AN ACT relating to educators.

UNOFFICIAL COPY 26 RS HB 415/GA
Page 1 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
AN ACT relating to educators. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 161.120 is amended to read as follows: 3
(1) Except as described in KRS 161.795, the Education Professional Standards Board 4
may revoke, suspend, or refuse to issue or renew; impose probationary or 5
supervisory conditions upon; issue a written reprimand or admonishment; or any 6
combination of those actions regarding any certificate issued under KRS 161.010 to 7
161.100, or any certificate or license issued under any previous law to 8
superintendents, principals, teachers, substitute teachers , interns, supervisors, 9
directors of pupil personnel, or other administrative, supervisory, or instructional 10
employees for the following reasons: 11
(a) Being convicted of, or entering an "Alford" plea or plea of nolo contendere to, 12
notwithstanding an order g ranting probation or suspending imposition of any 13
sentence imposed following the conviction or entry of the plea, one (1) of the 14
following: 15
1. A felony; 16
2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525, 17
529, 530, or 531; or 18
3. A misdemeanor involving a student or minor. 19
A certified copy of the conviction or plea shall be conclusive evidence of the 20
conviction or plea; 21
(b) Having sexual contact as defined in KRS 510.010(7) with a student or minor. 22
Conviction in a criminal proceeding shall not be a requirement for 23
disciplinary action; 24
(c) Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral 25
conduct. If the act constitute s a crime, conviction in a criminal proceeding 26
shall not be a condition precedent to disciplinary action; 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 2 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
(d) Demonstrating willful or careless disregard for the health, welfare, or safety 1
of others; 2
(e) Physical or mental incapacity that prevents the cert ificate holder from 3
performing duties with reasonable skill, competence, or safety; 4
(f) Possessing, using, or being under the influence of alcohol, which impairs the 5
performance of duties; 6
(g) Unlawfully possessing or unlawfully using a drug during the per formance of 7
duties; 8
(h) Incompetency or neglect of duty; 9
(i) Making, or causing to be made, any false or misleading statement or 10
concealing a material fact in obtaining issuance or renewal of any certificate; 11
(j) Failing to report as required by subsection (4)[(3)] of this section; 12
(k) Failing to comply with an order of the Education Professional Standards 13
Board; 14
(l) Violating any state statute relating to schools or the teaching profession; 15
(m) Violating the professional code of ethics for Kentucky school certified 16
personnel established by the Education Professional Standards Board through 17
the promulgation of administrative regulation; 18
(n) Violating any administrative regulation promulgated by the Education 19
Professional Standards Board or the Kentucky Board of Education; or 20
(o) Receiving disciplinary action or having the issuance of a certificate denied or 21
restricted by another jurisdiction on grounds that constitute a violation of this 22
subsection. 23
(2) The Education Professional Standards Board shall respond to complaints against a 24
certificate holder by the following process: 25
(a) [1. Except as provided in subparagraph 2. of this paragraph, ] Within thirty 26
(30) calendar days of the receipt of a completed complaint, board staff shall 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 3 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
conduct an initial review to determine whether there is sufficient evidence that 1
a violation may have occurred and shall provide notice of the initial 2
determination to the certificate holder within seven (7) business days that 3
shall include the complete copy of the report and all und erlying relevant 4
documents and records. If the complaint alleges unauthorized electronic 5
communication as defined in KRS 160.145, sexual contact, or other sexual 6
misconduct, the identity of a complainant that is not the superintendent and 7
any identifying i nformation of the minor involved shall not be subject to 8
public disclosure pursuant to the Kentucky Open Records Act, KRS 61.870 9
to 61.884[in the complaint shall remain confidential. 10
2. When a complaint alleges unauthorized electronic communication, as 11
defined in KRS 160.145, sexual contact, or other sexual misconduct, the 12
board staff shall have one hundred twenty (120) days to conduct the 13
initial review required by subparagraph 1. of this paragraph]; 14
(b) Upon receipt of the notice, the certificate holder s hall have thirty (30) 15
calendar days to respond or provide a rebuttal to any complaint that was 16
determined to contain sufficient evidence that a violation may have occurred. 17
The response period shall be extended an additional thirty (30) calendar days 18
upon the certificate holder's written request submitted to the board; 19
(c) Within ten (10) business days of the receipt of the certificate holder's response 20
or the end of the response period established in paragraph (b) of this 21
subsection, board staff shall cond uct another review of the complaint to 22
determine if sufficient evidence exists to support a violation. If the board staff 23
determines that the evidence is: 24
1. Insufficient, then the board staff shall recommend dismissal and shall 25
notify the certificate hold er and the complainant of the recommendation 26
within seven (7) business days of the determination; or 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 4 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
2. Sufficient, then the board staff shall have seven (7) business days to 1
notify the certificate holder and the complainant of the determination. 2
Notice to the complainant shall only state that further proceedings will 3
occur; 4
(d) [Upon a determination that sufficient evidence exists to support a possible 5
violation, within the notice required under paragraph (c)2. of this subsection, 6
board staff shall initiate an in-person or virtual conference with the certificate 7
holder to share information and to determine if an agreed resolution can be 8
recommended to the board concerning the alleged violation. The conference 9
shall be scheduled within thirty (30) calendar d ays of the determination. The 10
certificate holder may decline the conference. If the conference does not occur 11
due to the certificate holder's failure to respond within the thirty (30) calendar 12
days, the required conference shall be considered waived. The c ertificate 13
holder may have an attorney present at the conference; 14
(e) ]Within[Upon the conclusion of the] thirty (30) calendar days of the board 15
staff determination[conference period], the board shall act on the complaint [ 16
within thirty (30) calendar days] . If the board fails to act on the complaint 17
within the thirty (30) calendar days, then the complaint shall be considered 18
dismissed. The board shall consider the entirety of the complaint with any 19
associated response or recommended agreed resolution to determine: 20
1. Dismissal or[,] conditional dismissal upon completion of training;[,] 21
2. Issuance of a written admonishment to the certificate holder if the 22
board determines, based on the evidence, that a violation has occurred 23
that is not of a serious nature. Once the determination has been made, 24
notice shall be provided to the certificate ho lder of the action with a 25
copy of the written admonishment. The certificate holder may respond 26
to the notice in writing within thirty (30) calendar days of receipt and 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 5 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
have the response placed in his or her official certification file. 1
Alternatively, the c ertificate holder may file a request for a hearing 2
with the board within thirty (30) calendar days of receipt of the notice. 3
Upon receipt of a request for a hearing, the board shall set aside the 4
written admonishment and refer the matter for a hearing unde r 5
subsection (3) of this section within thirty (30) calendar days of receipt 6
of the request. If after thirty (30) days of receipt of the notice the 7
certificate holder has not requested a hearing, the written 8
admonishment shall be placed in the official cer tification file of the 9
certificate holder along with any timely written 10
response;[admonishment] 11
3. Referral of the complaint to a hearing because the complaint may 12
warrant possible revocation, suspension, refusal to renew, imposition 13
of probationary or supervisory conditions, issuance of a formal written 14
reprimand, or any combination of these actions regarding any 15
certificate, or further investigation[, or initiation of a hearing]; 16
4.[2.] Approval of the recommended agreed resolution; or 17
5.[3.] A deferral if: 18
a. The content of the complaint is subject to ongoing: 19
i. Criminal investigation or proceedings; 20
ii. Child abuse, dependency, or neglect investigation by an 21
authorized state agency; or 22
iii. Teacher tribunal process as provided in KRS 161.790; or 23
b. The deferral is agreed to by the certificate holder; and 24
(e)[(f)] The board staff shall provide [provision of] a confirmation of receipt [ 25
from the board] to the certificate holder whenever the certificate holder 26
submits a response or correspondence to the board. 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 6 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
(3) The Education Professional Standards Board shall schedule and conduct 1
hearings in accordance with KRS Chapter 13B subject to the following: 2
(a) A hearing shall occur: 3
1. Upon referral under subsection (2)(d) of this section; or 4
2. After the denial o f an application for a certificate, upon written 5
request of appeal by the applicant filed within thirty (30) calendar days 6
of receipt of the letter advising of the denial; 7
(b) If a certificate holder or applicant believes the hearing is not timely 8
following a referral for a hearing under paragraph (a) of this subsection, 9
the certificate holder or applicant may submit a request for an expedited 10
hearing. The expedited hearing shall be conducted within sixty (60) 11
calendar days of the request. If the hearing fa ils to be convened within sixty 12
(60) days of the request and the subject of the hearing is: 13
1. A referral under subsection (2)(d) of this section, the referral shall be 14
dismissed with prejudice; and 15
2. An appeal of denial under paragraph (a)2. of this sub section, the 16
denial shall be reversed; 17
(c) Upon request, a hearing may be public or private at the discretion of the 18
certificate holder or applicant; 19
(d) Until and including June 30, 2027, the hearing shall be conducted before a 20
hearing officer secured pur suant to KRS 13B.030. The hearing shall afford 21
the certificate holder or applicant all the rights secured under KRS Chapter 22
13B; and 23
(e) Beginning July 1, 2027, the hearing shall be conducted before a hearing 24
officer who is a licensed attorney secured by t he board from the Office of 25
the Attorney General under KRS Chapter 13B. The hearing shall afford the 26
certificate holder or applicant all the rights secured under KRS Chapter 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 7 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
13B. 1
(4)[(3) (a)] The superintendent of each local school district shall report in writing to 2
the Education Professional Standards Board the name, address, phone number, 3
Social Security number, and position name of any certificate holder employed in 4
the[certified school employee in the employee's] district whose contract is 5
terminated o r not renewed, for cause except failure to meet local standards for 6
quality of teaching performance prior to the employee gaining tenure; who resigns 7
from, or otherwise leaves, a position under threat of contract termination, or 8
nonrenewal, for cause; who is convicted in a criminal prosecution; or who 9
otherwise may have engaged in any actions or conduct while employed in the 10
school district that might reasonably be expected to warrant consideration for action 11
against the certificate under subsection (1) of this section, including knowledge of 12
a report being filed against a certificate holder pursuant to KRS 620.030. 13
(a) The duty to report shall exist without regard to any disciplinary action, or lack 14
thereof, by the superintendent, and the required report s hall be submitted 15
within thirty (30) calendar days of notification of the event giving rise to the 16
duty to report. 17
(b) The district superintendent shall inform the Education Professional Standards 18
Board in writing of the full facts and circumstances leadin g to the contract 19
termination or nonrenewal, resignation, or other absence, conviction, or 20
otherwise reported actions or conduct of the certified employee, that may 21
warrant action against the certificate under subsection (1) of this section, and 22
shall forw ard copies of all relevant documents and records in his or her 23
possession. 24
(c) The Education Professional Standards Board shall provide the superintendent 25
confirmation of receipt of any report submitted by the superintendent within 26
seven (7) business days and shall provide the superintendent with notice of: 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 8 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
1. Whether or not board staff determine that there is sufficient evidence in 1
the report that a violation may have occurred; and 2
2. Any board action taken against the certificate holder who is the subject 3
of the report. 4
(d) If the Education Professional Standards Board staff determines that a 5
complaint filed by a party other than the employing superintendent against 6
a certificate holder employed in the superintendent's district contains 7
sufficient credible evidence to warrant further investigation, and after the 8
certificate holder has been notified of the complaint, the superintendent 9
shall be provided with confidential notice of: 10
1. The existence and the substance of the complaint and the staff 11
determination of sufficient credible evidence; and 12
2. Any final, public board action taken against the certificate holder who 13
is the subject of the complaint. 14
Notice provided to the superintendent under subparagraph 1. of this 15
paragraph shall be confidential, shall not constitute a fin ding of 16
misconduct, and shall not require or imply the need for employment action 17
by the superintendent. Nothing in this paragraph shall be construed to alter 18
or expand the investigative authority, confidentiality requirements, or 19
disciplinary procedures of the Education Professional Standards Board. 20
(e) The Education Professional Standards Board may consider reports and 21
information received from other sources. 22
(f)[(e)] The certificate holder[certified school employee] shall be given a copy 23
of any report provided to the Education Professional Standards Board by the 24
district superintendent or other sources. The employee shall have the right to 25
file a written rebuttal pursuant to subsection (2) of this section to the repo rt 26
which shall be placed in the official file with the report. 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 9 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
(5)[(4)] A finding or action by a school superintendent or tribunal does not create a 1
presumption of a violation or lack of a violation of subsection (1) of this section. 2
[(5) The board may iss ue a written admonishment to the certificate holder if the board 3
determines, based on the evidence, that a violation has occurred that is not of a 4
serious nature. A copy of the written admonishment shall be placed in the official 5
file of the certificate ho lder. The certificate holder may respond in writing to the 6
admonishment within thirty (30) calendar days of receipt and have that response 7
placed in his or her official certification file. Alternatively, the certificate holder 8
may file a request for a hear ing with the board within thirty (30) calendar days of 9
receipt of the admonishment. Upon receipt of a request for a hearing, the board 10
shall set aside the written admonishment and set the matter for hearing pursuant to 11
the provisions of KRS Chapter 13B within thirty (30) calendar days of receipt of the 12
request. 13
(6) (a) In accordance with the timeline specified in this section, the Education 14
Professional Standards Board shall schedule and conduct a hearing in 15
accordance with KRS Chapter 13B: 16
1. Upon determin ing that a complaint warrants possible revoking, 17
suspending, refusing to renew, imposing probationary or supervisory 18
conditions upon, issuing a written reprimand, or any combination of 19
these actions regarding any certificate; 20
2. After denying an applicatio n for a certificate, upon written request filed 21
within thirty (30) calendar days of receipt of the letter advising of the 22
denial; or 23
3. After issuing a written admonishment, upon written request for a 24
hearing filed within thirty (30) calendar days of recei pt of the written 25
admonishment. 26
(b) If after the hearing required under paragraph (a) of this subsection is 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 10 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
scheduled and the certificate holder or applicant believes the hearing is not 1
timely, the certificate holder or applicant may submit a request for a n 2
expedited hearing, and the hearing shall be conducted within sixty (60) 3
calendar days of the request. 4
(c) Upon request, a hearing may be public or private at the discretion of the 5
certified employee or applicant. 6
(d) The hearing shall be conducted before a hearing officer secured by the board 7
pursuant to KRS 13B.030 and the board may: 8
1. Employ hearing officers; 9
2. Contract with another agency for hearing officers; 10
3. Contract with private attorneys through personal service contracts; or 11
4. Secure a hearing officer from the Attorney General's office. 12
(e) The hearing shall afford the certificate holder all the rights secured under KRS 13
Chapter 13B.] 14
(6)[(7)] The Education Professional Standards Board or its chair may take emergency 15
action pursuant to KRS 13B .125. Emergency action shall not affect a certificate 16
holder's contract or tenure rights in the school district. 17
(7)[(8)] If the Education Professional Standards Board substantiates that sexual 18
contact occurred between a certified employee and a student or minor, the 19
employee's certificate may be revoked or suspended with mandatory treatment of 20
the employee as prescribed by the Education Professional Standards Board. The 21
Education Professional Standards Board may require the employee to pay a 22
specified amou nt for mental health services for the student or minor which are 23
needed as a result of the sexual contact. 24
(8)[(9)] At any time during the investigative or hearing processes, the board may enter 25
into an agreed order or accept an assurance of voluntary comp liance with the 26
certificate holder. 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 11 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
(9)[(10)] The board may reconsider, modify, or reverse its decision on any disciplinary 1
action. 2
(10)[(11)] Suspension of a certificate shall be for a specified period of time, not to 3
exceed two (2) years. 4
(a) At the conc lusion of the specified period, upon demonstration of compliance 5
with any educational requirements and the terms set forth in the agreed order, 6
the certificate shall be reactivated. 7
(b) A suspended certificate is subject to expiration and termination. 8
(11)[(12)] Revocation of a certificate is a permanent forfeiture. The board shall establish 9
the minimum period of time before an applicant can apply for a new certificate. 10
(a) At the conclus ion of the specified period, and upon demonstration of 11
compliance with any educational requirements and the terms set forth in the 12
agreed order, the applicant shall bear the burden of proof to show that he or 13
she is again fit for practice. 14
(b) The board shall have discretion to impose conditions that it deems reasonably 15
appropriate to ensure the applicant's fitness and the protection of public 16
safety. Any conditions imposed by the board shall address or apply to only 17
that time period after the revocation of the certificate. 18
(12)[(13)] An appeal from any final order of the Education Professional Standards Board 19
shall be filed in Franklin Circuit Court or the Circuit Court of the county in which 20
the certificate holder was employed when the incident occurred in accordance with 21
KRS Chapter 13B which provides that all final orders of an agency shall be subject 22
to judicial review. 23
Section 2. KRS 156.095 is amended to read as follows: 24
(1) (a) The Kentucky Department of Education s hall establish, direct, and maintain a 25
statewide program of professional development to improve instruction in the 26
public schools. 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 12 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
(b) By August 1, 2025, the department shall create a four (4) year recurring 1
professional development training schedule that includes all professional 2
development for certified personnel required by subsection (2) of this section 3
and federal law. 4
(c) Each local school district shall implement the professional development 5
training schedule created by the department. 6
(2) All cer tified school district employees and public charter school employees shall 7
complete at least one (1) hour of each of the following trainings within twelve (12) 8
months of initial hire and at least once every four (4) years thereafter: 9
(a) How to respond to an active shooter situation training prepared by the 10
Department of Criminal Justice Training in collaboration with the department, 11
the Kentucky Law Enforcement Council, and the Center for School Safety; 12
(b) Child abuse and neglect prevention, recognition, and reporting training from 13
the list of trainings approved by the department in accordance with subsection 14
(7) of this section; 15
(c) 1. High-quality, evidence-based suicide prevention training, including risk 16
factors, warning signs, protective factors, resp onse procedures, referral, 17
postvention, and the recognition of signs and symptoms of possible 18
mental illness. 19
2. As used in this paragraph, "postvention" means a series of planned 20
supports and interventions with persons affected by a suicide for the 21
purpose of facilitating the grieving or adjustment process, stabilizing the 22
environment, reducing the risk of negative behaviors, and limiting the 23
risk of further suicides through contagion; and 24
(d) Self-study review of seizure disorder materials. 25
(3) (a) Each local school district superintendent shall appoint a certified school 26
employee to fulfill the role and responsibilities of a professional development 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 13 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
coordinator who shall disseminate professional development information to 1
schools and personnel. Upon request by a school council or any employees of 2
the district, the coordinator shall provide technical assistance to the council or 3
the personnel that may include assisting with needs assessments, analyzing 4
school data, planning and evaluation assistance, organ izing districtwide 5
programs requested by school councils or groups of teachers, or other 6
coordination activities. 7
(b) The manner of appointment, qualifications, and other duties of the 8
professional development coordinator shall be established by the local board 9
of education. 10
(c) The local district professional development coordinator may participate in the 11
Kentucky Department of Education annual training program for local school 12
district professional development coordinators. The training program may 13
include but not be limited to the demonstration of various approaches to needs 14
assessment and planning; strategies for implementing long-term, school-based 15
professional development; strategies for strengthening teachers' roles in the 16
planning, development, and e valuation of professional development; and 17
demonstrations of model professional development programs. The training 18
shall include information about teacher learning opportunities relating to the 19
core content standards. The department shall regularly collect and distribute 20
this information. 21
(4) The department shall provide or facilitate optional, professional development 22
programs for certified personnel throughout the Commonwealth that are based on 23
the statewide needs of teachers, administrators, and other ed ucation personnel. 24
Programs may include classified staff and parents when appropriate. Programs 25
offered or facilitated by the department shall be at locations and times convenient to 26
local school personnel and shall be made accessible through the use of te chnology 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 14 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
when appropriate. They shall include programs that: address the goals for Kentucky 1
schools as stated in KRS 158.6451, including reducing the achievement gaps as 2
determined by an equity analysis of the disaggregated student performance data 3
from th e state assessment program developed under KRS 158.6453; engage 4
educators in effective learning processes and foster collegiality and collaboration; 5
and provide support for staff to incorporate newly acquired skills into their work 6
through practicing the s kills, gathering information about the results, and reflecting 7
on their efforts. Professional development programs shall be made available to 8
teachers based on their needs which shall include but not be limited to the following 9
areas: 10
(a) Strategies to red uce the achievement gaps among various groups of students 11
and to provide continuous progress; 12
(b) Curriculum content and methods of instruction for each content area, 13
including differentiated instruction; 14
(c) School-based decision making; 15
(d) Assessment literacy; 16
(e) Integration of performance -based student assessment into daily classroom 17
instruction; 18
(f) Nongraded primary programs; 19
(g) Research-based instructional practices; 20
(h) Instructional uses of technology; 21
(i) Curriculum design to serve the needs of students with diverse learning styles 22
and skills and of students of diverse cultures; 23
(j) Instruction in reading, including phonics, phonemic awareness, 24
comprehension, fluency, and vocabulary; 25
(k) Educational leadership; and 26
(l) Strategies to incorporate character education throughout the curriculum. 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 15 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
(5) The department shall assist school personnel in assessing the impact of professional 1
development on their instructional practices and student learning. 2
(6) (a) Upon the request of a school district or school council, the department shall 3
assist with the development of long -term school and district improvement 4
plans that include multiple strategies for professional development based on 5
the assessment of needs at the school level. 6
(b) Professional development strategies may include but are not limited to 7
participation in subject matter academies, teacher networks, training institutes, 8
workshops, seminars, and study groups; collegial planning; action research; 9
mentoring pr ograms; appropriate university courses; and other forms of 10
professional development. 11
(c) In planning the use of the four (4) days for professional development under 12
KRS 158.070, school councils and districts shall give priority to programs that 13
increase te achers' understanding of curriculum content and methods of 14
instruction appropriate for each content area based on individual school plans. 15
The district may use up to one (1) day to provide district -wide training and 16
training that is mandated by state or fe deral law. Only those employees 17
identified in the mandate or affected by the mandate shall be required to 18
attend the training. 19
(d) State funds allocated for professional development shall be used to support 20
professional development initiatives that are con sistent with local school 21
improvement and professional development plans and teachers' individual 22
growth plans. The funds may be used throughout the year for all staff, 23
including classified and certified staff and parents on school councils or 24
committees. A portion of the funds allocated to each school council under 25
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 26
teaching practices related to the content and subject matter that are required 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 16 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
for their specific classroom assignments. 1
(7) (a) The department shall develop and maintain a list of approved comprehensive 2
evidence-informed trainings on child abuse and neglect prevention, 3
recognition, and reporting that encompass child physical, sexual, and 4
emotional abuse and neglect. 5
(b) The trainings shall be web -based or in -person and cover, at a minimum, the 6
following topics: 7
1. Recognizing child physical, sexual, and emotional abuse and neglect; 8
2. Reporting suspected child abuse and neglect in Kentucky as required by 9
KRS 620.030 and the appropriate documentation; 10
3. Responding to the child; and 11
4. Understanding the response of child protective services. 12
(c) The trainings shall include a questionnaire or other basic assessment tool upon 13
completion to document basic knowledge of training components. 14
(d) Each local board of education shall adopt one (1) or more trainings from the 15
list approved by the department to be implemented by schools. 16
(8) (a) By May 1, 2027, the Kentucky Department of Education, in collaboration 17
with the Education Prof essional Standards Board, shall develop a training 18
for school district employees, to be available via multiple delivery options, 19
related to appropriate relationships and communication with students, 20
inappropriate relationships and communication with studen ts, sexual 21
grooming, and sexual misconduct. Each local school district shall require 22
all current employees to complete the training by June 30, 2027. 23
(b) Beginning with the 2027 -2028 school year, every local school district shall 24
require all new employees to undergo the training described in paragraph 25
(a) of this subsection within ninety (90) days of the employee's initial hiring. 26
Any new employee who has completed the training within the prior five (5) 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 17 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
years with a previous employer shall be exempt from th e requirement under 1
this paragraph. 2
(c) The requirements of this subsection shall apply to public charter schools as 3
a health and safety requirement under KRS 160.1592(1). 4
(9) The department shall establish an electronic consumer bulletin board that posts 5
information regarding professional development providers and programs as a 6
service to school district central office personnel, school councils, teachers, and 7
administrators. Participation on the electronic consumer bulletin board shall be 8
voluntary for pr ofessional development providers or vendors, but shall include all 9
programs sponsored by the department. Participants shall provide the following 10
information: program title; name of provider or vendor; qualifications of the 11
presenters or instructors; objec tives of the program; program length; services 12
provided, including follow -up support; costs for participation and costs of 13
materials; names of previous users of the program, addresses, and telephone 14
numbers; and arrangements required. Posting information o n the bulletin board by 15
the department shall not be viewed as an endorsement of the quality of any specific 16
provider or program. 17
(10)[(9)] The department shall provide voluntary training to address the characteristics 18
and instructional needs of students at risk of school failure and most likely to drop 19
out of school. The training shall be developed to meet the specific needs of all 20
certified and classified personnel depending on their relationship with these 21
students. The training for instructional personne l shall be designed to provide and 22
enhance skills of personnel to: 23
(a) Identify at -risk students early in elementary schools as well as at -risk and 24
potential dropouts in the middle and high schools; 25
(b) Plan specific instructional strategies to teach at-risk students; 26
(c) Improve the academic achievement of students at risk of school failure by 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 18 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
providing individualized and extra instructional support to increase 1
expectations for targeted students; 2
(d) Involve parents as partners in ways to help their children and to improve their 3
children's academic progress; and 4
(e) Significantly reduce the dropout rate of all students. 5
(11)[(10)] The department shall establish teacher academies to the extent funding is 6
available in cooperation with postsecondary education institutions for elementary, 7
middle school, and high school faculty in core disciplines, utilizing facilities and 8
faculty from universities and colleges, local school districts, and other appropriate 9
agencies throughout the state. Priority for participation shall be given to those 10
teachers who are teaching core discipline courses for which they do not have a 11
major or minor or the equivalent. Participation of teachers shall be voluntary. 12
(12)[(11)] The department shall annually provide to the oversight council established in 13
KRS 15A.063, the information received from local schools pursuant to KRS 14
158.449. 15
Section 3. KRS 156.492 is amended to read as follows: 16
(1) The Kentu cky Department of Education may enter into an agreement with any 17
building and construction trade organization to develop a training program for 18
school counselors providing services to students in the Commonwealth. The 19
purpose of the training program shall be to promote building and construction 20
trades and training facilities available to students by making school counselors 21
aware of what is available to students participating in the building and construction 22
trade. The training program shall include information relating to: 23
(a) The pay and benefits available to people who work in the building and 24
construction trades; and 25
(b) Job opportunities, pre -apprenticeships, apprenticeships, and pathways within 26
the building and construction trade industry. 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 19 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
(2) The part icipating trade organization shall ensure ample opportunities for school 1
counselors that serve grades seven (7) through twelve (12) to complete the training 2
created under subsection (1) of this section annually and shall bear all costs 3
associated with the training. The participating trade organization may choose to 4
offer professional development opportunities to teachers who serve students in 5
grades seven (7) through twelve (12), if resources are available for this purpose. 6
(3) The department shall include the training program created in this section on the 7
electronic consumer bulletin board created pursuant to KRS 156.095 [(8)] if 8
requested by the training program. 9
(4) A school counselor serving students in grades seven (7) through twelve (12) may 10
complete four (4) hours of training developed under this section which shall count 11
towards the twenty -one (21) hours required annually pursuant to KRS 12
156.101(4)(b)2. 13
(5) Local boards of education or school -based decision making councils may 14
incorporate this trainin g as part of the four (4) days of professional development 15
required pursuant to KRS 158.070(3)(a) for teachers who serve students in grades 16
seven (7) through twelve (12) if offered by the participating trade organization. 17
Section 4. KRS 160.380 is amended to read as follows: 18
(1) As used in this section: 19
(a) "Administrative finding of child abuse or neglect" means a substantiated 20
finding of child abuse or neglect issued by the Cabinet for Health and Family 21
Services that is: 22
1. Not appealed through an administrative hearing conducted in 23
accordance with KRS Chapter 13B; 24
2. Upheld at an administrative hearing conducted in accordance with KRS 25
Chapter 13B and not appealed to a Circuit Court; or 26
3. Upheld by a Circuit Court in an appeal of the results of an 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 20 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
administrative hearing conducted in accordance with KRS Chapter 13B; 1
(b) "Alternative education program" means a program that exists to meet the 2
needs of students that cannot be addressed in a traditional classroom setting 3
but through the assignment of students to alternative classrooms, centers, or 4
campuses that are designed to remediate academic performance, improve 5
behavior, or provide an enhanced learning experience. Alternative education 6
programs do not include career or technical centers or departments; 7
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 8
Services indicating that there are no administrative findings of child abuse or 9
neglect relating to a specific individual; 10
(d) "Relative" means fat her, mother, brother, sister, husband, wife, son and 11
daughter; and 12
(e) "Vacancy" means any certified position opening created by the resignation, 13
dismissal, nonrenewal of contract, transfer, or death of a certified staff 14
member of a local school district, or a new position created in a local school 15
district for which certification is required. However, if an employer -employee 16
bargained contract contains procedures for filling certified position openings 17
created by the resignation, dismissal, nonrenewal of c ontract, transfer, or 18
death of a certified staff member, or creation of a new position for which 19
certification is required, a vacancy shall not exist, unless certified positions 20
remain open after compliance with those procedures. 21
(2) Except as provided in KRS 160.346, the school district personnel actions identified 22
in this section shall be carried out as follows: 23
(a) All appointments, promotions, and transfers of principals, supervisors, 24
teachers, and other public school employees shall be made only by the 25
superintendent of schools, who shall notify the board of the action taken. All 26
employees of the local district shall have the qualifications prescribed by law 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 21 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
and by the administrative regulations of the Kentucky Board of Education and 1
of the employing bo ard. Supervisors, principals, teachers, and other 2
employees may be appointed by the superintendent for any school year at any 3
time after February 1 preceding the beginning of the school year. No 4
superintendent of schools shall appoint or transfer himself o r herself to 5
another position within the school district; 6
(b) When a vacancy occurs in a local school district, the superintendent shall 7
submit the job posting to the statewide job posting system described in KRS 8
160.152 fifteen (15) days before the position shall be filled. The local school 9
district shall post posit ion openings in the local board office for public 10
viewing; 11
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 12
prevent disruption of necessary instructional or support services of the school 13
district, the superintendent may seek a waiver from the chief state school 14
officer outside of the process established in KRS 156.161. If the waiver is 15
approved, the appointment shall not be made until the person recommended 16
for the position has been approved by the chief state school officer. T he chief 17
state school officer shall respond to a district's request for waiver or for 18
approval of an appointment within two (2) working days; and 19
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 20
search to locate minority te achers to be considered for the position. The 21
superintendent shall, pursuant to administrative regulations of the Kentucky 22
Board of Education, report annually the district's recruitment process and the 23
activities used to increase the percentage of minority teachers in the district. 24
(3) Restrictions on employment of relatives shall be as follows: 25
(a) No relative of a superintendent of schools shall be an employee of the school 26
district. However, this shall not apply to a relative who is a classified or 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 22 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
certified employee of the school district for at least thirty -six (36) months 1
prior to the superintendent assuming office and who is qualified for the 2
position the employee holds. A superintendent's spouse who has previously 3
been employed in a school system may be an employee of the school district. 4
A superintendent's spouse who is employed under this provision shall not hold 5
a position in which the spouse supervises certified or classified employees. A 6
superintendent's spouse may supervise teacher aides and stu dent teachers. 7
However, the superintendent shall not promote a relative who continues 8
employment under an exception of this subsection; 9
(b) No superintendent shall employ a relative of a school board member of the 10
district; 11
(c) No principal's relative shall be employed in the principal's school; and 12
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 13
this subsection may be employed as a substitute for a certified or classified 14
employee if the relative is not: 15
1. A regular full-time or part-time employee of the district; 16
2. Accruing continuing contract status or any other right to continuous 17
employment; 18
3. Receiving fringe benefits other than those provided other substitutes; or 19
4. Receiving preference in employment or assignm ent over other 20
substitutes. 21
(4) No superintendent shall assign a certified or classified staff person to an alternative 22
education program as part of any disciplinary action taken pursuant to KRS 161.011 23
or 161.790 as part of a corrective action plan establ ished pursuant to the local 24
district evaluation plan. 25
(5) No superintendent shall employ in any position in the district any person who: 26
(a) Has been convicted of an offense that would classify a person as a violent 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 23 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
offender under KRS 439.3401; 1
(b) Has bee n convicted of a sex crime as defined by KRS 17.500 or a 2
misdemeanor offense under KRS Chapter 510; 3
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 4
(d) Has an administrative finding of child abuse or neglect in records maintain ed 5
by the Cabinet for Health and Family Services. 6
(6) Requirements for background checks shall be as follows: 7
(a) A superintendent shall require the following individuals to submit to a 8
national and state criminal background check by the Department of Kent ucky 9
State Police and the Federal Bureau of Investigation and have a clear CA/N 10
check, provided by the individual: 11
1. Each new certified or classified hire; 12
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 13
161.185; 14
3. A student teacher; 15
4. A school-based decision making council parent member; and 16
5. Any adult who is permitted access to school grounds on a regularly 17
scheduled and continuing basis pursuant to a written agreement for the 18
purpose of providing services directly to a student or students as part of 19
a school-sponsored program or activity; 20
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 21
a. Classified and certified individuals employed by the school district 22
prior to June 27, 2019; 23
b. Certified individuals who were employed in another certified 24
position in a Kentucky school district within six (6) months of the 25
date of hire and who had previo usly submitted to a national and 26
state criminal background check and who have a clear CA/N check 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 24 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
for the previous employment; or 1
c. Student teachers who have submitted to and provide a copy of a 2
national and state criminal background check by the Departmen t 3
of Kentucky State Police and the Federal Bureau of Investigation 4
through an accredited teacher education institution in which the 5
student teacher is enrolled and who have a clear CA/N check. 6
2. The Education Professional Standards Board may promulgate 7
administrative regulations to impose additional qualifications to meet 8
the requirements of Pub. L. No. 92-544; 9
(c) A parent member may serve prior to the receipt of the criminal history 10
background check and CA/N letter required by paragraph (a) of this 11
subsection but shall be removed from the council on receipt by the school 12
district of a report documenting a record of abuse or neglect, or a sex crime or 13
criminal offense against a victim who is a minor as defined in KRS 17.500, or 14
as a violent offender as def ined in KRS 17.165, and no further procedures 15
shall be required; 16
(d) A superintendent may require a volunteer or a visitor to submit to a national 17
and state criminal history background check by the Department of Kentucky 18
State Police and the Federal Bureau of Investigation and have a clear CA/N 19
check, provided by the individual;[ and] 20
(e) The superintendent of a school district operating under an alternative 21
transportation plan approved by the Kentucky Department of Education in 22
accordance with KRS 156.153(3) shall require the driver of any non -school 23
bus passenger vehicle authorized to tra nsport students to and from school 24
pursuant to the alternative transportation plan who does not have a valid 25
commercial driver's license issued in accordance with KRS Chapter 281A 26
with an "S" endorsement to: 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 25 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
1. Submit to a national and state criminal backg round check by the 1
Department of Kentucky State Police and the Federal Bureau of 2
Investigation at least once every three (3) years and a criminal records 3
check conducted in accordance with KRS 27A.090 in all other years; 4
2. Submit to drug testing consisten t with the requirements of 49 C.F.R. pt. 5
40; 6
3. Provide a biannual driving history record check performed by the 7
Transportation Cabinet; 8
4. Provide an annual clear CA/N check; 9
5. Immediately notify the superintendent of any conviction for a violation 10
under KRS Chapter 189 for which penalty points are assessed; and 11
6. Immediately notify the superintendent of any citation or arrest for a 12
violation of any provision of KRS Chapter 189A. The superintendent 13
shall inform the Kentucky Department of Education of the notification; 14
and 15
(f) Pursuant to the Open Records Act, as set forth in KRS 61.870 to 61.884, a 16
superintendent may submit to each school district that employs or 17
previously employed a certified applicant and the Education Professional 18
Standards Board a re quest for any records concerning disciplinary actions 19
or professional misconduct concerning the applicant prior to extending an 20
offer of employment. 21
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 22
vacancy occurs during a school term, a superintendent may employ an 23
individual, who will have supervisory or disciplinary authority over minors, 24
on probationary status pending receipt of the criminal history background 25
check and a clear CA/N check, provided by the individual. Application for the 26
criminal record and a request for a clear CA/N check of a probationary 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 26 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
employee shall be made no later than the date probationary employment 1
begins. 2
(b) Employment shall be contingent on the receipt of the criminal history 3
background check documenting that the probationary employee has no record 4
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 5
of a letter, provided by the individual, from the Cabinet for Health and Family 6
Services stating the employee is clear to hire based on no administrative 7
findings of child abuse or neglect found through a background check of child 8
abuse and neglect records maintained by the Cabinet for Health and Family 9
Services. 10
(c) Notwithstanding KRS 161.720 to 161.800 or any other sta tute to the contrary, 11
probationary employment under this section shall terminate on receipt by the 12
school district of a criminal history background check documenting a record 13
of a sex crime or as a violent offender as defined in KRS 17.165 and no 14
further procedures shall be required. 15
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 16
employee on the basis of a criminal record other than a record of a sex crime or as a 17
violent offender as defined in KRS 17.165, or on the bas is of a CA/N check 18
showing an administrative finding of child abuse or neglect. 19
(9) (a) All fingerprints requested under this section shall be on an applicant 20
fingerprint card provided by the Department of Kentucky State Police. The 21
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 22
from the Department of Kentucky State Police after a state criminal 23
background check is conducted. The results of the state and federal criminal 24
background check shall be sent to the hiring superintenden t. Any fee charged 25
by the Department of Kentucky State Police, the Federal Bureau of 26
Investigation, and the Cabinet for Health and Family Services shall be an 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 27 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
amount no greater than the actual cost of processing the request and 1
conducting the search. 2
(b) Each application form, provided by the employer to an applicant for a 3
certified or classified position, shall conspicuously state the following: "FOR 4
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 5
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 6
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 7
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 8
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 9
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 10
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 11
FOR HEALTH AND FAMILY SERVICES." 12
(c) Each application form for a district position shall require the applicant to: 13
1. Identify the states in which he or she has maintained residency, 14
including the dates of residency; and 15
2. Provide picture identification. 16
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 17
any certified or classified employee of the school district shall notify the 18
superintendent within ten (10) business days of being [when an employee of the 19
school district i s] charged with any offense which is classified as a felony .[,] The 20
superintendent may transfer the employee to a second position until such time as 21
the employee is found not guilty, the charges are dismissed, the employee is 22
terminated, or the superintend ent determines that further personnel action is not 23
required. The employee shall continue to be paid at the same rate of pay he or she 24
received prior to the transfer. If an employee is charged with an offense outside of 25
the Commonwealth, this provision may also be applied if the charge would have 26
been treated as a felony if committed within the Commonwealth. Transfers shall be 27
UNOFFICIAL COPY 26 RS HB 415/GA
Page 28 of 28
HB041510.100 - 1308 - XXXX 2/25/2026 3:33 PM GA
made to prevent disruption of the educational process and district operations and in 1
the interest of students and staff and shall no t be construed as evidence of 2
misconduct. 3
(11) Notwithstanding any law to the contrary, each certified and classified employee of 4
the school district shall notify the superintendent if he or she has been found by the 5
Cabinet for Health and Family Services to have abused or neglected a child, and if 6
he or she has waived the right to appeal a substantiated finding of child abuse or 7
neglect or if the substantiated incident was upheld upon appeal. Any failure to 8
report this finding shall result in the certified or classified employee being subject 9
to dismissal or termination. 10
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 11
Health and Family Services website. 12