH AND FAMILY SERVICES." 8
(c) Each application form for a district position shall require the applicant to: 9
1. Identify the states in which he or she has maintained residency, 10
including the dates of residency; and 11
2. Provide picture identification. 12
(11) (a) When an allegation of abusive conduct is made against a school district 13
employee to another school district employee, the school district employee in 14
receipt of the allegation, whether communicated in writing, electronically, 15
or orally, shall report the allegation to the school principal and in 16
accordance with KRS 620.030. The principal shall document the alle gation 17
in writing and notify the superintendent or designee. An investigation of the 18
allegation shall be conducted by the school district until it is completed and 19
shall not end prior to completion due to the employee transferring positions 20
within the school district or leaving the school district, unless directed by the 21
Cabinet for Health and Family Services or law enforcement officials to 22
cease the investigation. 23
(b) Notwithstanding Section 11 of this Act, all records and references relating 24
to an allegat ion of abusive conduct by a school district employee with a 25
student or minor shall be included and remain in an employee's personnel 26
file until completion of an investigation. If, after completion of an 27
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investigation, the allegation is determined to be fal se or unsubstantiated, all 1
records and references relating to the allegation shall be removed from the 2
employee's personnel file. 3
(12)[(10)] Notwithstanding any provision of the Kentucky Revised Statutes to the 4
contrary, any certified or classified employee of the school district shall notify the 5
superintendent within seven (7) calendar days of being [when an employee of the 6
school district is] charged with any offense which is classified as a felony .[,] The 7
superintendent may transfer the employee to a second position until such time as 8
the employee is found not guilty, the charges are dismissed, the employee is 9
terminated, or the superintendent determines that further personnel action is not 10
required. The employee shall co ntinue to be paid at the same rate of pay he or she 11
received prior to the transfer. If an employee is charged with an offense outside of 12
the Commonwealth, this provision may also be applied if the charge would have 13
been treated as a felony if committed wit hin the Commonwealth. Transfers shall be 14
made to prevent disruption of the educational process and district operations and in 15
the interest of students and staff and shall not be construed as evidence of 16
misconduct. 17
(13)[(11)] Notwithstanding any law to the contrary, each certified and classified 18
employee of the school district shall notify the superintendent if he or she has been 19
found by the Cabinet for Health and Family Services to have abused or neglected a 20
child, and if he or she has waived the right to appeal a substantiated finding of child 21
abuse or neglect or if the substantiated incident was upheld upon appeal. Any 22
failure to report this finding shall result in the certified or classified employee being 23
subject to dismissal or termination. 24
(14) The s uperintendent shall annually notify school district employees of the self -25
reporting requirements of subsections (12) and (13) of this section. 26
(15)[(12)] The form for requesting a CA/N check shall be made available on the Cabinet 27
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for Health and Family Services website. 1
(16) Subsections (1) and (5) to (14) of this section shall apply to public charter schools 2
as a health and safety requirement under KRS 160.1592(1). 3
Section 8. KRS 156.160 is amended to read as follows: 4
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 5
Board of Education shall promulgate administrative regulations establishing 6
standards which school districts shall meet in student, program, service, and 7
operational performance. These regulations shall comply with the expected 8
outcomes for students and schools set forth in KRS 158.6451. Administrative 9
regulations shall be promulgated for the following: 10
(a) Courses of study for the different grades and kinds of common schools 11
identifying the common curriculum content directly tied to the goals, 12
outcomes, and assessment strategies developed under KRS 158.645, 13
158.6451, and 158.6453 and distributed to local school districts and schools. 14
The administrative regulations shall provide that: 15
1. If a school offers American sign language, the course shall be accepted 16
as meeting the foreign language requirements in common schools 17
notwithstanding other provisions of law; 18
2. If a school offers the Reserve Officers Training Corps program, the 19
course shall be accepted as meeting the physical education requirement 20
for high school graduation notwithstanding other provisions of law; 21
3. Every public middle and high school's curriculum shall include 22
instruction on the Holocaust and other cases of genoci de, as defined by 23
the United Nations Convention on the Prevention and Punishment of the 24
Crime of Genocide, that a court of competent jurisdiction, whether a 25
court in the United States or the International Court of Justice, has 26
determined to have been commi tted by applying rigorous standards of 27
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due process; and 1
4. Beginning in the 2025 -2026 school year, cursive writing shall be 2
included as a course of study in all elementary schools and shall be 3
designed to ensure proficiency in cursive writing by the end of grade 4
five (5); 5
(b) Courses of study or educational experiences available to students in all middle 6
and high schools to fulfill the prerequisites for courses in advanced science 7
and mathematics as defined in KRS 158.845; 8
(c) The acquisition and use of edu cational equipment for the schools as 9
recommended by the Council for Education Technology; 10
(d) The minimum requirements for high school graduation in light of the 11
expected outcomes for students and schools set forth in KRS 158.6451. The 12
minimum requirement s shall not include achieving any postsecondary 13
readiness indicator as described in KRS 158.6455 or any minimum score on a 14
statewide assessment administered under KRS 158.6453. Student scores from 15
any assessment administered under KRS 158.6453 that are det ermined by the 16
department's technical advisory committee to be valid and reliable at the 17
individual level shall be included on the student transcript. The department's 18
technical advisory committee shall submit its determination to the 19
commissioner of education and the Legislative Research Commission; 20
(e) The requirements for an alternative high school diploma for students with 21
disabilities whose individualized education program indicates that, in 22
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 23
1. The student cannot participate in the regular statewide assessment; and 24
2. An appropriate alternate assessment has been selected for the student 25
based upon a modified curriculum and an individualized course of 26
study; 27
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(f) Taking and keeping a school census, and the forms, blanks, and software to be 1
used in taking and keeping the census and in compiling the required reports. 2
The board shall create a statewide student identification numbering system 3
based on students' Social Security numbers. The system shall provide a 4
student identification number similar to, but distinct from, the Social Security 5
number, for each student who does not have a Social Security number or 6
whose parents or guardians choose not to disclose the Social Security number 7
for the student; 8
(g) Sanitary and protective construction of public school buildings, toilets, 9
physical equipment of school grounds, school buildings, and classrooms. With 10
respect to physical standards of sanitary and protective construction for school 11
buildings, the Kentucky Board of Education shall adopt the Uniform State 12
Building Code; 13
(h) Medical inspection, physical and health education and recreation, and other 14
regulations necessary or advisable for the protection of the physical welfare 15
and safety of the public school children. The administrative regulations shall 16
set requirements for student health standards to be met by all students in 17
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 18
in KRS 158.6451. The administrative regulations shall permit a st udent who 19
received a physical examination no more than six (6) months prior to his or 20
her initial admission to Head Start to substitute that physical examination for 21
the physical examination required by the Kentucky Board of Education of all 22
students upon initial admission to the public schools, if the physical 23
examination given in the Head Start program meets all the requirements of the 24
physical examinations prescribed by the Kentucky Board of Education; 25
(i) A vision examination by an optometrist or ophthalmologist that shall be 26
required by the Kentucky Board of Education. The administrative regulations 27
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shall require evidence that a vision examination that meets the criteria 1
prescribed by the Kentucky Board of Education has been performed. This 2
evidence shall be submitted to the school no later than January 1 of the first 3
year that a three (3), four (4), five (5), or six (6) year -old child is enrolled in a 4
public school, public preschool, or Head Start program; 5
(j) 1. [Beginning with the 2010 -2011 school year, ] A dental screening or 6
examination by a dentist, dental hygienist, physician, registered nurse, 7
advanced practice registered nurse, or physician assistant that shall be 8
required by the Kentucky Board of Ed ucation. The administrative 9
regulations shall require evidence that a dental screening or examination 10
that meets the criteria prescribed by the Kentucky Board of Education 11
has been performed. This evidence shall be submitted to the school no 12
later than Jan uary 1 of the first year that a five (5) or six (6) year -old 13
child is enrolled in a public school. 14
2. A child shall be referred to a licensed dentist if a dental screening or 15
examination performed by anyone other than a licensed dentist identifies 16
the possibility of dental disease; 17
(k) The transportation of children to and from school; 18
(l) The fixing of holidays on which schools may be closed and special days to be 19
observed, and the pay of teachers during absence because of sickness or 20
quarantine or when the schools are closed because of quarantine; 21
(m) The preparation of budgets and salary schedules for the several school 22
districts under the management and control of the Kentucky Board of 23
Education; 24
(n) A uniform series of forms and blanks, educational and financial, including 25
forms of contracts, for use in the several school districts; 26
(o) The disposal of real and personal property owned by local boards of 27
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education; and 1
(p) The development and implementation of procedures, for all students who are 2
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 3
the following: 4
1. Awarding and accepting of credit, including partial credit, for all 5
coursework satisfactorily completed by a student while enrolled at 6
another school; 7
2. Allowing a student who was previously enrolled in a course required for 8
graduation the opportunity, to the extent practicable, to complete the 9
course, at no cost to the student, before the beginning of the next school 10
year; 11
3. Awarding a diploma, at the student's request, by a district from which 12
the student transferred, if the student transfers schools at any time after 13
the completion of the student's second year of high school and the 14
student is ineligible to graduate from the district to which the student 15
transfers, but meets the graduation requirements of the district from 16
which the student transferred; and 17
4. Exempting the student from all coursework and other requirements 18
imposed by the local board of education that are in addition to the 19
minimum requirements for high school graduation established by the 20
Kentucky Board of Education pursuant to paragraph (d) of this 21
subsection in the district to which the student transfers, if the student 22
transfers schools at any time after the completion of the student's second 23
year of high school and the student is ineligible to graduate both from 24
the district to which the student transfers and the district from which the 25
student transferred. 26
(2) Any private, parochial, or church school may voluntarily comply with: 27
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(a) Curriculum, certification, and textbook standards established by the Kentucky 1
Board of Education; and 2
(b) Employment standards established in Section 9 of this Act; 3
and be certified upon application to the board by such schools. 4
(3) Any public school that violates the pr ovisions of KRS 158.854 shall be subject to a 5
penalty to be assessed by the commissioner of education as follows: 6
(a) The first violation shall result in a fine of no less than one (1) week's revenue 7
from the sale of the competitive food; 8
(b) Subsequent vi olations shall result in a fine of no less than one (1) month's 9
revenue from the sale of the competitive food; 10
(c) "Habitual violations," which means five (5) or more violations within a six (6) 11
month period, shall result in a six (6) month ban on competit ive food sales for 12
the violating school; and 13
(d) Revenue collected as a result of the fines in this subsection shall be 14
transferred to the food service fund of the local school district. 15
Section 9. KRS 160.151 is amended to read as follows: 16
(1) For purposes of this section, "certified nonpublic school" means a private, 17
parochial, or church school that has voluntarily been certified by the Kentucky 18
Board of Education in accordance with subsection (2) of Section 8 of this Act. 19
(2)[(1)] (a) 1. A certified nonpublic school shall [private, parochial, or church 20
school that has voluntarily been certified by the Kentucky Board of 21
Education in accordance with KRS 156.160(2) may] require a national 22
and state criminal background check and require a clear CA/N check, as 23
defined in KRS 160.380, on all new certified hires in the school and 24
student teachers assigned to the school and may require a new national 25
and state criminal background check and require a clear CA/N check on 26
each certified teacher once every five (5) years of employment. 27
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2. Certified individuals who were employed in another certified position in 1
a Kentucky school within six (6) months of the date of the hire and who 2
had previously submitted to a national and state criminal background 3
check and were required to have a clear CA/N check for previous 4
employment may be excluded from the ini tial national or state criminal 5
background checks. 6
(b) The national criminal history background check shall be conducted by the 7
Federal Bureau of Investigation. The state criminal history background check 8
shall be conducted by the Department of Kentucky St ate Police or the 9
Administrative Office of the Courts. 10
(c) All fingerprints requested under this section shall be on an applicant 11
fingerprint card provided by the Department of Kentucky State Police. The 12
fingerprint cards shall be forwarded to the Federal Bureau of Investigation by 13
the Department of Kentucky State Police after a state criminal background 14
check has been conducted. Any fee charged by the Department of Kentucky 15
State Police, the Administrative Office of the Courts, or the Federal Bureau of 16
Investigation shall be an amount no greater than the actual cost of processing 17
the request and conducting the search. 18
(3)[(2)] (a) When a certified nonpublic[If a] school requires a criminal background 19
check or requires a clear CA/N check under this section [for a new hire] , the 20
school shall conspicuously include the following disclosure statement on each 21
application or renewal form provided by the employer to an applicant for a 22
certified position: "STATE LAW AUTHORIZES THIS SCHOOL TO 23
REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A 24
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 25
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 26
HAS NO ADMINISTRATIVE FINDINGS OF [IS CLEAR TO HIRE 27
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BASED ON NO FINDINGS OF SUBSTANTIATED] CHILD ABUSE OR 1
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 2
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 3
FOR HEALTH AND FAMILY SERVICES [AS A CONDITION OF 4
EMPLOYMENT FOR THIS TYPE OF POSITION]." 5
(b) The school or school board may require an adult who is permitted access to 6
school grounds on a regularly scheduled and continuing basis pursuant to a 7
written agreement for the purpose of providing services directly to a student 8
or students as part of a school-sponsored program or activity, a volunteer, or a 9
visitor to submit to a national criminal history check by the Federal Bureau of 10
Investigation and state criminal history background check by the Department 11
of Kentucky State Police or Administrative Office of the Courts and require a 12
clear CA/N check. 13
(c) Any request for records from the Department of Kentucky State Police under 14
this section shall be on an applicant fingerprint card provided by the 15
Department of Kentucky State Police if required. The results of the state 16
criminal background check and the results of the national crimina l history 17
background check [, if requested,] shall be sent to the hiring superintendent. 18
When[If] a background check of child abuse and neglect records is requested, 19
the person seeking employment shall provide to the hiring superintendent a 20
clear CA/N check. 21
(d) Any fee charged by the Department of Kentucky State Police shall be an 22
amount no greater than the actual cost of processing the request and 23
conducting the search. 24
(4)[(3)] (a) A certified nonpublic school shall[voluntarily implementing the 25
provisions of this chapter may choose] not[ to] employ any person who is a 26
violent offender as defined by KRS 17.165(2), has been convicted of a sex 27
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crime which is classified as a felony as defined by KRS 17.165(1), or has 1
committed a violent crime as defined in KRS 17.165(3) or persons with a 2
substantiated finding of child abuse or neglect in records maintained by the 3
Cabinet for Health and Family Services. A certified nonpublic school may 4
employ, at its discretion, persons co nvicted of sex crimes classified as a 5
misdemeanor. 6
(b) If a school term has begun and a certified position remains unfilled or if a 7
vacancy occurs during a school term, a certified nonpublic school 8
[implementing this chapter] may employ an individual who w ill have 9
supervisory or disciplinary authority over minors on probationary status 10
pending receipt of a criminal history background check or the receipt of a 11
clear CA/N check, provided by the individual. 12
(c) Employment, including probationary employment, at a certified nonpublic 13
school shall[implementing this chapter may] be contingent on the receipt of a 14
criminal history background check documenting that the employee has no [a] 15
record as a violent offender, of a sex crime, or of a violent crime as defined in 16
KRS 17.165 and[or] the receipt of a clear CA/N check, provided by the 17
individual.[ 18
(d) Nonpublic schools implementing this chapter may terminate probationary 19
employment under this section upon receipt of a criminal history background 20
check documenting a r ecord as a violent offender, of a sex crime, or of a 21
violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.] 22
(5)[(4)] The form for requesting a [clear ]CA/N check shall be made available on the 23
Cabinet for Health and Family Services website. 24
(6) A certified nonpublic school shall not enter into a nondisclosure agreement 25
relating to misconduct involving a minor or student, including abusive conduct as 26
defined in Section 7 of this Act. 27
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Section 10. KRS 156.095 is amended to read as follows: 1
(1) (a) The Kentucky Department of Education shall establish, direct, and maintain a 2
statewide program of professional development to improve instruction in the public 3
schools. 4
(b) By August 1, 2025, the department sh all create a four (4) year recurring 5
professional development training schedule that includes all professional 6
development for certified personnel required by subsection (2) of this section 7
and federal law. 8
(c) Each local school district shall implement t he professional development 9
training schedule created by the department. 10
(2) All certified school district employees and public charter school employees shall 11
complete at least one (1) hour of each of the following trainings within twelve (12) 12
months of initial hire and at least once every four (4) years thereafter: 13
(a) How to respond to an active shooter situation training prepared by the 14
Department of Criminal Justice Training in collaboration with the department, 15
the Kentucky Law Enforcement Council, and the Center for School Safety; 16
(b) Child abuse and neglect prevention, recognition, and reporting training from 17
the list of trainings approved by the department in accordance with subsection 18
(7) of this section; 19
(c) 1. High-quality, evidence -based suicide prevention training, including risk 20
factors, warning signs, protective factors, response procedures, referral, 21
postvention, and the recognition of signs and symptoms of possible mental 22
illness. 23
2. As used in this paragraph, "postvention" means a series o f planned 24
supports and interventions with persons affected by a suicide for the 25
purpose of facilitating the grieving or adjustment process, stabilizing the 26
environment, reducing the risk of negative behaviors, and limiting the 27
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risk of further suicides through contagion; and 1
(d) Self-study review of seizure disorder materials. 2
(3) (a) Each local school district superintendent shall appoint a certified school 3
employee to fulfill the role and responsibilities of a professional development 4
coordinator who shall disseminate professional development information to 5
schools and personnel. Upon request by a school council or any employees of 6
the district, the coordinator shall provide technical assistance to the council or 7
the personnel that may include assisting with needs assessments, analyzing 8
school data, planning and evaluation assistance, organizing districtwide 9
programs requested by school councils or groups of teachers, or other 10
coordination activities. 11
(b) The manner of appointment, qualifications, and other duties of the 12
professional development coordinator shall be established by the l ocal board 13
of education. 14
(c) The local district professional development coordinator may participate in the 15
Kentucky Department of Education annual training program for local school 16
district professional development coordinators. The training program may 17
include but is not[ be] limited to the demonstration of various approaches to 18
needs assessment and planning; strategies for implementing long -term, 19
school-based professional development; strategies for strengthening teachers' 20
roles in the planning, developm ent, and evaluation of professional 21
development; and demonstrations of model professional development 22
programs. The training shall include information about teacher learning 23
opportunities relating to the core content standards. The department shall 24
regularly collect and distribute this information. 25
(4) The department shall provide or facilitate optional, professional development 26
programs for certified personnel throughout the Commonwealth that are based on 27
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the statewide needs of teachers, administrators, an d other education personnel. 1
Programs may include classified staff and parents when appropriate. Programs 2
offered or facilitated by the department shall be at locations and times convenient to 3
local school personnel and shall be made accessible through the use of technology 4
when appropriate. They shall include programs that: address the goals for Kentucky 5
schools as stated in KRS 158.6451, including reducing the achievement gaps as 6
determined by an equity analysis of the disaggregated student performance da ta 7
from the state assessment program developed under KRS 158.6453; engage 8
educators in effective learning processes and foster collegiality and collaboration; 9
and provide support for staff to incorporate newly acquired skills into their work 10
through practicing the skills, gathering information about the results, and reflecting 11
on their efforts. Professional development programs shall be made available to 12
teachers based on their needs which shall include but not be limited to the following 13
areas: 14
(a) Strategies to reduce the achievement gaps among various groups of students 15
and to provide continuous progress; 16
(b) Curriculum content and methods of instruction for each content area, 17
including differentiated instruction; 18
(c) School-based decision making; 19
(d) Assessment literacy; 20
(e) Integration of performance -based student assessment into daily classroom 21
instruction; 22
(f) Nongraded primary programs; 23
(g) Research-based instructional practices; 24
(h) Instructional uses of technology; 25
(i) Curriculum design to serve the needs of students with diverse learning styles 26
and skills and of students of diverse cultures; 27
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(j) Instruction in reading, including phonics, phonemic awareness, 1
comprehension, fluency, and vocabulary; 2
(k) Educational leadership; and 3
(l) Strategies to incorporate character education throughout the curriculum. 4
(5) The department shall assist school personnel in assessing the impact of professional 5
development on their instructional practices and student learning. 6
(6) (a) Upon the request of a school distric t or school council, the department shall 7
assist with the development of long -term school and district improvement 8
plans that include multiple strategies for professional development based on 9
the assessment of needs at the school level. 10
(b) Professional de velopment strategies may include but are not limited to 11
participation in subject matter academies, teacher networks, training institutes, 12
workshops, seminars, and study groups; collegial planning; action research; 13
mentoring programs; appropriate university courses; and other forms of 14
professional development. 15
(c) In planning the use of the four (4) days for professional development under 16
KRS 158.070, school councils and districts shall give priority to programs that 17
increase teachers' understanding of curri culum content and methods of 18
instruction appropriate for each content area based on individual school plans. 19
The district may use up to one (1) day to provide district -wide training and 20
training that is mandated by state or federal law. Only those employee s 21
identified in the mandate or affected by the mandate shall be required to 22
attend the training. 23
(d) State funds allocated for professional development shall be used to support 24
professional development initiatives that are consistent with local school 25
improvement and professional development plans and teachers' individual 26
growth plans. The funds may be used throughout the year for all staff, 27
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including classified and certified staff and parents on school councils or 1
committees. A portion of the funds allocat ed to each school council under 2
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 3
teaching practices related to the content and subject matter that are required 4
for their specific classroom assignments. 5
(7) (a) The department shall develop and maintain a list of approved comprehensive 6
evidence-informed trainings on child abuse and neglect prevention, 7
recognition, and reporting that encompass child physical, sexual, and 8
emotional abuse and neglect. 9
(b) The trainings shall be web -based or in-person and cover, at a minimum, the 10
following topics: 11
1. Recognizing child physical, sexual, and emotional abuse and neglect; 12
2. Reporting suspected child abuse and neglect in Kentucky as required by 13
KRS 620.030 and the appropriate documentation; 14
3. Responding to the child; and 15
4. Understanding the response of child protective services. 16
(c) The trainings shall include a questionnaire or other basic assessment tool upon 17
completion to document basic knowledge of training components. 18
(d) Each local board of education shall adopt one (1) or more trainings from the 19
list approved by the department to be implemented by schools. 20
(8) (a) By May 1, 2027, the Kentucky Department of Education, in collaboration 21
with the Education Professional Standards Board, shall develop a training 22
for school district employees, to be available via multiple delivery opti ons, 23
related to appropriate relationships and communication with students, 24
inappropriate relationships and communication with students, sexual 25
grooming, and sexual misconduct. Each local school district shall require 26
all current employees to complete the training by June 30, 2027. 27
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(b) Beginning with the 2027 -2028 school year, every local school district shall 1
require all new employees to undergo the training described in paragraph 2
(a) of this subsection within ninety (90) days of the employee's initial hiring. 3
Any new employee who has completed the training within the prior five (5) 4
years with a previous employer shall be exempt from the requirement under 5
this paragraph. 6
(c) The requirements of this subsection shall apply to public charter schools as 7
a health and safety requirement under KRS 160.1592(1). 8
(9) The department shall establish an electronic consumer bulletin board that posts 9
information regarding professional development providers and programs as a 10
service to school district central office person nel, school councils, teachers, and 11
administrators. Participation on the electronic consumer bulletin board shall be 12
voluntary for professional development providers or vendors, but shall include all 13
programs sponsored by the department. Participants shall provide the following 14
information: program title; name of provider or vendor; qualifications of the 15
presenters or instructors; objectives of the program; program length; services 16
provided, including follow -up support; costs for participation and costs of 17
materials; names of previous users of the program, addresses, and telephone 18
numbers; and arrangements required. Posting information on the bulletin board by 19
the department shall not be viewed as an endorsement of the quality of any specific 20
provider or program. 21
(10)[(9)] The department shall provide voluntary training to address the characteristics 22
and instructional needs of students at risk of school failure and most likely to drop 23
out of school. The training shall be developed to meet the specific needs o f all 24
certified and classified personnel depending on their relationship with these 25
students. The training for instructional personnel shall be designed to provide and 26
enhance skills of personnel to: 27
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(a) Identify at -risk students early in elementary school s as well as at -risk and 1
potential dropouts in the middle and high schools; 2
(b) Plan specific instructional strategies to teach at-risk students; 3
(c) Improve the academic achievement of students at risk of school failure by 4
providing individualized and ext ra instructional support to increase 5
expectations for targeted students; 6
(d) Involve parents as partners in ways to help their children and to improve their 7
children's academic progress; and 8
(e) Significantly reduce the dropout rate of all students. 9
(11)[(10)] The department shall establish teacher academies to the extent funding is 10
available in cooperation with postsecondary education institutions for elementary, 11
middle school, and high school faculty in core disciplines, utilizing facilities and 12
faculty from universities and colleges, local school districts, and other appropriate 13
agencies throughout the state. Priority for participation shall be given to those 14
teachers who are teaching core discipline courses for which they do not have a 15
major or minor or the equivalent. Participation of teachers shall be voluntary. 16
(12)[(11)] The department shall annually provide to the oversight council established in 17
KRS 15A.063, the information received from local schools pursuant to KRS 18
158.449. 19
Section 11. KRS 161.151 is amended to read as follows: 20
(1) Except as provided in Section 7 of this Act, all records and references relating to an 21
allegation of a criminal offense committed by a school employee that did not lead to 22
formal charges and all records relating to a criminal proceeding in which a school 23
employee was found not guilty or the charges were dismissed shall be removed 24
from the school employee's personnel file by the superintendent or the 25
superintendent's designee in the local school district. 26
(2) The provisions of subsection (1) of this section shall not preclude a school district 27
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from separately investigating, taking action upon, and creating and maintaining 1
records on the same or a s imilar fact situation upon which the allegations of a 2
criminal offense was based. 3
Section 12. KRS 158.4431 is amended to read as follows: 4
(1) As used in this section, a "Kentucky guardian" or "guardian" means an employee of 5
a local board of education who is employed for the purpose of providing school 6
safety and security to students and staff on a school site. A person providing 7
services as a guardian may only include honorably discharged veterans, retired 8
Kentucky state troopers, retired special and sworn law enforcement officers, and 9
former federal law enforcement officers. A guardian certified by the Center for 10
School Safety as having met all requirements of this section is deemed to be an 11
authorized individual under KRS 527.070(3)(f) and may be armed with a firearm on 12
school property. 13
(2) Local boards of education may employ as many guardians as the board considers 14
necessary for the safety and security of its schools. 15
(3) Prior to hiring a guardian, the local board of e ducation shall require the applicant to 16
provide certification from the Center for School Safety that he or she meets all of 17
the following minimum requirements: 18
(a) Is a citizen of the United States and the Commonwealth of Kentucky; 19
(b) Has received a high school diploma or a High School Equivalency Diploma; 20
(c) Is currently licensed under KRS 237.110 to carry a concealed weapon; 21
(d) Has completed and passed background checks as required pursuant to 22
subsection (7)(a) of Section 7 of this Act [KRS 160.380(6)(a)] , and has not 23
been convicted of any felony, any misdemeanor under KRS 510.120, 510.130, 24
510.140, or 510.148, or a criminal attem pt, conspiracy, facilitation, or 25
solicitation to commit any degree of rape, sodomy, sexual abuse, or sexual 26
misconduct under KRS Chapter 510, or have had any offense listed in this 27
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paragraph expunged; 1
(e) Has passed a medical examination completed by a lic ensed physician, 2
physician assistant, or advanced practice registered nurse to determine if he or 3
she can perform the duties of a guardian; 4
(f) Has passed a drug screening test administered or approved by the Kentucky 5
Law Enforcement Council. A person shal l be deemed to have passed a drug 6
screening test if the results of the test are negative for the use of an illegal 7
controlled substance or prescription drug abuse; 8
(g) Has passed the following examinations administered by the Kentucky Law 9
Enforcement Council: 10
1. A background investigation to determine the person's suitability for the 11
position of guardian; 12
2. A psychological suitability screening to determine the person's 13
suitability to perform guardian duties; and 14
3. A polygraph examination to determine the person's suitability to 15
perform guardian duties; 16
(h) Has passed the following courses provided by the Department of Criminal 17
Justice Training: 18
1. Active Shooter Response; 19
2. Enhanced Handgun Performance; and 20
3. Patrol Rifle; 21
(i) Has passed the marksmanshi p qualification requirement for a retired peace 22
officer as specified in KRS 237.140; 23
(j) Has been honorably discharged from the Armed Forces of the United States 24
within the five (5) years immediately preceding an initial contract to be a 25
guardian as eviden ced by a Department of Defense form DD 214, or is a 26
retired Kentucky state trooper, retired special or sworn law enforcement 27
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officer, or former federal law enforcement officer. Each agency that employed 1
a retired Kentucky state trooper, retired special law enforcement officer, or 2
sworn law enforcement officer shall provide to the retired individual proof of 3
prior employment in a prompt and efficient manner, without charge to the 4
individual; and 5
(k) Has met any other requirements imposed by the local board o f education, 6
which may include but are not limited to a preemployment written 7
examination. 8
(4) Each guardian shall be required to complete annual firearm proficiency testing and 9
shall meet the standard in the same manner as set forth in KRS 237.140(4)(a) to (c). 10
(5) Each guardian shall be required to complete the course requirements for School 11
Resource Officer Training I (SRO I) as set forth in KRS 158.4414(8). 12
(6) The employing local board of education may require the completion of any 13
additional courses and training as determined to be necessary by the board. 14
(7) Any cost associated with subsections (3) to (6) of this section shall be the 15
responsibility of the guardian unless otherwise agreed to by the employing local 16
board of education. The Kentucky Law E nforcement Council shall not charge more 17
to guardians for tests, assessments, or training completed than what is customarily 18
charged to any other type of applicant tested, assessed, or trained by the council. 19
(8) A local board of education employing a guar dian shall collaborate with the local 20
police department, local sheriff, area post of the Department of Kentucky State 21
Police, and the state school security marshal in order to adopt school district policy 22
regarding: 23
(a) The job description of the guardian, including but not limited to the scope of 24
duties, responsibilities, and direct supervisor of the guardian; 25
(b) The uniform to be worn by guardians that would best suit the needs of the 26
schools while also allowing outside agencies to easily identify guardians; 27
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(c) The procedures, processes, and chain of command to be used during an 1
emergency in which law enforcement agencies are called to the school; and 2
(d) The type of firearm and ammunition to be used by the guardian, if any. 3
(9) A local board of educatio n shall be immune from civil or criminal liability in all 4
claims arising out of any action of a guardian. 5
(10) Guardians shall possess all the immunities and defenses now available or hereafter 6
made available under state law to sheriffs, constables granted peace officer powers, 7
and police officers in any suit brought against them in consequence of acts done in 8
the course of their employment. 9
(11) Nothing in this section requires a local board of education to hire or provide 10
guardians. Participation by a loc al board of education in the use of a guardian is 11
voluntary and subject to the availability of local school district funds. Any local 12
board of education that opts to participate shall do so at its own expense. 13
Section 13. KRS 156.492 is amended to read as follows: 14
(1) The Kentucky Department of Education may enter into an agreement with any 15
building and construction trade organization to develop a training program for 16
school counselors providing services to students in the Commonwealth. The 17
purpose of the training progr am shall be to promote building and construction 18
trades and training facilities available to students by making school counselors 19
aware of what is available to students participating in the building and construction 20
trade. The training program shall include information relating to: 21
(a) The pay and benefits available to people who work in the building and 22
construction trades; and 23
(b) Job opportunities, pre -apprenticeships, apprenticeships, and pathways within 24
the building and construction trade industry. 25
(2) The participating trade organization shall ensure ample opportunities for school 26
counselors that serve grades seven (7) through twelve (12) to complete the training 27
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created under subsection (1) of this section annually and shall bear all costs 1
associated with the training. The participating trade organization may choose to 2
offer professional development opportunities to teachers who serve students in 3
grades seven (7) through twelve (12), if resources are available for this purpose. 4
(3) The department shall include the training program created in this section on the 5
electronic consumer bulletin board created pursuant to KRS 156.095 [(8)] if 6
requested by the training program. 7
(4) A school counselor serving students in grades seven (7) through twelve (12) may 8
complete four (4) hours of training developed under this section which shall count 9
towards the twenty -one (21) hours required annually pursuant to KRS 10
156.101(4)(b)2. 11
(5) Local boards of education or school -based decision making councils may 12
incorporate thi s training as part of the four (4) days of professional development 13
required pursuant to KRS 158.070(3)(a) for teachers who serve students in grades 14
seven (7) through twelve (12) if offered by the participating trade organization. 15
Section 14. KRS 158.200 is amended to read as follows: 16
(1) The boards of education of local school districts may provide an opportunity for 17
pupils to attend moral instruction in their jurisdiction, in the manner provided in this 18
section. 19
(2) (a) Local boards of education shall allow pupils to be excused for up to one (1) 20
hour on no more than one (1) day each week, which shall include time 21
attributed to travel to and from, to attend a district -approved request for a 22
moral instruction offering upon receiving the consent of the pupil's parent or 23
guardian. 24
(b) Moral instruction provided under this section shall not take place on school 25
property. 26
(c) Pupil participation in moral instruction shall be voluntary and free from 27
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coercion by school personnel. 1
(d) Moral instruction shall be given without expense to any local board of 2
education above de minimis administrative expenses incurred in carrying out 3
this section. 4
(3) An individual, organization, entity, or any combination thereof seeking to provide a 5
moral instruction offering for pupils shall submit a written, signed request to the 6
local board of education of a school district regarding the proposed moral 7
instruction offering. The request shall include: 8
(a) Contact information for the primary individua l who will be providing the 9
moral instruction, as well as all other individuals who may be transporting 10
pupils or providing moral instruction to students through the offering; 11
(b) A statement acknowledging and agreeing to be bound by the requirements 12
placed upon moral instruction offerings under this section; 13
(c) The address or a description of the location where the moral instruction will 14
be provided; 15
(d) A transportation plan to ensure the safety of pupils while traveling to and 16
from moral instruction within the allotted time period; 17
(e) A statement acknowledging and agreeing to inform the parent or guardian of a 18
participating pupil that the school district and its employees and agents shall 19
not incur any liability as a result of any injury sustained by the pupil related to 20
participation in the moral instruction offering; 21
(f) A statement acknowledging and agreeing to indemnify and hold harmless the 22
school district and its employees and agents against any claims relating to the 23
moral instruction offering or transportation to or from the offering; and 24
(g) Proof of insurance coverage to be carried by the provider that shall include 25
adequate insurance for liability, property loss, and personal injury of students 26
related to the moral instruction offering or trans portation to or from the 27
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offering. 1
(4) (a) Upon receipt of a request under subsection (3) of this section, the local board 2
of education may make arrangements with the person seeking to provide the 3
moral instruction offering as the local board deems necessary. 4
(b) Upon approval by the local board of a request under this section, the 5
superintendent of the school district shall require each individual identified in 6
the request to submit to a national and state criminal history background 7
check by the Departmen t of Kentucky State Police and the Federal Bureau of 8
Investigation and have a clear CA/N check, provided by the individual, 9
consistent with the provisions of KRS 160.380 (7)[(6)]. The individuals, or the 10
organization or entity through which the moral instru ction offering will be 11
provided, shall be responsible for all costs associated with obtaining the 12
criminal history and CA/N checks under this paragraph. 13
(c) As a condition of the agreement between the local board and a provider, the 14
local board shall requi re that any individual identified in the request under 15
subsection (3) of this section be barred from providing transportation or 16
participating in moral instruction offerings under this section upon receipt by 17
the school district of a report documenting a record of: 18
1. Child abuse or neglect; 19
2. A sex crime or criminal offense against a victim who is a minor, as 20
defined in KRS 17.500; or 21
3. A violent crime as defined in KRS 17.165; 22
by the individual. The prohibition shall continue until the local board receives 23
an updated record for that individual that does not contain a disqualifying 24
item. 25
(5) A pupil who attends a moral instruction offering at the time specified and for the 26
period fixed shall be: 27
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(a) Credited with the time of attendance as if he or she had been in actual 1
attendance in school, and the time shall be included as part of the actual 2
school work required in KRS 158.060. A pupil shall not be penalized for any 3
school work missed during the specified time; and 4
(b) Included in calculating the average daily attendance for the Support Education 5
Excellence in Kentucky program as if the pupil was in actual attendance in 6
school. 7
(6) A pupil who does not participate in a moral inst ruction offering shall remain in 8
school during the time when the instruction is being given, and shall take noncredit 9
enrichment courses or participate in educational activities not required in the 10
regular curriculum, and that time shall be included as par t of the actual school work 11
required in KRS 158.060. Students of different grade levels may be placed into 12
combined classrooms in accordance with maximum class size allotments as 13
described in KRS 157.360. These courses or activities shall be supervised by 14
certified school personnel and may include but are not limited to study hall, 15
computer instruction, music, art, library, physical education, and tutorial assistance. 16
(7) A school district shall not discriminate against a pupil for his or her participation or 17
nonparticipation in a moral instruction offering. 18
(8) (a) Each local board of education shall submit the following information 19
quarterly to the Kentucky Department of Education: 20
1. The name of each applicant that submitted a request to provide a moral 21
instruction offering; 22
2. The date of the application; 23
3. The local board's approval or denial of the application; and 24
4. If the request was denied, the reason for the denial. 25
(b) The Kentucky Department of Education shall compile the quarterly reports 26
required by this subsection and submit a combined report to the Legislative 27
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Research Commission no later than December 1 of each year for referral to 1
the appropriate Interim Joint Committee on Education. 2
Section 15. Whereas s tudents deserve every opportunity to learn and have 3
teachers and administrators who are focused on their best interests, an emergency is 4
declared to exist, and this Act takes effect upon its passage and approval by the Governor 5
or upon its otherwise becoming a law. 6