AN ACT relating to discrimination in educational settings and declaring an emergency.

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AN ACT relating to discrimination in educational settings and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 4
READ AS FOLLOWS: 5
As used in Sections 1 to 3 of this Act: 6
(1) "Binding contract" includes any grant, endowment, settlement agreement, 7
commercial contract, or other legally enforceable agreement entered into by or on 8
behalf of the department or a school district, public school, or cooperative board; 9
(2) "Cooperative board" means an interlocal cooperative board created by an 10
interlocal cooperative agreement entered int o by one (1) or more school districts 11
in accordance with KRS 65.210 to 65.300 and 160.290, including but not limited 12
to special education cooperatives and regional education cooperatives; 13
(3) "Department" means the Kentucky Department of Education; 14
(4) "Differential treatment or benefits" means differential, preferential, or 15
prejudicial treatment or consideration and includes the conferring or withholding 16
of a benefit; 17
(5) "Discriminatory concept" means a concept that justifies or promotes differential 18
treatment or benefits conferred to individuals on the basis of religion, race, sex, 19
color, or national origin, unless the differential treatment or benefit is excluded 20
from a diversity, equity, a nd inclusion initiative under subsection (6) of this 21
section; 22
(6) "Diversity, equity, and inclusion initiative": 23
(a) Means a policy, practice, or procedure designed or implemented to promote 24
or provide differential treatment or benefits to individuals on the basis of 25
religion, race, sex, color, or national origin, including but not limited to any 26
such policy, practice, or procedure related to employment, employee 27
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recruitment, employee hiring, employee promotion, contracts, contract 1
renewal, student enrollment, and student services; and 2
(b) Does not include a policy, practice, procedure, office, employee, training, 3
program, or activity that is expressly required pursuant to an applicable 4
state law or federal mandate; 5
(7) "Diversity, equity, and inclusion off ice" means an office, division, or other unit 6
of the department or a school district, public school, or cooperative board that 7
that is: 8
(a) Responsible for developing, implementing, or promoting a discriminatory 9
concept, a diversity, equity, and inclusion training, or a diversity, equity, 10
and inclusion initiative, regardless of whether the office is designated as a 11
diversity, equity, and inclusion office; and 12
(b) Not expressly required pursuant to an applicable state law or federal 13
mandate; 14
(8) "Diversity, equity, and inclusion officer" means an employee, contractor, or 15
volunteer: 16
(a) Whose responsibilities include developing, implementing, or promoting a 17
discriminatory concept, a diversity, equity, and inclusion training, or a 18
diversity, equity, and inclusi on initiative, regardless of whether the position 19
is designated as a diversity, equity, and inclusion position or affiliated with 20
a diversity, equity, and inclusion office; and 21
(b) Who serves in a role that is not expressly required pursuant to an applicab le 22
state law or federal mandate; 23
(9) "Diversity, equity, and inclusion training" means a training, conference, 24
presentation, meeting, or professional development that: 25
(a) Contains, implements, or promotes a discriminatory concept; and 26
(b) Is not expressly required pursuant to applicable federal or state law, a court 27
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order, or a binding contract entered into prior to the effective date of this 1
Act; 2
(10) "Federal mandate" means a policy, program, training, activity, or procedure that 3
is: 4
(a) Designed or impl emented to promote or justify discriminatory concepts or 5
promote or provide differential treatment or benefits to individuals on the 6
basis of religion, race, sex, color, or national origin; and 7
(b) Required pursuant to a court order, a binding contract ent ered into prior to 8
the effective date of this Act, or any applicable federal law, including but 9
not limited to: 10
1. The Every Student Succeeds Act of 2015, Pub. L. No. 114-95; 11
2. Title IX of the Education Amendments Act of 1972, 20 U.S.C. sec. 12
1681 et seq., as amended; 13
3. The Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et 14
seq., as amended; 15
4. The Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et 16
seq., as amended; 17
5. The Age Discrimination in Employment Act of 1967, 29 U.S .C. sec. 18
621 et seq., as amended; and 19
6. The federal Civil Rights Act of 1964, Pub. L. No. 88-352, as amended; 20
(11) "Public school" means a public school or public charter school of the 21
Commonwealth and includes all programs, departments, and offices of a public 22
school and any individual acting in an official capacity on behalf of a public 23
school; 24
(12) Qualified individual" means any of the following: 25
(a) A student enrolled in a public school; 26
(b) A parent or gua rdian of a student under the age of eighteen (18) who is 27
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enrolled in a public school; 1
(c) An individual who is employed by the department or a school district, public 2
school, or cooperative board; 3
(d) A candidate or applicant for employment with the depart ment or a school 4
district, public school, or cooperative board; and 5
(e) Any entity denied a contract, transaction, or other financial opportunity 6
with the department or a school district, public school, or cooperative board 7
based upon the religion, race, s ex, color, or national origin of the 8
ownership, management, or staff of the entity; 9
(13) "Resource" means: 10
(a) Moneys appropriated by the General Assembly; 11
(b) Moneys or items of value derived from bequests, charges, deposits, 12
donations, endowments, fees, grants, gifts, income, receipts, tuition, or any 13
other source; 14
(c) Materials and other physical resources; 15
(d) Digital resources, including an official website, digital application, or social 16
media page of an institution; or 17
(e) Certified and classified e mployees, volunteers, and other human resources; 18
and 19
(14) "School district" means a public school district of the Commonwealth, and 20
includes all programs, departments, cooperative boards, and offices of a school 21
district and any individual acting in an off icial capacity on behalf of a school 22
district. 23
SECTION 2. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) The department or a school district, public school, or cooperative board shall not 26
do any of the following: 27
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(a) Provide any differential treatment or benefits to an individual, including an 1
applicant for employment, promotion, or contract renewal, on the basis of 2
the individual's religion, race, sex, color, or national origin; 3
(b) Prioritize or pro vide preferential consideration for vendors, contracts, or 4
other transactions based upon the religion, race, sex, color, or national 5
origin of the ownership, management, or staff of any business or nonprofit 6
entity, except that the institution may provide preferential consideration for 7
businesses owned by residents of Kentucky and the United States; 8
(c) Expend or utilize any resources to: 9
1. Establish or maintain a diversity, equity, and inclusion office; 10
2. Contract for or employ an individual to serve as a diversity, equity, 11
and inclusion officer; 12
3. Provide diversity, equity, and inclusion training or contribute to any 13
cost associated with planning, promoting, hosting, traveling to, 14
attending, presenting, or otherwise participating in diversity, equity, 15
and inclusion training; 16
4. Establish or maintain diversity, equity, and inclusion initiatives; 17
5. Promote or justify discriminatory concepts; or 18
6. Purchase, promote, or distribute any content or materials that promote 19
or justify discriminatory concepts or diversity, equity, and inclusion 20
initiatives; 21
(d) On an application for employment, promotion, contract renewal, or other 22
employment benefit, solicit any pledge or statement on the applicant's 23
experience with or views on religion, race, sex, color, or national origin; 24
(e) Require or incentivize an individual to attend diversity, equity, and 25
inclusion training or provide any differential treatment or benefits to an 26
individual based on the individual's participation in diversity, equity, and 27
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inclusion training; 1
(f) Disseminate or profit from any research, work product, or material that 2
promotes or justifies discriminatory concepts or diversity, equity, and 3
inclusion initiatives; or 4
(g) Implement student disciplinary policies that consider religion, race, s ex, 5
color, or national origin or otherwise establish student disciplinary caps or 6
quotas on the basis of religion, race, sex, color, or national origin. 7
(2) Compliance with a federal mandate shall be narrowly tailored to the express, 8
enforceable provisions thereof. 9
(3) Notwithstanding subsection (1) of this section, nothing in this section shall be 10
construed to apply to or affect any of the following: 11
(a) Instruction on the historical oppression of a particular group of people; 12
(b) Academic research or creative works of students; 13
(c) Religious freedom of students and school employees; 14
(d) The conduct, speech, and freedom of association of students and student-led 15
organizations; 16
(e) Mental or p hysical health services provided by licensed or certified 17
professionals; 18
(f) The ability of a school district to establish or maintain a single-sex school; 19
(g) Bona fide occupational qualifications and accommodations based on sex 20
that are reasonably necessary to the normal operation of a school district or 21
public school and do not constitute diversity, equity, and inclusion 22
initiatives; or 23
(h) The ability of a school district or public school to comply with a federal 24
mandate, provided that the compliance i s narrowly tailored to the express, 25
enforceable provisions of that federal mandate. 26
SECTION 3. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 27
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READ AS FOLLOWS: 1
(1) The Attorney General may bring a civil action for a writ of mandamus to compel 2
the department or a school district, public charter school, or cooperative board to 3
comply with Section 2 of this Act and subsection (3) of this section. 4
(2) (a) Notwithstanding any provision of law to the contrary, a qualified indi vidual 5
may bring a civil action for injunctive relief from a violation of Section 2 of 6
this Act or subsection (3) of this section. 7
(b) Sovereign, governmental, and qualified immunity are waived for the limited 8
purpose of bringing a claim filed under this s ubsection and arising from a 9
violation of Section 2 of this Act or subsection (3) of this section. 10
(c) A qualified individual may recover reasonable and actual attorney's fees 11
and litigation costs upon proving, by clear and convincing evidence, that a 12
defendant intentionally and willfully violated Section 2 of this Act or 13
subsection (3) of this section. 14
(d) The remedies identified in this subsection shall be in addition to and not in 15
lieu of any other remedies available at law or equity. 16
(3) An employee o r agent of the department or a school district, public charter 17
school, or cooperative board shall not use, or threaten the use of, any official 18
authority or influence to discourage, interfere with, or otherwise retaliate against 19
any individual who in good faith files, supports, aids, or otherwise participates in 20
a civil action filed in accordance with subsection (2) of this section. 21
Section 4. KRS 158.4416 is amended to read as follows: 22
(1) For purposes of this section: 23
(a) "Direct services" means in -person or virtual services provided directly to a 24
student by a school counselor, including but not limited to individual 25
counseling, group counseling, and individual student planning, scheduling, 26
and registration; 27
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(b) "Indirect services" means services provided on behalf of a student as a result 1
of interactions with others, including but not limited to consultation and 2
collaboration with parents, teachers, and other educators; 3
(c) "School counselor" means an individual who hold s a valid school counselor 4
certificate issued in accordance with the administrative regulations of the 5
Education Professional Standards Board; 6
(d) "School psychologist" means an individual who holds a valid school 7
psychology certificate issued in accordanc e with the administrative 8
regulations of the Education Professional Standards Board; 9
(e) "School social worker" means an individual who holds a valid school social 10
work certificate issued in accordance with the administrative regulations of 11
the Education Professional Standards Board; 12
(f) "School-based mental health services provider" means a certified school 13
counselor, school psychologist, school social worker, or other qualified 14
mental health professional as defined in KRS 202A.011; 15
(g) "Trauma" means physical, emotional, or life-threatening harm; and 16
(h) "Trauma-informed approach" means incorporating principles of trauma 17
awareness and trauma-informed practices in a school in order to foster a safe, 18
stable, and understanding learning environment for all students and staff and 19
ensuring that all students are known well by at least one (1) adult in the school 20
setting. 21
(2) The General Assembly recognizes that all schools must provide a place for students 22
to feel safe and supported to learn throughout the school day, and that any trauma a 23
student may have experie nced can have a significant impact on the ability of a 24
student to learn. The General Assembly directs all public schools to adopt a trauma-25
informed approach to education in order to better recognize, understand, and 26
address the learning needs of students i mpacted by trauma and to foster a learning 27
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environment where all students, including those who have been traumatized, can be 1
safe, successful, and known well by at least one (1) adult in the school setting. The 2
requirements of this subsection shall apply t o public charter schools as a health and 3
safety requirement under KRS 160.1592(1). 4
(3) (a) As funds and qualified personnel become available: 5
1. Each school district and each public charter school shall employ at least 6
one (1) school counselor in each scho ol with the goal of the school 7
counselor spending at least sixty percent (60%) or more of his or her 8
time providing direct services to students and no more than forty percent 9
(40%) of his or her time providing indirect services to students; and 10
2. It shall be the goal that each school district and each public charter 11
school shall provide at least one (1) school counselor or school -based 12
mental health services provider who is employed by the school district 13
for every two hundred fifty (250) students, includi ng but not limited to 14
the school counselor required in subparagraph 1. of this paragraph. 15
(b) A school counselor or school -based mental health services provider at each 16
school shall be the facilitator of a trauma -informed team to identify and assist 17
students whose learning, behavior, and relationships have been impacted by 18
trauma. The trauma -informed team may consist of school administrators, 19
school counselors, school psychologists, school social workers, school -based 20
mental health services providers, commu nity-based mental health services 21
providers hired by the district, family resource and youth services 22
coordinators, school nurses, school resource officers, and any other school or 23
district personnel. 24
(c) The trauma-informed team shall: 25
1. Provide assistan ce to school personnel to enable them to support 26
students whose learning, behavior, and relationships have been impacted 27
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by trauma; 1
2. Identify ways to recognize and respond to mental health issues in all 2
students; and 3
3. Identify ways to build resiliency and wellness in all students. 4
(d) Each school counselor or school -based mental health services provider 5
providing services pursuant to this section, and the trauma -informed team 6
members described in paragraph (b) of this subsection, shall provide training, 7
guidance, and assistance to other administrators, teachers, and staff on: 8
1. Recognizing symptoms of trauma in students; 9
2. Utilizing interventions and strategies to support the learning needs of 10
those students; and 11
3. Implementing the plan for a trauma -informed approach as described in 12
subsection (5) of this section. 13
(e) 1. School districts may employ or contract for the services of school -based 14
mental health services providers to assist with the development and 15
implementation of a trauma -informed approach and the development of 16
a trauma-informed team pursuant to this subsection and to enhance or 17
expand student mental health support services as funds and qualified 18
personnel become available. 19
2. School-based mental health services providers may provide serv ices 20
through a collaboration between two (2) or more school districts or 21
between school districts and educational cooperatives or any other 22
public or private entities, including but not limited to local or regional 23
mental health day treatment programs. 24
(f) No later than November 1 of each year, the local school district 25
superintendent shall report to the department the number of school -based 26
mental health service providers, the position held, placement in the district, 27
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certification or licensure held, the s ource of funding for each position, a 1
summary of the job duties and work undertaken by each school -based mental 2
health service provider, and the approximate percent of time devoted to each 3
duty over the course of the year. 4
(g) The department shall annually compile and maintain a list of school -based 5
mental health service providers by district which shall include the information 6
required in paragraph (f) of this subsection. 7
(h) No later than June 1 of each year, the department shall provide the Legislative 8
Research Commission for referral to the appropriate interim joint 9
committee [Interim Joint Committee on Education with] the information 10
reported by local school district superintendents and compiled in accordance 11
with paragraph (g) of this subsection. 12
(4) The department shall make available a toolkit that includes guidance, strategies, 13
behavioral interventions, practices, and techniques to assist school districts and 14
public charter schools in developing a trauma-informed approach in schools. 15
(5) Each local board of education and board of a public charter school shall develop a 16
plan for implementing a trauma -informed approach in its schools. The plan shall 17
include but not be limited to strategies for: 18
(a) Enhancing trauma awareness throughout the school community; 19
(b) Conducting an assessment of the school climate, including but not limited to 20
inclusiveness and respect for diversity; 21
(c) Developing trauma-informed discipline policies; 22
(d) Collaborating with the Department of Kentucky State Police, the local she riff, 23
and the local chief of police to create procedures for notification of trauma -24
exposed students; and 25
(e) Providing services and programs designed to reduce the negative impact of 26
trauma, support critical learning, and foster a positive and safe school 27
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environment for every student. 1
(6) (a) The trauma-informed approach plan developed in accordance with subsect ion 2
(5) of this section shall be reviewed and updated annually and submitted to 3
the department. The department shall annually provide a summary of the 4
trauma-informed approach strategies being used in districts to the board and 5
the Legislative Research Com mission for referral to the Interim Joint 6
Committee on Education. 7
(b) This section shall not be construed to permit a trauma -informed plan or 8
trauma-informed approach that: 9
1. Incorporates a diversity, equity, and inclusion initiative as defined in 10
Section 1 of this Act; 11
2. Promotes discriminatory concepts as defined in Section 1 of this Act; 12
or 13
3. Is not aligned with Section 2 of this Act. 14
Section 5. KRS 158.4414 is amended to read as follows: 15
(1) Local boards of educat ion, school district superintendents, administrators of state -16
controlled facilities, and local and state law enforcement agencies shall cooperate to 17
assign one (1) or more certified school resource officers to serve each campus 18
where one (1) or more school buildings are used to deliver instruction to students on 19
a continuous basis. 20
(2) Local boards of education shall ensure, for each campus in the district, that at least 21
one (1) certified school resource officer is assigned to and working on -site full-time 22
in the school building or buildings on the campus. If sufficient funds and qualified 23
personnel are not available for this purpose for every campus, the local board of 24
education shall fulfill the requirements of this subsection on a per campus basis, as 25
approved in writing by the state school security marshal, until a certified school 26
resource officer is assigned to and working on -site full-time on each campus in the 27
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district. 1
(3) Beginning with the 2026-2027 school year, a local board of education that is u nable 2
to meet the requirement of subsection (2) of this section may, after consultation 3
with and approval by the state school security marshal, employ one (1) or more 4
guardians pursuant to KRS 158.4431 to provide safety and security measures for 5
schools within the district. The use of guardians under this subsection shall not be 6
used to replace the certified school resource officer required under subsection (2) of 7
this section, but only to provide safety and security resources until a certified school 8
resource officer is available. 9
(4) Beginning with the 2026 -2027 school year, a local board of education that has met 10
the requirement of subsection (2) of this section may employ one (1) or more 11
guardians pursuant to KRS 158.4431 to provide additional school saf ety and 12
security measures within the district. 13
(5) Local boards of education utilizing a school resource officer employed by a law 14
enforcement agency or the Department of Kentucky State Police shall enter into a 15
memorandum of understanding with the law enforcement agency or the Department 16
of Kentucky State Police that specifically states the purpose of the school resource 17
officer program and clearly defines the roles and expectations of each party 18
involved in the program. The memorandum shall provide that t he school resource 19
officer shall not be responsible for school discipline matters that are the 20
responsibility of school administrators or school employees. 21
(6) Local boards of education utilizing a school resource officer employed directly by 22
the local boa rd of education shall adopt policies and procedures that specifically 23
state the purpose of the school resource officer program and clearly define the roles 24
and expectations of school resource officers and other school employees. 25
(7) In accordance with KRS 61.926, 527.020, and 527.070, as applicable, each school 26
resource officer shall be armed with a firearm, notwithstanding any provision of 27
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local board policy, local school council policy, or memorandum of agreement. 1
(8) The Kentucky Law Enforcement Council, in collaboration with the Center for 2
School Safety, shall promulgate administrative regulations in accordance with KRS 3
Chapter 13A to establish, update, and maintain three (3) levels of training for 4
certification of school resource officers as follows: Sc hool Resource Officer 5
Training I (SRO I), School Resource Officer Training II (SRO II), and School 6
Resource Officer Training III (SRO III). Each level shall consist of forty (40) hours 7
of training, with SRO I to be completed within one (1) year of the date of the 8
officer's employment and SRO II and SRO III within the subsequent two (2) years. 9
(9) Course curriculum for school resource officers shall include but not be limited to: 10
(a) Foundations of school-based law enforcement; 11
(b) Threat assessment and response; 12
(c) Youth drug use and abuse; 13
(d) Social media and cyber security; 14
(e) School resource officers as teachers and mentors; 15
(f) Youth mental health awareness; 16
(g)[ Diversity and bias awareness training; 17
(h)] Trauma-informed action; 18
(h)[(i)] Understanding students with special needs; and 19
(i)[(j)] De-escalation strategies. 20
(10) All school resource officers with active school resource officer certification status 21
shall successfully complete forty (40) hours of annual in -service training that has 22
been certified or recognized by the Kentucky Law Enforcement Council for school 23
resource officers. 24
(11) In the event of extenuating circumstances beyond the control of an officer that 25
prevent the officer from completing the in -service training within one (1) year, the 26
commissioner of the Department of Criminal Justice Training or a designee may 27
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grant the officer an extension of time, not to exceed one hundred eighty (180) days, 1
in which to complete the training. 2
(12) Any school resource officer who fails to successfully complete training 3
requirements within the specified time periods, includ ing any approved time 4
extensions, shall lose his or her school resource officer certification and shall no 5
longer serve in the capacity of a school resource officer in a school. 6
(13) When a school resource officer is deficient in required training, the com missioner 7
of the Department of Criminal Justice Training or his or her designee shall notify 8
the council, which shall notify the officer and the officer's employing agency. 9
(14) A school resource officer who has lost school resource officer certification d ue 10
solely to the officer's failure to meet the training requirements of this section may 11
regain certification status as a school resource officer and may resume service in the 12
capacity of a school resource officer in a school setting upon successful comple tion 13
of the training deficiency. 14
(15) No later than November 1 of each year, the local school district superintendent shall 15
report to the Center for School Safety the number and placement of school resource 16
officers in the district. The report shall includ e the source of funding and method of 17
employment for each position. 18
(16) [Nothing in ] This section shall not be interpreted or construed to require a local 19
government or any of its agencies or offices to fund the school resource officer 20
positions required of local boards of education under this section. For purposes of 21
this subsection, "local government" has the same meaning as in KRS 65.8840. 22
(17) [Nothing in ] This section shall not prevent a private or parochial school from 23
entering into a memorandum of understanding with a local law enforcement agency 24
or the Department of Kentucky State Police to provide school resource officers 25
employed by the local law enforcement agency or the Department of Kentucky 26
State Police. 27
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SECTION 6. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 1
READ AS FOLLOWS: 2
Each school district and cooperative board shall provide to the State Treasurer the 3
name, job title, duty station, salary or wages, and amount of any contracted severance 4
or other form of post -employment compensation, of each employee of the school 5
district or cooperative board by the twentieth day of each month, to be reported to the 6
public in the manner and method designated by the State Treasurer. As used in this 7
section, "cooperative board" has the same meaning as in Section 1 of this Act. 8
Section 7. KRS 161.030 is amended to read as follows: 9
(1) Notwithstanding the age of the pupil, the certification of all teachers and other 10
school personnel, in public schools only, is vested in the Education Professional 11
Standards Board. When so certified, teachers and other school personnel shall not 12
be required to have licensure, certification, or other forms of approval from any 13
other state agency for the perf ormance of their respective assignments within the 14
system of public schools, except as provided for by law. All certificates authorized 15
under KRS 161.010 to 161.126 shall be issued in accordance with the 16
administrative regulations of the Education Professi onal Standards Board. [ After 17
July 15, 1994, all certificate applications and other data collection instruments of 18
the board shall include a request for voluntary information about the applicant's 19
ethnic background. This information shall be available to he lp local school districts 20
locate minority candidates. A person who holds a certificate prior to this 21
requirement may request that ethnic information be added to his or her file. Nothing 22
in] This section shall not preclude the right of an individual in a no npublic school 23
from seeking voluntary certification by the Education Professional Standards 24
Board. 25
(2) Certificates shall be issued upon written application and in accordance with statutes 26
and regulations in effect at the time of application to persons who have completed, 27
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at colleges, universities, or local school district programs approved by the 1
Education Professional Standards Board for the preparation of teachers and other 2
school personnel, the curricula prescribed by the administrative regulations of t he 3
Education Professional Standards Board. 4
(3) (a) Certification of all new teachers and teachers seeking additional certification 5
shall require the successful completion of appropriate assessments prior to 6
certification. The assessments shall be selected by the Education Professional 7
Standards Board and shall measure knowledge in the specific teaching field of 8
the applicant, including content of the field and teaching of that content. The 9
Education Professional Standards Board shall determine the minimum 10
acceptable level of achievement on each assessment. The assessments shall 11
measure those concepts, ideas, and facts which are being taught in teacher 12
education programs in Kentucky. Upon successful completion of the 13
assessments and the approved teacher prepa ration program, a professional 14
certificate valid for five (5) years shall be issued. 15
(b) If an applicant for teacher certification has completed the approved teacher 16
preparation program and has taken but failed to successfully complete the 17
appropriate asse ssments selected by the Education Professional Standards 18
Board, a conditional certificate may be issued for a period not to exceed one 19
(1) year. The employing school district, in collaboration with the teacher 20
education institution, shall provide technical assistance and mentoring support 21
to the conditionally certified teacher. The teacher shall retake the assessments 22
during the validity period of the conditional certificate. The conditional 23
certificate shall not be reissued. Upon successful completion of t he required 24
assessments, a professional certificate valid for five (5) years shall be issued. 25
The Education Professional Standards Board shall promulgate administrative 26
regulations to establish the standards and procedures for issuance of a 27
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conditional certificate. 1
(c) If an out -of-state teacher with less than two (2) years' experience comes to 2
Kentucky after the deadline for taking the assessments, a temporary certificate 3
may be issued for a period up to six (6) months. The teacher shall take the 4
assessments during the period of the temporary certificate. If the teacher fails 5
the assessments, the temporary certificate shall be valid only for the current 6
semester. If the teacher passes the assessments, a professional certificate valid 7
for five (5) years shall be issued. 8
(4) A reasonable fee to be paid by the teacher and directly related to the actual cost of 9
the administration of the assessments shall be established by the Education 10
Professional Standards Board. Provisions shall be made for persons having less than 11
minimum levels of performance on any assessment to repeat that assessment, and 12
candidates shall be informed of their strengths and weaknesses in the specific 13
performance areas. The Education Professional Standards Board shall provide for 14
confidentiality of the individual assessment scores. Scores shall be available only to 15
the candidate and to the education officials who are responsible for determining 16
whether established certification standards have been met. Scores shall be used only 17
in the assessment for certification of new teachers and of out -of-state teachers with 18
less than two (2) years of teaching experience who are seeking initial certification 19
in Kentucky. 20
(5) Individuals who are participating in an alternative certification pathway, seeking 21
to transfer teaching certification from another state, or seeking initial 22
certification after completion of an out -of-state teacher preparation program, 23
shall successfully complete professional development training on Kentucky 24
education law approved by th e Education Professional Standards Board. At a 25
minimum, the professional development training shall be two (2) hours long and 26
include a comprehensive overview of Section 2 of this Act and KRS 158.1415, 27
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158.181 to 158.187, 158.188, 158.189, 158.190, 158.191 , 158.192, 158.193, and 1
158.196. 2
(6) If an applicant establishes eligibility for a five (5) year professional certificate under 3
the provisions of subsection (3)(a) of this section, the applicant shall also be eligible 4
for the issuance of a certificate for substitute teaching as provided by the 5
administrative regulations of the Education Professional Standards Board. 6
(7)[(6)] (a) The Education Professional Standards Board shall issue a ten (10) year 7
emeritus certificate to an applicant who has: 8
1. Retired or will retire not more than one (1) year prior to the expiration 9
date of the certificate; 10
2. Met the requirements to receive an emeritus certificate as set forth in 11
administrative regulation promulgated by the Education Professional 12
Standards Board; and 13
3. Completed the required application unless the provisions of KRS 14
161.120 apply. 15
(b) The Education Professional Standards Board shall issue a one (1) time five (5) 16
year exception certificate to an individual: 17
1. Whose certificate has expired; 18
2. Whose rank upon expiration was Rank I or Rank II; 19
3. Who has met the requirements to receive an exception certificate as set 20
forth in administrative regulation promulgated by the Education 21
Professional Standards Board; 22
4. Who completed three (3) years of classroom instruction prior to the 23
certificate's expiration; and 24
5. Who has completed the required application unless the provisions of 25
KRS 161.120 apply. 26
(8)[(7)] The Education Professional Standards Board shall approve th e curricula of 27
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any college or university, or of any department thereof, for the training of teachers, 1
and any nontraditional or alternative teacher preparation program offered in a 2
public or private postsecondary education institution, private contractor, or state 3
agency, and shall also approve the curricula of any local district alternative 4
certification program, when the curricula comply with the administrative 5
regulations of the Education Professional Standards Board for the issuance of 6
certificates and when the institution has met the terms and conditions provided in 7
KRS 161.010 to 161.120. Any student who has completed any of these curricula, as 8
approved by the Education Professional Standards Board, and who has completed 9
the prescribed requirements for the issuance of certificates shall be granted a 10
certificate corresponding to the curricula completed. 11
(9)[(8)] The issuance of any certificate, except emergency certificates issued pursuant 12
to KRS 161.100, by the Education Professional Standards Board sha ll not be 13
dependent upon an offer of employment. The certification process, except for 14
emergency certificates, is independent of any job prospects and certification shall 15
be awarded on the basis of completing a teacher preparation program or an 16
alternative certification pathway and passing required assessments. 17
Section 8. 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
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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 fin dings of child abuse or 9
neglect relating to a specific individual; 10
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 11
daughter; and 12
(e) "Vacancy" means any certified position opening created by the resignation, 13
dismissal, nonrenew al 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 contract, 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 certifi ed 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 pri ncipals, 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
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and by the administrative regulations of the Kentucky Board of Education and 1
of the employing board. 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 beg inning of the school year. No 4
superintendent of schools shall appoint or transfer himself or 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 th e 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 position openings in the local board office for public 10
viewing; and 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 t he 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. The 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 teachers to be considered for the position. The 21
superintendent shall, pursuant to administrative reg ulations 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
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certified employee of the school district for at least thirty -six (36) months 1
prior to the superintend ent 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 student 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 assignment 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 established 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
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offender under KRS 439.3401; 1
(b) Has been convicted of a sex crime as defined by KRS 17.5 00 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 maintained 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 Kentucky 9
State Police and the Federal Bureau of Inves tigation 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 previously submitted to a national and 26
state criminal background check and who have a clear CA/N check 27
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for the previous employment; or 1
c. Student teachers who have subm itted to and provide a copy of a 2
national and state criminal background check by the Department 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 defined 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 crimi nal 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
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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
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 15
vacancy occurs during a school term, a superintendent may employ an 16
individual, who will have supervisory or disciplinary authority over minors, 17
on probatio nary status pending receipt of the criminal history background 18
check and a clear CA/N check, provided by the individual. Application for the 19
criminal record and a request for a clear CA/N check of a probationary 20
employee shall be made no later than the dat e probationary employment 21
begins. 22
(b) Employment shall be contingent on the receipt of the criminal history 23
background check documenting that the probationary employee has no record 24
of a sex crime nor as a violent offender as defined in KRS 17.165 and rece ipt 25
of a letter, provided by the individual, from the Cabinet for Health and Family 26
Services stating the employee is clear to hire based on no administrative 27
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findings of child abuse or neglect found through a background check of child 1
abuse and neglect rec ords maintained by the Cabinet for Health and Family 2
Services. 3
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 4
probationary employment under this section shall terminate on receipt by the 5
school district of a criminal histo ry background check documenting a record 6
of a sex crime or as a violent offender as defined in KRS 17.165 and no 7
further procedures shall be required. 8
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 9
employee on the basis of a criminal record other than a record of a sex crime or as a 10
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 11
showing an administrative finding of child abuse or neglect. 12
(9) (a) All fingerprints requested under this section shall be on an applicant 13
fingerprint card provided by the Department of Kentucky State Police. The 14
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 15
from the Department of Kentucky State Police after a state criminal 16
background check is conducted. The results of the state and federal criminal 17
background check shall be sent to the hiring superintendent. Any fee charged 18
by the Department of Kentucky State Police, the Federal Bureau of 19
Investigation, and the Cabinet for Health and Fam ily Services shall be an 20
amount no greater than the actual cost of processing the request and 21
conducting the search. 22
(b) Each application form, provided by the employer to an applicant for a 23
certified or classified position, shall conspicuously state the f ollowing: "FOR 24
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 25
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 26
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 27
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FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 1
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 2
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 3
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 4
FOR HEALTH AND FAMILY SERVICES." 5
(c) Each application form for a district position shall require the applicant to: 6
1. Identify the stat es in which he or she has maintained residency, 7
including the dates of residency; and 8
2. Provide picture identification. 9
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 10
when an employee of the school district is charged with any offense which is 11
classified as a felony, the superintendent may transfer the employee to a second 12
position until such time as the employee is found not guilty, the charges are 13
dismissed, the employee is terminated, or the superintendent determine s that further 14
personnel action is not required. The employee shall continue to be paid at the same 15
rate of pay he or she received prior to the transfer. If an employee is charged with 16
an offense outside of the Commonwealth, this provision may also be appl ied if the 17
charge would have been treated as a felony if committed within the 18
Commonwealth. Transfers shall be made to prevent disruption of the educational 19
process and district operations and in the interest of students and staff and shall not 20
be construed as evidence of misconduct. 21
(11) Notwithstanding any law to the contrary, each certified and classified employee of 22
the school district shall notify the superintendent if he or she has been found by the 23
Cabinet for Health and Family Services to have abuse d or neglected a child, and if 24
he or she has waived the right to appeal a substantiated finding of child abuse or 25
neglect or if the substantiated incident was upheld upon appeal. Any failure to 26
report this finding shall result in the certified or classifie d employee being subject 27
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to dismissal or termination. 1
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 2
Health and Family Services website. 3
Section 9. KRS 156.029 is amended to read as follows: 4
(1) There is hereby established a Kentucky Board of Education, which shall consist of 5
eleven (11) voting members appointed by the Governor and confirmed by the 6
Senate of the General Assembly, with the president of the Council on 7
Postsecondary Educ ation and the secretary of the Education and Labor Cabinet 8
serving as ex officio nonvoting members, and an active public elementary or 9
secondary school teacher and a public high school student appointed by the board 10
as described in subsection (3) of this s ection serving as nonvoting members. Seven 11
(7) voting members shall represent each of the Supreme Court districts as 12
established by KRS 21A.010, and four (4) voting members shall represent the state 13
at large. Each of the voting members shall serve for a fo ur (4) year term, except the 14
initial appointments shall be as follows: the seven (7) members representing 15
Supreme Court districts shall serve a term which shall expire on April 14, 1994; and 16
the four (4) at -large members shall serve a term which shall expi re on April 14, 17
1992. Subsequent appointments shall be submitted to the Senate for confirmation in 18
accordance with KRS 11.160. 19
(2) Appointments of the voting members shall be made without reference to 20
occupation. No voting member at the time of his or her appointment or during the 21
term of his or her service shall be engaged as a professional educator. [Beginning 22
with voting members appointed on or after June 29, 2021, ] Appointments to the 23
group of members representing Supreme Court districts and to the grou p of at-large 24
members shall[, respectively, shall reflect equal representation of the two (2) sexes, 25
inasmuch as possible;] reflect no less than proportional representation of the two (2) 26
leading political parties of the Commonwealth based on the state's voter registration 27
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and the political affiliation of each appointee as of December 31 of the year 1
preceding the date of his or her appointment [; and reflect the minority racial 2
composition of the Commonwealth based on the total minority racial population 3
using the most recent census or estimate data from the United States Census 4
Bureau].[ If the determination of proportional minority representation does not 5
result in a whole number of minority members, it shall be rounded up to the next 6
whole number.] A particular political affiliation shall not be a prerequisite to 7
appointment to the boa rd generally; however, if any person is appointed to the 8
board that does not represent either of the two (2) leading political parties of the 9
Commonwealth, the proportional representation by political affiliation requirement 10
shall be determined and satisfi ed based on the total number of members on the 11
board less any members not affiliated with either of the two (2) leading political 12
parties. Pursuant to KRS 63.080, a member shall not be removed except for cause 13
or, beginning with voting members appointed on or after June 29, 2021, in 14
accordance with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not 15
be subject to reorganization by the Governor. 16
(3) Ex officio and other nonvoting members shall not be represented by proxy at any 17
meeting of the board. 18
(4) The nonvoting teacher and student members shall be selected by the board from the 19
state's six (6) congressional districts on a rotating basis from different districts. The 20
public high school student shall be classified as a junior at the time of app ointment. 21
The teacher and student members shall serve for a one (1) year term, except the 22
initial appointments shall serve a term which shall expire on April 14, 2022. The 23
board shall promulgate an administrative regulation establishing the process for 24
selecting the nonvoting teacher and student members. 25
(5) A vacancy in the voting membership of the board shall be filled by the Governor 26
for the unexpired term with the consent of the Senate. In the event that the General 27
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Assembly is not in session at the tim e of the appointment, the consent of the Senate 1
shall be obtained during the time the General Assembly next convenes. 2
(6) At the first regular meeting of the board in each fiscal year, a chairperson shall be 3
elected from its voting membership. 4
(7) The members shall be reimbursed for actual and necessary expenses incurred in the 5
performance of their duties. 6
(8) The commissioner of education shall serve as the executive secretary to the board. 7
(9) The primary function of the board shall be to develop and adopt policies and 8
administrative regulations, with the advice of the Local Superintendents Advisory 9
Council, by which the Dep artment of Education shall be governed in planning, 10
coordinating, administering, supervising, operating, and evaluating the educational 11
programs, services, and activities within the Department of Education which are 12
within the jurisdiction of the board. 13
Section 10. KRS 158.6452 is amended to read as follows: 14
(1) A School Curriculum, Assessment, and Accountability Council is hereby created to 15
study, review, and make recommendations concerning Kentucky's system of setting 16
academic standards, assessing learning, identifying academic competencies and 17
deficiencies of individual students, holding schools accountable for learning, and 18
assisting schools to improve their performance. The council shall advise the 19
Kentucky Board of E ducation and the Legislative Research Commission on issues 20
related to the development and communication of the academic expectations and 21
core content for assessment, the development and implementation of the statewide 22
assessment and accountability program, recognition of high performing schools, 23
imposition of sanctions, and assistance for schools to improve their performance 24
under KRS 158.6453, 158.6455, 158.782, and 158.805. 25
(2) The School Curriculum, Assessment, and Accountability Council shall be 26
composed of seventeen (17) voting members appointed by the Governor. On 27
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making appointments to the council, the Governor shall assure broad geographical 1
representation and representation of elementary, middle, and secondary school 2
levels[; assure equal representa tion of the two (2) sexes, inasmuch as possible; and 3
assure that appointments reflect the minority racial composition of the 4
Commonwealth]. The members shall serve terms of two (2) years with no member 5
serving more than two (2) consecutive terms, except th at seven (7) of the initial 6
appointments shall be for four (4) year terms. The members shall be appointed as 7
follows: 8
(a) Two (2) parents from recommendations submitted by organizations 9
representing school councils and parents; 10
(b) Two (2) teachers from re commendations submitted by organizations 11
representing teachers; 12
(c) Two (2) superintendents from recommendations submitted by organizations 13
representing superintendents; 14
(d) Two (2) principals from organizations representing school administrators; 15
(e) Two (2) local school board members from recommendations submitted by 16
organizations representing school boards; 17
(f) Two (2) school district assessment coordinators from recommendations 18
submitted by organizations representing district assessment coordinators; 19
(g) Two (2) employers in the state from recommendations submitted by 20
organizations representing business and industry; 21
(h) Two (2) university professors with expertise in assessment and measurement; 22
and 23
(i) One (1) at-large member. 24
(3) The School Curriculum, Assessment, and Accountability Council shall elect a chair 25
annually from its membership. 26
(4) The members shall be remunerated for actual and necessary expenses incurred 27
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while attending meetings of the council or while serving as representative of the 1
council. 2
(5) The School Curriculum, Assessment, and Accountability Council shall meet at least 3
four (4) times each year at times and places as it determines by resolution. 4
(6) The School Curriculum, Assessment, and Accountability Council shall be attached 5
to t he Department of Education for administrative purposes. It shall be provided 6
appropriate staff and resources to conduct its work. 7
Section 11. KRS 158.6453 (Effective July 1, 2026) is amended to read as 8
follows: 9
(1) As used in this section: 10
(a) "Accelerated learning" means an organized way of helping students meet 11
individual academic goals by providing direct instruction to eliminate student 12
performance deficiencies or enable students to move more quickly through 13
course requirements and pursue higher level skill development; 14
(b) "Advanced coursework" means educational programs or opportunities 15
designed to challenge students with more rigorous content beyond the 16
standard curriculum, including but not limited to advanced plac ement, 17
International Baccalaureate, and honors courses; 18
(c) "Constructed-response items" or "performance-based items" means individual 19
test items that require the student to create an answer rather than select a 20
response and may include fill -in-the-blank, short-answer, extended -answer, 21
open-response, and writing-on-demand formats; 22
(d) "Criterion-referenced test" means a test that is aligned with defined academic 23
content standards and measures an individual student's level of performance 24
against the standards; 25
(e) "Formative assessment" means a process used by teachers and students during 26
instruction to adjust ongoing teaching and learning to improve students' 27
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achievement of intended instructional outcomes. Formative assessments may 1
include the use of commerc ial assessments, classroom observations, teacher -2
designed classroom tests and assessments, and other processes and 3
assignments to gain information about individual student learning; 4
(f) "Interim assessments" means assessments that are given periodically 5
throughout the year to provide diagnostic information and to show individual 6
student performance against content standards; 7
(g) "Summative assessment" means an assessment given at the end of the school 8
year, semester, or other period of time to evaluate students' performance 9
against content standards within a unit of instruction or a course; and 10
(h) "Writing" means a purposeful act of thinking and expression that uses 11
language to explore ideas and communicate meaning to others. Writing is a 12
complex, multifaceted act of communication and is distinct from basic 13
handwriting or penmanship. 14
(2) (a) Every six (6) years, the Kentucky Depar tment of Education shall implement a 15
process for reviewing Kentucky's academic standards and the alignment of 16
corresponding assessments for possible revision or replacement to ensure 17
alignment with transition readiness standards necessary for global 18
competitiveness, state career and technical education standards, and KRS 19
158.196. 20
(b) The revisions to the content standards shall: 21
1. Focus on critical knowledge, skills, and capacities needed for success in 22
the global economy; 23
2. Result in fewer but more in -depth standards to facilitate mastery 24
learning; 25
3. Communicate expectations more clearly and concisely to teachers, 26
parents, students, and citizens; 27
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4. Be based on evidence-based research; 1
5. Consider international benchmarks; and 2
6. Ensure that the standard s are aligned from elementary to high school to 3
postsecondary education so that students can be successful at each 4
education level. 5
(c) 1. The department shall establish four (4) standards and assessments 6
review committees, with each committee composed of a minimum of six 7
(6) Kentucky public school teachers and a minimum of two (2) 8
representatives from Kentucky institutions of higher education, 9
including at least one (1) representative from a public institution of 10
higher education. Each committee member sha ll teach in the subject 11
area that his or her committee is assigned to review and have no prior or 12
current affiliation with a curriculum or assessment resources vendor. 13
2. One (1) of the four (4) committees shall be assigned to focus on the 14
review of langua ge arts and writing academic standards and 15
assessments, one (1) on the review of mathematics academic standards 16
and assessments, one (1) on the review of science academic standards 17
and assessments, and one (1) on the review of social studies academic 18
standards and assessments. 19
(d) 1. The department shall establish twelve (12) advisory panels to advise and 20
assist each of the four (4) standards and assessments review committees. 21
2. Three (3) advisory panels shall be assigned to each standards and 22
assessments review committee. One (1) panel shall review the standards 23
and assessments for kindergarten through grade five (5), one (1) shall 24
review the standards and assessments for grades six (6) through eight 25
(8), and one (1) shall review the standards and assessme nts for grades 26
nine (9) through twelve (12). 27
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3. Each advisory panel shall be composed of at least one (1) representative 1
from a Kentucky institution of higher education and a minimum of six 2
(6) Kentucky public school teachers who teach in the grade level a nd 3
subject reviewed by the advisory panel to which they are assigned and 4
have no prior or current affiliation with a curriculum or assessment 5
resources vendor. 6
(e) The commissioner of education and the president of the Council on 7
Postsecondary Education sh all also provide consultants for the standards and 8
assessments review committees and the advisory panels who are business and 9
industry professionals actively engaged in career fields that depend on the 10
various content areas. 11
(f) 1. The standards and assess ments process review committee is hereby 12
established and shall be composed of the commissioner of education or 13
designee as a nonvoting member and nine (9) voting representatives of 14
public schools, of whom at least two (2) shall be parents of public 15
school students, appointed by the Governor and confirmed by the Senate 16
in accordance with KRS 11.160 as follows: 17
a. One (1) language arts teacher; 18
b. One (1) math teacher; 19
c. One (1) science teacher; 20
d. One (1) social studies teacher; 21
e. Two (2) school principals; 22
f. Two (2) school superintendents; and 23
g. One (1) school board member. 24
2. On making appointments to the committee, the Governor shall ensure 25
broad geographical urban and rural representation and representation of 26
elementary, middle, and high school level s[; ensure equal representation 27
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of the two (2) sexes, inasmuch as possible; and ensure that appointments 1
reflect the minority racial composition of the Commonwealth]. 2
3. The review of the committee shall be limited to the procedural aspects 3
of the review process undertaken prior to its consideration. 4
4. Notwithstanding KRS 12.028, the committee shall not be subject to 5
reorganization by the Governor. 6
(g) 1. The review process implemented under this subsection shall be an open, 7
transparent process that allows all Kentuckians an opportunity to 8
participate. The department shall ensure the public's assistance in 9
reviewing and suggesting changes to the standards and alignment 10
adjustments to corresponding state assessments by establishing a 11
website dedicated to collecting comments by the public and educators. 12
An independent third party, which has no prior or current affiliation with 13
a curriculum or assessment resources vendor, shal l be selected by the 14
department to collect and transmit the comments to the department for 15
dissemination to the appropriate advisory panel for review and 16
consideration. 17
2. Each advisory panel shall review the standards and assessments for its 18
assigned subject matter and grade level and the suggestions made by the 19
public and educators. After completing its review, each advisory panel 20
shall make recommendations for changes to the standards and alignment 21
adjustments for assessments to the appropriate standards and 22
assessments review committee. 23
3. Each standards and assessments review committee shall review the 24
findings and make recommendations to revise or replace existing 25
standards and to adjust alignment of assessments. 26
4. The recommendations shall be publish ed on the website established in 27
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this subsection for the purpose of gathering additional feedback from the 1
public. The commissioner shall subsequently present the 2
recommendations and the public feedback to the Interim Joint 3
Committee on Education. 4
5. The commissioner shall subsequently provide a report to the standards 5
and assessments process review committee summarizing the process 6
conducted under this subsection and the resulting recommendations. The 7
report shall include but not be limited to the timeline of the review 8
process, public feedback, and responses from the Interim Joint 9
Committee on Education. 10
6. After receiving the commissioner's report, the standards and assessments 11
process review committee shall either concur that stakeholders have had 12
adequate opportunity to provide input on standards and the 13
corresponding alignment of state assessments or find the input process 14
deficient. If the process is found deficient, the recommendations may be 15
returned to the appropriate standards and assessments revie w committee 16
for review as described in subparagraph 3. of this paragraph. If the 17
process is found sufficient, the recommendations shall be forwarded 18
without amendment to the Kentucky Board of Education. 19
(h) The Kentucky Board of Education shall promulgate administrative regulations 20
in accordance with KRS Chapter 13A as may be needed for the administration 21
of the review process, including staggering the timing and sequence of the 22
review process by subject area and remuneration of the review committees 23
and advisory panels described in paragraphs (c) and (d) of this subsection. 24
(i) 1. The Kentucky Board of Education shall consider for approval the 25
revisions to academic standards for a content area and the alignment of 26
the corresponding state assessment once rec ommendations are received 27
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from the standards and assessments process review committee. Existing 1
state academic standards shall remain in place until the board approves 2
new standards. 3
2. Any revision to, or replacement of, the academic standards and 4
assessments as a result of the review process conducted under this 5
subsection shall be implemented in Kentucky public schools no later 6
than the second academic year following the review process. Existing 7
academic standards shall be used until new standards are implemented. 8
3. The Department of Education shall disseminate the academic content 9
standards to the schools and teacher preparation programs. 10
(j) The Department of Education shall provide or facilitate statewide training 11
sessions for existing teachers and administrators on how to: 12
1. Integrate the revised content standards into classroom instruction; 13
2. Better integrate performance assessment of students within their 14
instructional practices; and 15
3. Help all students use higher-order thinking and communication skills. 16
(k) The Education Professional Standards Board in cooperation with the 17
Kentucky Board of Education and the Council on Postsecondary Education 18
shall coordinate information and training sessions for faculty and staff in all of 19
the teacher preparatio n programs in the use of the revised academic content 20
standards. The Education Professional Standards Board shall ensure that each 21
teacher preparation program includes use of the academic standards in the 22
pre-service education programs and that all teacher interns will have 23
experience planning classroom instruction based on the revised standards. 24
(l) The Council on Postsecondary Education in cooperation with the Kentucky 25
Department of Education and the postsecondary education institutions in the 26
state shall coordinate information sessions regarding the academic content 27
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standards for faculty who teach in the various content areas. 1
(m) The Education Professional Standards Board shall, as a condition of program 2
approval, require teacher preparation programs to align curriculum with the 3
expectations set forth in the state's academic content standards. 4
(3) (a) The Kentucky Board of Education shall be responsible for creating and 5
implementing a balanced statewide assessment program that measures the 6
students', scho ols', and districts' achievement of the goals set forth in KRS 7
158.645 and 158.6451, to ensure compliance with the federal Every Student 8
Succeeds Act of 2015, Pub. L. No. 114 -95, or its successor, and to ensure 9
school accountability. 10
(b) The board shall re vise the annual statewide assessment program as needed in 11
accordance with revised academic standards and corresponding assessment 12
alignment adjustments approved by the board under subsection (2) of this 13
section. 14
(c) The statewide assessments shall not incl ude any academic standards not 15
approved by the board under subsection (2) of this section. 16
(d) The board shall seek the advice of the Office of Education Accountability; the 17
School Curriculum, Assessment, and Accountability Council; the Education 18
Assessment and Accountability Review Subcommittee, and the department's 19
technical advisory committee in the development of the assessment program. 20
The statewide assessment program shall not include measurement of a 21
student's ability to become a self -sufficient indi vidual or to become a 22
responsible member of a family, work group, or community. 23
(4) (a) The academic components of the statewide assessment program shall be 24
composed of annual student summative tests, which may include a 25
combination of multiple competency -based assessment and performance 26
measures approved by the Kentucky Board of Education. 27
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(b) The annual student summative tests shall: 1
1. Measure individual studen t achievement in language, reading, English, 2
mathematics, science, and social studies at designated grades; 3
2. Provide teachers and parents a valid and reliable comprehensive analysis 4
of skills mastered by individual students; 5
3. Provide diagnostic informa tion that identifies strengths and academic 6
deficiencies of individual students in the content areas; 7
4. Provide information to teachers that can enable them to improve 8
instruction for current and future students; 9
5. Provide longitudinal profiles for students; and 10
6. Ensure school and district accountability for student achievement of the 11
goals set forth in KRS 158.645 and 158.6451, except the statewide 12
assessment program shall not include measurement of a student's ability 13
to become a self -sufficient indiv idual or to become a responsible 14
member of a family, work group, or community. 15
(5) The state student assessments shall include the following components: 16
(a) Elementary and middle grades requirements are: 17
1. A criterion -referenced test each in mathematics a nd reading in grades 18
three (3) through eight (8) that is valid and reliable for an individual 19
student and that measures the depth and breadth of Kentucky's academic 20
content standards; 21
2. A criterion-referenced test each in science and social studies that is valid 22
and reliable for an individual student as necessary to measure the depth 23
and breadth of Kentucky's academic content standards to be 24
administered one (1) time within the elementary and middle grades, 25
respectively; 26
3. An on-demand assessment of stude nt writing to be administered one (1) 27
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time within the elementary grades and one (1) time within the middle 1
grades; and 2
4. An editing and mechanics test relating to writing, using multiple choice 3
and constructed response items, to be administered one (1) ti me within 4
the elementary and the middle grades, respectively; 5
(b) High school requirements are: 6
1. A criterion-referenced test in mathematics, reading, and science that is 7
valid and reliable for an individual student and that measures the depth 8
and breadth of Kentucky's academic content standards to be 9
administered one (1) time within the high school grades; 10
2. A criterion-referenced test in social studies that is valid and reliable for 11
an individual student as necessary to measure the depth and breadth of 12
Kentucky's academic content standards to be administered one (1) time 13
within the high school grades; 14
3. An on-demand assessment of student writing to be administered one (1) 15
time within the high school grades; 16
4. An editing and mechanics test relating to w riting, using multiple choice 17
and constructed response items, to be administered one (1) time within 18
the high school grades; and 19
5. A college admissions examination to assess English, reading, 20
mathematics, and science in the spring of grade eleven (11); 21
(c) The Kentucky Board of Education shall add any other component necessary 22
to comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114 -95, 23
or its successor, as determined by the United States Department of Education; 24
(d) The criterion -referenced components required in this subsection shall be 25
composed of constructed response items and multiple choice items; and 26
(e) The results of the assessment program developed under this subsection shall 27
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be used by schools and districts to determine appropriate instructional 1
modifications for all students in order for students to make continuous 2
progress, including that needed by advanced learners. 3
(6) Each school district shall administer the statewide student assessment during the 4
last fourteen (14) days of sch ool in the district's instructional calendar. The 5
Kentucky Board of Education may change the testing window to allow for 6
innovative assessment systems or other online test administration and shall 7
promulgate administrative regulations that minimize the num ber of days of testing 8
and outline the procedures to be used during the testing process to ensure test 9
security, including procedures for testing makeup days, and to comply with federal 10
assessment requirements. 11
(7) A student enrolled in a district -operated or district -contracted alternative program 12
shall participate in the appropriate assessments required by this section. 13
(8) A local school district may select and use commercial interim or formative 14
assessments or develop and use its own formative assessmen ts to provide data on 15
how well its students are growing toward mastery of Kentucky academic standards, 16
so long as the district's local school board develops a policy minimizing the 17
reduction in instructional time related to the administration of the interi m 18
assessments. Nothing in this section precludes teachers from using ongoing teacher-19
developed formative processes. 20
(9) Each school that enrolls primary students shall use diagnostic assessments and 21
prompts that measure readiness in reading and mathematics for its primary students 22
as determined by the school to be developmentally appropriate. The schools may 23
use commercial products, use products and procedures developed by the district, or 24
develop their own diagnostic procedures. The results shall be used t o inform the 25
teachers and parents or guardians of each student's skill level. 26
(10) The state board shall ensure that a technically sound longitudinal comparison of the 27
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assessment results for the same students shall be made available. 1
(11) The following pro visions shall apply to the college admissions examination 2
described in subsection (5)(b)5. of this section: 3
(a) The cost of the college admissions examination administered to students in 4
high school shall be paid for by the Kentucky Department of Education. The 5
costs of additional college admissions examinations shall be the responsibility 6
of the student; 7
(b) If funds are av ailable, the Kentucky Department of Education shall provide a 8
college admissions examination preparation program to all public high school 9
juniors. The department may contract for necessary services; and 10
(c) Accommodations provided to a student with a disa bility taking the college 11
admissions assessment under this subsection shall consist of: 12
1. Accommodations provided in a manner allowed by the college 13
admissions assessment provider when results in test scores are 14
reportable to a postsecondary institution f or admissions and placement 15
purposes, except as provided in subparagraph 2. of this paragraph; or 16
2. Accommodations provided in a manner allowed by a student's 17
individualized education program as defined in KRS 158.281 for a 18
student whose disability preclu des valid assessment of his or her 19
academic abilities using the accommodations provided under 20
subparagraph 1. of this paragraph when the student's scores are not 21
reportable to a postsecondary institution for admissions and placement 22
purposes. 23
(12) Kentucky teachers shall have a significant role in providing feedback about the 24
design of the assessments, except for the college admissions exam described in 25
subsection (5)(b)5. of this section. The assessments shall be designed to: 26
(a) Measure grade appropriate core academic content, basic skills, and higher -27
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order thinking skills and their application; 1
(b) Provide valid and reliable scores for schools. If scores are reported for 2
students individually, they shall be valid and reliable; 3
(c) Minimize the time spent by teachers and students on assessment; and 4
(d) Assess Kentucky academic standards only. 5
(13) The results from assessment under subsections (3) and (5) of this section shall be 6
reported to the school districts and schools no later than seventy -five (75) da ys 7
following the last day the assessment can be administered. Assessment reports 8
provided to the school districts and schools shall include an electronic copy of an 9
operational subset of test items from each assessment administered to their students 10
and the results for each of those test items by student and by school. 11
(14) The Department of Education shall gather information to establish the validity of 12
the assessment and accountability program. It shall develop a biennial plan for 13
validation studies that shall include but not be limited to the consistency of student 14
results across multiple measures, the congruence of school scores with documented 15
improvements in instructional practice and the school learning environment, and the 16
potential for all scores to yield fair, consistent, and accurate student performance 17
level and school accountability decisions. Validation activities shall take place in a 18
timely manner and shall include a review of the accuracy of scores assigned to 19
students and schools, as well as of the testing materials. The plan shall be submitted 20
to the Commission by July 1 of the first year of each biennium. A summary of the 21
findings shall be submitted to the Legislative Research Commission by September 22
1 of the second year of the biennium. 23
(15) The Department of Education and the state board shall offer optional assistance to 24
local school districts and schools in developing and using continuous assessment 25
strategies needed to ensure student progress. The continuous assessment shall 26
provide dia gnostic information to improve instruction to meet the needs of 27
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individual students. 1
(16) The Administration Code for Kentucky's Assessment Program shall include 2
prohibitions of inappropriate test preparation activities by school district employees 3
charged with test administration and oversight, including but not limited to the issue 4
of teachers being required to do test practice in lieu of regular classroom instruction 5
and test practice outside the normal work day. The code shall include disciplinary 6
sanctions that may be taken toward a school or individuals. 7
(17) The Kentucky Board of Education, after the Department of Education has received 8
advice from the Office of Education Accountability; the School Curriculum, 9
Assessment, and Accountability Council; a nd the department's technical advisory 10
committee, shall promulgate an administrative regulation under KRS Chapter 13A 11
to establish the components of a reporting structure for assessments administered 12
under this section. The reporting structure shall include the following components: 13
(a) A school report card that clearly communicates with parents and the public 14
about school performance. The school report card shall be sent to the parents 15
of the students of the districts, and information on electronic access to a 16
summary of the results for the district shall be published in the newspaper 17
with the largest circulation in the county. It shall include but not be limited to 18
the following components reported by race, gender, and disability when 19
appropriate: 20
1. Student academic achievement, including the results from each of the 21
assessments administered under this section; 22
2. For Advanced Placement, Cambridge Advanced International, and 23
International Baccalaureate, the courses offered, the number of students 24
enrolled, completing, and taking the examination for each course, and 25
the percentage of examinees receiving a score of three (3) or better on 26
AP examinations, a score of "e" or better on Cambridge Advanced 27
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International examinations, or a score of four (4) or bette r on IB 1
examinations. The data shall be disaggregated by gender, race, students 2
with disabilities, and economic status; 3
3. Nonacademic achievement, including the school's attendance, retention, 4
graduation rates, and student transition to postsecondary; 5
4. School learning environment, including measures of parental 6
involvement; and 7
5. Any other school performance data required by the Every Student 8
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; 9
(b) An individual student report to parents for each student in grades three (3) 10
through eight (8) summarizing the student's skills in reading, science, social 11
studies, and mathematics. The school's staff shall develop a plan for 12
accelerated learning for any student with identified deficiencies or strengths ; 13
and 14
(c) A student's score on the college admissions assessment administered under 15
subsection (5)(b)5. of this section. 16
(18) (a) Every six (6) years, the Kentucky Department of Education shall implement a 17
comprehensive process for reviewing and revising t he academic standards in 18
visual and performing arts and practical living skills and career studies for all 19
levels and in foreign language for middle and high schools. The department 20
shall develop review committees for the standards for each of the content 21
areas that include representation from certified specialist public school 22
teachers and postsecondary teachers in those subject areas. 23
(b) The academic standards in practical living skills for elementary, middle, and 24
high school levels shall include a focus on drug abuse prevention, with an 25
emphasis on the prescription drug epidemic and the connection between 26
prescription opioid abuse and addiction to other drugs, such as heroin and 27
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synthetic drugs. 1
(c) The department shall provide to all schools guidelines for programs that 2
incorporate the adopted academic standards in visual and performing arts and 3
practical living and career studies. The department shall provide to middle and 4
high schools guidelines for including a foreign language program. The 5
guidelines shall address program length and time, courses offered, staffing, 6
resources, and facilities. 7
(d) The Kentucky Department of Education, in consultation with certified public 8
school teachers of visual and performing arts, may develop program standards 9
for the visual and performing arts. 10
(19) The Kentucky Department of Education shall provide to all scho ol districts 11
guidelines for including an effective writing program within the curriculum. 12
(20) (a) The Kentucky Department of Education, in consultation with the review 13
committees described in subsection (18) of this section, shall develop a school 14
profile report to be used by all schools to document how they will address the 15
adopted academic standards in their implementation of the programs as 16
described in subsection (18) of this section, which may include student 17
opportunities and experiences in extracurr icular activities. The department 18
shall include the essential workplace ethics program on the school profile 19
report. 20
(b) By October 1 of each year, each school principal shall complete the school 21
profile report, which shall be signed by the members of the school council, or 22
the principal if no school council exists, and the superintendent. The report 23
shall be electronically transmitted to the Kentucky Department of Education, 24
and the original shall be maintained on file at the local board office and made 25
available to the public upon request. The department shall include a link to 26
each school's profile report on its website. 27
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(c) If a school staff member, student, or a student's parent has concerns regarding 1
deficiencies in a school's implementation of the pro grams described in 2
subsection (18) of this section, he or she may submit a written inquiry to the 3
school council. 4
(21) (a) No later than December 1, 2025, each local board of education shall adopt a 5
district plan establishing clear policies on the promotio n of advanced 6
coursework or accelerated learning in language arts, mathematics, social 7
studies, and science by grade level for students in grades four (4) to twelve 8
(12). 9
(b) The district plan required by paragraph (a) of this subsection shall: 10
1. Be published on a publicly accessible location on the district website; 11
2. Describe the strategies and approach to advanced coursework or 12
accelerated learning options by grade level for language arts, 13
mathematics, social studies, and science; and 14
3. Require that the service delivery options for students identified as gifted 15
and talented in language arts, mathematics, social studies, and science 16
include the following for each grade level and subject area: 17
a. i. Accelerated learning; or 18
ii. Advanced coursework; and 19
b. At least one (1) of the following service delivery options: 20
i. Collaborative teaching and consultation services; 21
ii. Special counseling services; 22
iii. Differentiated study experiences for individuals and cluster 23
groups in the regular classroom; 24
iv. Distance learning; 25
v. Enrichment services that are not extracurricular during the 26
school day; 27
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vi. Independent study; 1
vii. Mentorships; 2
viii. Resource services delivered in a pull -out classroom or other 3
appropriate instructional setting; 4
ix. Seminars; 5
x. Travel study options; or 6
xi. Special schools or self -contained classrooms for students in 7
grades four (4) through twelve (12) only. 8
(c) The district plan required by paragraph (a) of this subsection may: 9
1. Automatically enroll a student who scores distinguished in any subject 10
area on the most recent statewide assessment for which scores are 11
available in available advanced coursework for that subject area and any 12
corresponding subject area designated by the local board of education; 13
2. Include eligibility criteria for qualification for available advanced 14
coursework for all other students; 15
3. Require written consent from a parent or guardi an of a student to 16
withdraw or exclude a student that is eligible for advanced coursework 17
according to the district plan from that advanced coursework. If a 18
student requests to withdraw from advanced coursework to pursue 19
another educational opportunity, a principal may withdraw the student 20
without written consent from a parent or guardian only after a good-faith 21
attempt to contact the parent or guardian is unsuccessful; and 22
4. Permit a principal to withdraw a student from advanced coursework 23
without written consent from his or her parent or guardian if the 24
student's participation in advanced coursework would have an adverse 25
educational impact on a student, including interference with his or her 26
career pathway, access to career and technical education coursew ork, or 27
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another educational opportunity. 1
(22) (a) The Kentucky Board of Education may promulgate administrative regulations 2
in accordance with KRS Chapter 13A to administer the provisions of 3
subsection (21) of this section. 4
(b) By December 1, 2025, the Ken tucky Department of Education, in 5
collaboration with local school districts, shall establish school district 6
recommendations for the consistent use of preliminary assessment data and 7
other criteria to identify students prepared for advanced coursework. 8
Section 12. KRS 160.345 is amended to read as follows: 9
(1) For the purpose of this section: 10
(a) ["Minority" means American Indian; Alaskan native; African -American; 11
Hispanic, including persons of Mexican, Puerto Rican, Cub an, and Central or 12
South American origin; Pacific islander; or other ethnic group 13
underrepresented in the school; 14
(b) ]"School" means an elementary or secondary educational institution that is 15
under the administrative control of a principal and is not a pr ogram or part of 16
another school. The term "school" does not include district -operated schools 17
that are: 18
1. Exclusively vocational -technical, special education, or preschool 19
programs; 20
2. Instructional programs operated in institutions or schools outside of the 21
district; or 22
3. Alternative schools designed to provide services to at -risk populations 23
with unique needs; 24
(b)[(c)] "Teacher" means any person for whom certification is required as a 25
basis of employment in the public schools of the state, with the exce ption of 26
principals and assistant principals; and 27
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(c)[(d)] "Parent" means: 1
1. A parent, stepparent, or foster parent of a student; or 2
2. A person who has legal custody of a student pursuant to a court order 3
and with whom the student resides. 4
(2) Each local board of education shall adopt a policy for implementing school -based 5
decision making in the district which shall include but not be limited to a 6
description of how the district's policies, including those developed pursuant to 7
KRS 160.340, have been amen ded to allow the professional staff members of a 8
school to be involved in the decision -making process as they work to meet 9
educational goals established in KRS 158.645 and 158.6451. The policy may 10
include a requirement that each school council make an annu al report at a public 11
meeting of the board describing the school's progress in meeting the educational 12
goals set forth in KRS 158.6451 and district goals established by the board. The 13
policy shall also address and comply with the following: 14
(a) Except as p rovided in paragraph (b)2. of this subsection, each participating 15
school shall form a school council composed of two (2) parents, three (3) 16
teachers, and the principal or administrator. The membership of the council 17
may be increased, but it may only be inc reased proportionately. A parent 18
representative on the council shall not be an employee or a relative of an 19
employee of the school in which that parent serves, nor shall the parent 20
representative be an employee or a relative of an employee in the district 21
administrative offices. A parent representative shall not be a local board 22
member or a board member's spouse. None of the members shall have a 23
conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 24
district employees; 25
(b) [1. ]The teacher representatives shall be elected for one (1) year 26
terms by a majority of the teachers. A teacher elected to a school 27
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council shall not be involuntarily transferred during the teacher 1
representative's term of office. The parent representatives shall be 2
elected for one (1) year terms. The parent members shall be 3
elected by the parents of students preregistered to attend the school 4
during the term of office in an election conducted by the parent 5
and teacher organization of the school or, if none exists, the largest 6
organization of parents formed for this purpose. Council elections 7
may allow voting to occur over multiple days and via electronic 8
means. A school council, once elected, may adopt a policy setting 9
different terms of office for parent and teacher members 10
subsequently elected. The principal shall be the chair of the school 11
council.[ 12
2. School councils in schools having eight percent (8%) or more 13
minority students enrolled, as determined by the enrollment on the 14
preceding October 1, shall have at lea st one (1) minority member. 15
If the council formed under paragraph (a) of this subsection does 16
not have a minority member, the principal, in a timely manner, 17
shall be responsible for carrying out the following: 18
a. Organizing a special election to elect an a dditional member. The 19
principal shall call for nominations and shall notify the parents of 20
the students of the date, time, and location of the election to elect a 21
minority parent to the council by ballot; and 22
b. Allowing the teachers in the building to sel ect one (1) minority 23
teacher to serve as a teacher member on the council. If there are no 24
minority teachers who are members of the faculty, an additional 25
teacher member shall be elected by a majority of all teachers. 26
Term limitations shall not apply for a minority teacher member 27
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who is the only minority on faculty;] 1
(c) 1. The school council shall have the responsibility to set school policy that 2
shall be consistent with district board policy and which shall provide an 3
environment to enhance the students' achievement and help the school 4
meet the goals established by KRS 158. 645 and 158.6451 and goals for 5
the district established by the board. The principal shall be the primary 6
administrator and the instructional leader of the school, and with the 7
assistance of the total school staff shall administer the policies 8
established by the school council and the local board. 9
2. If a school council establishes committees, it shall adopt a policy to 10
facilitate the participation of interested persons, including, but not 11
limited to, classified employees and parents. The policy shall include the 12
number of committees, their jurisdiction, composition, and the process 13
for membership selection; 14
(d) The school council and each of its committees shall determine the frequency 15
of and agenda for their meetings. Matters relating to formation of school 16
councils that are not provided for by this section shall be addressed by local 17
board policy; 18
(e) The meetings of the school council shall be open to the public and all 19
interested persons may attend. However, the exceptions to open meetings 20
provided in KRS 61.810 shall apply; 21
(f) After receiving notification of the funds available for the school from the local 22
board, the school council shall determine, within the parameters of the total 23
available funds, the number of persons to be employed in each job 24
classification at the school. The council may make personnel decisions on 25
vacancies occurring after the school council is formed but shall not have the 26
authority to recommend transfers or dismissals; 27
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(g) The local superintendent shall determine which curriculum , textbooks, 1
instructional materials, and student support services shall be provided in the 2
school after consulting with the local board of education, the school principal, 3
and the school council and after a reasonable review and response period for 4
stakeholders in accordance with local board of education policy. Subject to 5
available resources, the local board shall allocate an appropriation to each 6
school that is adequate to meet the school's needs related to instructional 7
materials and school -based studen t support services, as determined by the 8
school principal after consultation with the school council. The school council 9
shall consult with the school media librarian on the maintenance of the school 10
library media center, including the purchase of instruct ional materials, 11
information technology, and equipment; 12
(h) Personnel decisions at the school level shall be as follows: 13
1. From a list of qualified applicants submitted by the local superintendent, 14
the principal at the participating school shall select pe rsonnel to fill 15
vacancies, after consultation with the school council, consistent with 16
paragraph (i)11. of this subsection. The superintendent shall provide 17
additional applicants to the principal upon request when qualified 18
applicants are available. The su perintendent may forward to the school 19
principal the names of qualified applicants who have pending 20
certification from the Education Professional Standards Board based on 21
recent completion of preparation requirements, out -of-state preparation, 22
or alternati ve routes to certification pursuant to KRS 161.028 and 23
161.048. Requests for transfer shall conform to any employer -employee 24
bargained contract which is in effect; 25
2. If the vacancy to be filled is the position of principal: 26
a. The superintendent shall fil l the vacancy after consultation with 27
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the school council consistent with paragraph (i)11. of this 1
subsection; 2
b. Prior to consultation with the school council, each member shall 3
sign a nondisclosure agreement forbidding the disclosure of 4
information shared and discussions held during consultation; 5
c. A person who believes a violation of the nondisclosure agreement 6
referred to in subdivision b. of this subparagraph has occurred may 7
file a written complaint with the Kentucky Board of Education; 8
and 9
d. A school council member found to have violated the nondisclosure 10
agreement referred to in subdivision b. of this subparagraph may 11
be subject to removal from the school council by the Kentucky 12
Board of Education under subsection (9)(e) of this section; 13
3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be 14
filled is the position of principal in a county school district in a county 15
with a consolidated local government adopted under KRS Chapter 67C, 16
then: 17
a. The outgoing principal shall not serve on the council during the 18
principal selection process. The superintendent or the 19
superintendent's designee shall serve as the chair of the council for 20
the purpose of the hiring process and shall have voting rights 21
during the selection process; 22
b. The counc il shall have access to the applications of all persons 23
certified for the position. The principal shall be elected on a 24
majority vote of the membership of the council. The school 25
council shall receive training in recruitment and interviewing 26
techniques pri or to carrying out the process of selecting a 27
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principal. The council shall select the trainer to deliver the 1
training; and 2
c. Notwithstanding the requirement that a principal be elected by a 3
majority vote of the council, the selection of a principal shall be 4
subject to approval by the superintendent. If the superintendent 5
does not approve the principal selected by the council, then the 6
superintendent may select the principal; 7
4. No principal who has been previously removed from a position in the 8
district for cause may be considered for appointment as principal in that 9
district; 10
5. Personnel decisions made at the school level under the authority of 11
subparagraph 1. of this paragraph shall be binding on the superintendent 12
who completes the hiring process; 13
6. Applicants subsequently employed shall provide evidence that they are 14
certified prior to assuming the duties of a position in accordance with 15
KRS 161.020; and 16
7. Notwithstanding other provisions of this paragraph, if the applicant is 17
the spouse of the superi ntendent and the applicant meets the service 18
requirements of KRS 160.380(3)(a), the applicant shall only be 19
employed upon the recommendation of the principal and the approval of 20
a majority vote of the school council; 21
(i) The school council shall adopt a po licy that shall be consistent with local 22
board policy and shall be implemented by the principal in the following 23
additional areas: 24
1. Curriculum responsibilities under KRS 158.6453(19); 25
2. Assignment of all instructional and noninstructional staff time; 26
3. Assignment of students to classes and programs within the school; 27
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4. Determination of the schedule of the school day and week, subject to the 1
beginning and ending times of the school day and school calendar year 2
as established by the local board; 3
5. Determination of use of school space during the school day related to 4
improving classroom teaching and learning; 5
6. Planning and resolution of issues regarding instructional practices; 6
7. Selection and implementation of discipline and classroom management 7
techniques as a part of a comprehensive school safety plan, including 8
responsibilities of the student, parent, teacher, counselor, and principal; 9
8. Selection of extracurricular programs and determination of policies 10
relating to student participation based on academic qualifications and 11
attendance requirements, program evaluation, and supervision; 12
9. Adoption of an emergency plan as required in KRS 158.162; 13
10. Procedures, consistent with local school board policy, for determining 14
alignment with state stand ards, technology utilization, and program 15
appraisal; and 16
11. Procedures to assist the council with consultation in the selection of the 17
principal by the superintendent, and the selection of personnel by the 18
principal, including but not limited to meetings, timelines, interviews, 19
review of written applications, and review of references. Procedures 20
shall address situations in which members of the council are not 21
available for consultation; and 22
(j) Each school council shall annually review data as shown on sta te and local 23
student assessments required under KRS 158.6453. The data shall include but 24
not be limited to information on performance levels of all students tested, and 25
information on the performance of students disaggregated by race, gender, 26
disability, a nd participation in the federal free and reduced price lunch 27
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program. After completing the review of data, each school council, with the 1
involvement of parents, faculty, and staff, shall develop and adopt a plan to 2
ensure that each student makes progress t oward meeting the goals set forth in 3
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 4
to the superintendent and local board of education for review as described in 5
KRS 160.340. The Kentucky Department of Education shall provide ea ch 6
school council the data needed to complete the review required by this 7
paragraph no later than October 1 of each year. If a school does not have a 8
council, the review shall be completed by the principal with the involvement 9
of parents, faculty, and staff. 10
(3) The policies adopted by the local board to implement school-based decision making 11
shall also address the following: 12
(a) School budget and administration, including: discretionary funds; activity and 13
other school funds; funds for maintenance, supplie s, and equipment; and 14
procedures for authorizing reimbursement for training and other expenses; 15
(b) Assessment of individual student progress, including testing and reporting of 16
student progress to students, parents, the school district, the community, and 17
the state; 18
(c) School improvement plans, including the form and function of strategic 19
planning and its relationship to district planning, as well as the school safety 20
plan and requests for funding from the Center for School Safety under KRS 21
158.446; 22
(d) Professional development plans developed pursuant to KRS 156.095; 23
(e) Parent, citizen, and community participation including the relationship of the 24
council with other groups; 25
(f) Cooperation and collaboration within the district, with other districts, and with 26
other public and private agencies; 27
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(g) Requirements for waiver of district policies; 1
(h) Requirements for record keeping by the school council; and 2
(i) A process for appealing a decision made by a school council. 3
(4) In addition to the authority grant ed to the school council in this section, the local 4
board may grant to the school council any other authority permitted by law. The 5
board shall make available liability insurance coverage for the protection of all 6
members of the school council from liabili ty arising in the course of pursuing their 7
duties as members of the council. 8
(5) All schools shall implement school -based decision making in accordance with this 9
section and with the policy adopted by the local board pursuant to this section. 10
Upon favorable vote of a majority of the faculty at the school and a majority of at 11
least twenty -five (25) voting parents of students enrolled in the school, a school 12
meeting its goal as determined by the Department of Education pursuant to KRS 13
158.6455 may apply to th e Kentucky Board of Education for exemption from the 14
requirement to implement school -based decision making, and the state board shall 15
grant the exemption. The voting by the parents on the matter of exemption from 16
implementing school -based decision making s hall be in an election conducted by 17
the parent and teacher organization of the school or, if none exists, the largest 18
organization of parents formed for this purpose. Notwithstanding the provisions of 19
this section, a local school district shall not be requ ired to implement school -based 20
decision making if the local school district contains only one (1) school. 21
(6) The Department of Education shall provide professional development activities to 22
assist schools in implementing school -based decision making. Scho ol council 23
members elected for the first time shall complete a minimum of six (6) clock hours 24
of training in the process of school -based decision making, no later than thirty (30) 25
days after the beginning of the service year for which they are elected to s erve. 26
School council members who have served on a school council at least one (1) year 27
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shall complete a minimum of three (3) clock hours of training in the process of 1
school-based decision making no later than one hundred twenty (120) days after the 2
beginning of the service year for which they are elected to serve. Experienced 3
members may participate in the training for new members to fulfill their training 4
requirement. School council training required under this subsection shall be 5
conducted by trainers endorsed by the Department of Education. By November 1 of 6
each year, the principal through the local superintendent shall forward to the 7
Department of Education the names and addresses of each council member and 8
verify that the required training has been com pleted. School council members 9
elected to fill a vacancy shall complete the applicable training within thirty (30) 10
days of their election. 11
(7) A school that chooses to have school -based decision making but would like to be 12
exempt from the administrative st ructure set forth by this section may develop a 13
model for implementing school-based decision making, including but not limited to 14
a description of the membership, organization, duties, and responsibilities of a 15
school council. The school shall submit the m odel through the local board of 16
education to the commissioner of education and the Kentucky Board of Education, 17
which shall have final authority for approval. The application for approval of the 18
model shall show evidence that it has been developed by repre sentatives of the 19
parents, students, certified personnel, and the administrators of the school and that 20
two-thirds (2/3) of the faculty have agreed to the model. 21
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 22
education, sha ll adopt by administrative regulation a formula by which school 23
district funds shall be allocated to each school council. Included in the school 24
council formula shall be an allocation for professional development that is at least 25
sixty-five percent (65%) o f the district's per pupil state allocation for professional 26
development for each student in average daily attendance in the school. The school 27
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council shall plan professional development in compliance with requirements 1
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 2
small schools shall be encouraged to work with other school councils to maximize 3
professional development opportunities. 4
(9) (a) No board member, superintendent of schools, district employee, or member of 5
a schoo l council shall intentionally engage in a pattern of practice which is 6
detrimental to the successful implementation of or circumvents the intent of 7
school-based decision making to allow the professional staff members of a 8
school and parents to be involved in the decision making process in working 9
toward meeting the educational goals established in KRS 158.645 and 10
158.6451 or to make decisions in areas of policy assigned to a school council 11
pursuant to paragraph (i) of subsection (2) of this section. 12
(b) An affected party who believes a violation of this subsection has occurred 13
may file a written complaint with the Office of Education Accountability. The 14
office shall investigate the complaint and resolve the conflict, if possible, or 15
forward the matter to the Kentucky Board of Education. 16
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 17
KRS Chapter 13B for complaints referred by the Office of Education 18
Accountability. 19
(d) If the state board determines a violation has occurred, the party shall be 20
subject to reprimand. A second violation of this subsection may be grounds 21
for removing a superintendent or a member of a school council from office or 22
grounds for dismissal of an e mployee for misconduct in office or willful 23
neglect of duty. 24
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 25
state board determines a violation of the nondisclosure agreement required by 26
subsection (2)(h)2.b. of this section by a school council member has occurred, 27
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the state board shall remove the member from the school council, and the 1
member shall be permanently prohibited from serving on any school council 2
in the district. 3
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 4
maintain a school -based decision making council and the powers, duties, and 5
authority granted to a school council may be rescinded or the school council's role 6
may be advisory if the commissioner of education or the Kentucky Board of 7
Education takes action under KRS 160.346. 8
(11) Each school council of a school containing grades K -5 or any combination thereof, 9
or if there is no school council, the principal, shall develop and implement a 10
wellness policy that incl udes moderate to vigorous physical activity each day and 11
encourages healthy choices among students. The policy may permit physical 12
activity to be considered part of the instructional day, not to exceed thirty (30) 13
minutes per day, or one hundred and fifty (150) minutes per week. Each school 14
council, or if there is no school council, the principal, shall adopt an assessment tool 15
to determine each child's level of physical activity on an annual basis. The council 16
or principal may utilize an existing assessmen t program. The Kentucky Department 17
of Education shall make available a list of available resources to carry out the 18
provisions of this subsection. The department shall report to the Legislative 19
Research Commission no later than November 1 of each year on h ow the schools 20
are providing physical activity under this subsection and on the types of physical 21
activity being provided. The policy developed by the school council or principal 22
shall comply with provisions required by federal law, state law, or local boa rd 23
policy. 24
Section 13. KRS 160.352 is amended to read as follows: 25
(1) [For purposes of this section the term "minority" means American Indian; Alaskan 26
native; African-American; Hispanic, including persons of Mexican, Pue rto Rican, 27
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Cuban, and Central or South American origin; Pacific islander; or other ethnic 1
group underrepresented in a local school district. 2
(2) ]Each board of education shall appoint a superintendent of schools after receiving 3
the recommendations of a scr eening committee. A screening committee shall be 4
established within thirty (30) days of a determination by a board of education that a 5
vacancy has occurred or will occur in the office of superintendent, except that when 6
the board determines a vacancy will not occur before six (6) months from the date 7
of determination, the board shall establish a screening committee at least ninety 8
(90) days before the first date on which the position may be filled. 9
(2)[(3)] A screening committee shall be composed of: 10
(a) Two (2) teachers, elected by the teachers in the district; 11
(b) One (1) board of education member, appointed by the board chairman; 12
(c) One (1) principal, elected by the principals in the district; 13
(d) One (1) parent, elected by the presidents of the parent-teacher organizations of 14
the schools in the district; and 15
(e) One (1) classified employee, elected by the classified employees in the 16
district[; and 17
(f) If a minority member is not elected or appointed to a screening committee in 18
districts with a minority p opulation of eight percent (8%) or more, as 19
determined by the enrollment on the preceding October 1, the committee 20
membership shall be increased to include one (1) minority parent. This 21
minority parent member shall be elected by the parents in an election 22
conducted by the local school board. Parents in the district shall be given 23
adequate notice of the date, time, place, and purpose of the election]. 24
(3)[(4)] Prior to appointing a superintendent of schools, the board of education shall 25
consider the recommen dations of the screening committee, but the board shall not 26
be required to appoint a superintendent from the committee's recommendations. 27
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Section 14. KRS 161.167 is amended to read as follows: 1
(1) By January 1, 2001, the Kentucky Department of Education, with help from 2
representatives of the Education Professional Standards Board, the Council on 3
Postsecondary Education, the Kentucky Higher Education Assistance Authority, the 4
Association of Independent Kentucky Colleges an d Universities, public and private 5
not-for-profit postsecondary institutions, and local educational agencies, shall 6
develop a plan, including timelines for implementation, for a multidimensional 7
recruitment and information program, to encourage persons to enter the teaching 8
profession and to seek employment in Kentucky. 9
(2) [The program shall not supplant or diminish current efforts required in KRS 10
161.165. 11
(3) ]The components of the program shall include: 12
(a) Early recruitment programs to inform middle and high school students about 13
the potential of teaching as a career; 14
(b) Programs to encourage paraprofessionals in schools, as well as other 15
nontraditional students, to pursue additional education to become teachers; 16
(c) Programs to enlist highly skilled ca reer employees in specific content areas to 17
pursue teaching as a second career; 18
(d) Options for recruiting persons with liberal arts and sciences majors and 19
current students with nondeclared majors into nontraditional and accelerated 20
teacher preparation programs; 21
(e) Marketing strategies for informing the public of the importance of high 22
quality teaching to student achievement, the value of teachers to society as a 23
whole, the benefits and rewards of teaching, and the options for entering 24
teacher preparation, including scholarship information; and 25
(f) Expanding the Kentucky Department of Education's electronic bulletin board 26
for certified vacancies in local school districts to include an option for 27
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potential teachers to voluntarily post their availability for education positions 1
within the state. 2
(3)[(4)] No later than March 15, 2001, the Department of Education shall present a 3
status report of the rec ruitment and information program to the Interim Joint 4
Committee on Education; and no later than October 15, 2001, the Department of 5
Education shall present to the Interim Joint Committee on Education and the 6
Interim Joint Committee on Appropriations and Re venue a summary report with 7
recommendations. 8
Section 15. The following KRS sections are repealed: 9
156.500 Appointments to reflect reasonable minority representation. 10
161.165 Recruitment of minority teachers. 11
Section 16. (1) Each school district shall: 12
(a) No later than June 30, 2026, review its organizational str ucture and existing 13
contracts related to diversity, equity, and inclusion initiatives to ensure compliance with 14
the requirements of Section 2 of this Act, eliminate all diversity, equity, and inclusion 15
initiatives and diversity, equity, and inclusion offic es, and terminate or transfer all 16
diversity, equity, and inclusion officers, as those terms are defined in Section 1 of this 17
Act. A school district may only transfer a diversity, equity, and inclusion officer to 18
another position within the district if: 19
1. The new position is open and existed prior to January 1, 2026; 20
2. The transferred individual is qualified for the new position; and 21
3. The duties of the new position comply with Section 2 of this Act; 22
(b) No later than August 30, 2026, report the following information for each 23
former diversity, equity, and inclusion officer employed by the school district at any 24
point between January 1, 2026, and the effective date of this Act who is transferred, 25
reassigned, or rehired by the school district prior to August 30, 2026, to the Legislative 26
Research Commission for referral to the appropriate interim joint committee: 27
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1. Full name; 1
2. Present job title, duty station, and salary or wages; 2
3. Former job title, duty station, and salary or wages; and 3
4. Any amount of additional compensation paid to the individual upon 4
reassignment, transfer, termination, or rehire; 5
(c) Review all trainings, orientations, or similar programming related to diversity, 6
equity, and inclusion to ensure compliance with Section 2 of this Act . A school district 7
and the Kentucky Department of Education shall promptly terminate the use of a 8
diversity, equity, and inclusion training that violates Section 2 of this Act. If the training, 9
orientation, or similar programing is offered through a third party, such as a contractor, 10
the school district shall promptly: 11
1. Terminate any contract with the third party, consistent with applicable law 12
and administrative regulations; and 13
2. Evaluate whether to permanently bar the third party from contracts, cons istent 14
with applicable law and administrative regulations; and 15
(d) No later than August 30, 2026, submit a report to the Legislative Research 16
Commission and the Attorney General on its compliance with this section and Sections 2 17
and 4 of this Act that cert ifies the status of its compliance, the steps taken to achieve 18
compliance, and the guardrails put in place to ensure future compliance. 19
(2) Each school district shall submit the reports required by subsections (1)(b) 20
and (1)(d) of this section to the Kentucky Department of Education. The department shall 21
publish each report submitted by a school district to a central location on the department's 22
website. If a school district fails to submit a report as required by this section, that fact 23
shall be clearly notated on that same website. The department shall investigate any failure 24
to report, and submit a report of any noncompliance to the Legislative Research 25
Commission for referral to the appropriate interim joint committee no later than October 26
1, 2026. 27
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(3) The Attorney General may bring a civil action for a writ of mandamus to 1
compel a school district to comply with this section. 2
Section 17. (1) The Kentucky Department of Education shall: 3
(a) No later than June 30, 2026, eliminate any diversity, equity, and inclusion 4
offices and terminate or transfer all diversity, equity, and inclusion officers. The 5
department may only transfer an employee to another position within the department if: 6
1. The new position is open and existed prior to January 1, 2026; 7
2. The transferred individual is qualified for the new position; and 8
3. The duties of the new position comply with Section 2 of this Act; 9
(b) No later than August 30, 2026, report the following information for each 10
former employee employed by the department at any point between January 1, 2026, and 11
the effective date of this Act who is terminated or transferred under paragraph (a) of this 12
subsection and is transferred, reassigned, or rehired by the department prior to August 30, 13
2026, to the Legislative Research Commission for referral to the appropriate interim joint 14
committee: 15
1. Full name; 16
2. Present job title, duty station, and salary or wages; 17
3. Former job title, duty station, and salary or wages; and 18
4. Any amount of add itional compensation paid to the individual upon 19
reassignment, transfer, termination, or rehire; 20
(c) Review all trainings, orientations, or similar programming related to diversity, 21
equity, and inclusion to ensure compliance with Section 2 of this Act and promptly 22
terminate the use or promotion of any diversity, equity, and inclusion training that 23
violates Section 2 of this Act. If the training, orientation, or similar programing is offered 24
through a third party, such as a contractor, the department shall promptly: 25
1. Terminate any contract with the third party, consistent with applicable law 26
and administrative regulations; and 27
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2. Evaluate whether to permanently bar the third party from contracts, consistent 1
with applicable law and administrative regulations; 2
(d) No later than August 1, 2026, submit a report to the Legislative Research 3
Commission and the Attorney General on its compliance with this section and Sections 2 4
and 3 of this Act that certifies the status of its compliance, the steps taken to achieve 5
compliance, and the guardrails put in place to ensure future compliance; and 6
(e) Publish the report s required by paragraphs (b) and (d) of this subsection to a 7
central location on the department's website. 8
(2) The Attorney General may bring a civil action for a writ of mandamus to 9
compel the Kentucky Department of Education to comply with this section. 10
Section 18. (1) Each cooperative board, as defined in Section 1 of this Act, 11
shall: 12
(a) No later than June 30, 2026, eliminate any diversity, equity, and inclusion 13
office, as defined in Section 1 of this Act, and terminate or transfer all employees of those 14
offices and all diversity, equity, and inclusion officers, as defined in Section 1 of this Act. 15
A cooperative board may only transfer an employee to another position within the 16
cooperative board if: 17
1. The new position is open and existed prior to January 1, 2026; 18
2. The transferred individual is qualified for the new position; and 19
3. The duties of the new position comply with Section 2 of this Act; 20
(b) No later than August 30, 2026, report the following information f or each 21
former employee employed by the cooperative board at any point between January 1, 22
2026, and the effective date of this Act who is terminated or transferred under paragraph 23
(a) of this subsection and is transferred, reassigned, or rehired by the coo perative board 24
prior to August 30, 2026, to the Legislative Research Commission for referral to the 25
appropriate interim joint committee: 26
1. Full name; 27
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2. Present job title, duty station, and salary or wages; 1
3. Former job title, duty station, and salary or wages; and 2
4. Any amount of additional compensation paid to the individual upon 3
reassignment, transfer, termination, or rehire; 4
(c) Review all trainings, orientations, or similar programming related to diversity, 5
equity, and inclusion to ensure complia nce with Section 2 of this Act and promptly 6
terminate the use or promotion of any diversity, equity, and inclusion training that 7
violates Section 2 of this Act. If the training, orientation, or similar programing is offered 8
through a third party, such as a contractor, the department shall promptly: 9
1. Terminate any contract with the third party, consistent with applicable law 10
and administrative regulations; and 11
2. Evaluate whether to permanently bar the third party from contracts, consistent 12
with applicable law and administrative regulations; 13
(d) No later than August 1, 2026, submit a report to the Legislative Research 14
Commission and the Attorney General on its compliance with this section and Section 2 15
of this Act that certifies the status of its complianc e, the steps taken to achieve 16
compliance, and the guardrails put in place to ensure future compliance; and 17
(e) Publish the reports required by paragraphs (b) and (d) of this subsection to a 18
central location on the department's website. 19
(2) The Attorney Gen eral may bring a civil action for a writ of mandamus to 20
compel the cooperative board to comply with this section. 21
Section 19. This Act may be cited as the Kentucky Education Equality 22
Protection Act or the KEEP Act. 23
Section 20. Section 3 of this Act takes effect February 1, 2027. 24
Section 21. Section 11 of this Act takes effect July 1, 2026. 25
Section 22. Whereas the G eneral Assembly is committed to honoring the 26
constitutional promise of equal protection under the law, regardless of color, creed, race, 27
UNOFFICIAL COPY 26 RS BR 1149
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ethnicity, sex, age, marital status, familial status, disability, religion, and national origin, 1
an emergency is declared to exist, and Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 2
17, 18, and 19 of this Act take effect upon its passage and approval by the Governor or 3
upon its otherwise becoming a law. 4