AN ACT relating to school transportation and declaring an emergency.

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AN ACT relating to school transportation and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.153 is amended to read as follows: 3
(1) (a) All school buses for which bids are made or bid contracts awarded shall meet 4
the standards and specifications of the Kentucky Department of Education. 5
The term "school bus," as used in this section, shall mean any motor vehicle 6
which meets the standards an d specifications for school buses as provided by 7
law or by the standards or specifications of the Kentucky Department of 8
Education authorized by law and used solely in transporting school children 9
and school employees to and from school under the supervisi on and control 10
and at the direction of school authorities, and shall further include school bus 11
accessory equipment and supplies and replacement equipment considered to 12
be reasonably adaptable for purchase from price contract agreements. 13
(b) The standards and specifications for accessory equipment and supplies and 14
replacement equipment under paragraph (a) of this subsection shall be based 15
on federal safety standards and shall not discriminate among manufacturers 16
unless the Kentucky Department of Education f inds evidence that a specific 17
manufacturer's product is defective or dangerous to use.[ 18
(c) The Kentucky Department of Education shall provide the list of standards and 19
specifications for accessory equipment and supplies and replacement 20
equipment to the Fi nance and Administration Cabinet for the purposes of 21
maintaining the price contract list required under KRS 45A.489.] 22
(2) School buses shall be clearly marked as transporting students and shall undergo a 23
safety inspection no less than once every thirty (30) days. 24
(3) (a) Districts may also use vehicles owned, leased, or contracted by the district 25
that were designed and built by the manufacturer for passenger transportation 26
of ten (10)[nine (9)] or fewer passengers, including the driver, for transporting 27
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students to and from school along regular bus routes and approved school 1
activities[ under an alternative transportation plan approved by the Kentucky 2
Department of Education]. 3
(b) Non-school bus passenger vehicles used under this subsection shall be clearly 4
marked as transporting students and undergo a safety inspection no less than 5
once every thirty (30) days. However, non -school bus passenger vehicles that 6
are not for daily use shall not be required to be inspected more frequently than 7
once every three (3) months. 8
(c) Non-school bus passenger vehicles used under this subsection shall be 9
operated by an employee or contractor of a local school district that has a 10
valid Class D operator's license. An individual that operates a non -school bus 11
passenger vehicle to transport a student or students without a current valid 12
license required by this paragraph shall be subject to the penal ties set forth in 13
KRS 156.990(4). 14
(d) The Kentucky Board of Education shall promulgate administrative regulations 15
in accordance with KRS Chapter 13A to establish: 16
1. Minimum standards and specifications for non -school bus passenger 17
vehicles used under this subsection, including a standard for minimum 18
insurance coverage; 19
2. Minimum route safety standards and pick -up and drop-off protocols for 20
transporting students to and from school along a regular bus 21
route[pupil transportation] using non-school bus passenger vehicles that 22
prohibit non-school bus passenger vehicles from depositing a student at 23
a location that would require the student to cross a road or intersection 24
to reach the student's destination;[ and] 25
3. a. Minimum qualifications, training, and drug te sting requirements 26
for an individual to be authorized to transport any student [ to and 27
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from school ] using a non -school bus passenger vehicle owned, 1
leased, or contracted by a school district. 2
b. The minimum requirements for an individual authorized to 3
transport students to and from approved school activities shall: 4
i. Require an individual to possess a valid driver's license and 5
identify any moving violations that would disqualify an 6
individual from being authorized to transport any student 7
in a non-school bus passenger vehicle; 8
ii. Include an initial three (3) hour training and a basic first 9
aid and cardiopulmonary resuscitation training; and 10
iii. Include[. The] drug testing requirements that shall require 11
an individual to submit to drug testing consistent , to the 12
greatest extent practicable, with the requirements of 49 13
C.F.R. pt. 40 [ to be authorized to transport students to and 14
from school using a non-school bus passenger vehicle]. 15
c. The minimum requirements for an individual transporting 16
students along a regular bus route: 17
i. Shall include the requirements for an individual authorized 18
to transport students to and from approved school 19
activities; and 20
ii. May include additional requirements deemed necessary. 21
d. A local board of education may establish addi tional 22
qualifications, training, and drug testing requirements for an 23
individual to be authorized to transport any student in a non -24
school bus passenger vehicle. 25
(e) The transportation of a student pursuant to an agreement between a school 26
district and a parent to reimburse the parent for arranging transportation of 27
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his or her own child to and from school or approved school activities shall 1
not be subject to any requirement imposed pursuant to this section. 2
(4) As part of its regular procedure for establish ing and updating standards and 3
specifications for school buses and non -school bus passenger vehicles, the 4
Kentucky Department of Education shall consider allowing school buses to operate 5
using clean transportation fuels, as defined in KRS 186.750. If the d epartment 6
determines that school buses or non -school bus passenger vehicles may operate 7
using clean transportation fuels while maintaining the same or a higher degree of 8
safety as fuels currently allowed, it shall update its standards and specifications to 9
allow for such use. 10
Section 2. KRS 160.380 is amended to read as follows: 11
(1) As used in this section: 12
(a) "Administrative finding of child abuse or neglect" means a substantiated 13
finding of child abuse or neglect issue d by the Cabinet for Health and Family 14
Services that is: 15
1. Not appealed through an administrative hearing conducted in 16
accordance with KRS Chapter 13B; 17
2. Upheld at an administrative hearing conducted in accordance with KRS 18
Chapter 13B and not appealed to a Circuit Court; or 19
3. Upheld by a Circuit Court in an appeal of the results of an 20
administrative hearing conducted in accordance with KRS Chapter 13B; 21
(b) "Alternative education program" means a program that exists to meet the 22
needs of students that cannot be addressed in a traditional classroom setting 23
but through the assignment of students to alternative classrooms, centers, or 24
campuses that are designed t o remediate academic performance, improve 25
behavior, or provide an enhanced learning experience. Alternative education 26
programs do not include career or technical centers or departments; 27
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(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 1
Services indicating that there are no administrative findings of child abuse or 2
neglect relating to a specific individual; 3
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 4
daughter; and 5
(e) "Vacancy" means any certified p osition opening created by the resignation, 6
dismissal, nonrenewal of contract, transfer, or death of a certified staff 7
member of a local school district, or a new position created in a local school 8
district for which certification is required. However, if an employer-employee 9
bargained contract contains procedures for filling certified position openings 10
created by the resignation, dismissal, nonrenewal of contract, transfer, or 11
death of a certified staff member, or creation of a new position for which 12
certification is required, a vacancy shall not exist, unless certified positions 13
remain open after compliance with those procedures. 14
(2) Except as provided in KRS 160.346, the school district personnel actions identified 15
in this section shall be carried out as follows: 16
(a) All appointments, promotions, and transfers of principals, supervisors, 17
teachers, and other public school employees shall be made only by the 18
superintendent of schools, who shall notify the board of the action taken. All 19
employees of the local district shall have the qualifications prescribed by law 20
and by the administrative regulations of the Kentucky Board of Education and 21
of the employing board. Supervisors, principals, teachers, and other 22
employees may be appointed by the superintendent for any school year at any 23
time after February 1 preceding the beginning of the school year. No 24
superintendent of schools shall appoint or transfer himself or herself to 25
another position within the school district; 26
(b) When a vacancy occurs in a local school district, the superintendent shall 27
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submit the job posting to the statewide job posting system described in KRS 1
160.152 fifteen (15) days before the position shall be filled. The local school 2
district shall post position openings in the local board office f or public 3
viewing; 4
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 5
prevent disruption of necessary instructional or support services of the school 6
district, the superintendent may seek a waiver from the chief state school 7
officer outside of the process established in KRS 156.161. If the waiver is 8
approved, the appointment shall not be made until the person recommended 9
for the position has been approved by the chief state school officer. The chief 10
state school officer shall resp ond to a district's request for waiver or for 11
approval of an appointment within two (2) working days; and 12
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 13
search to locate minority teachers to be considered for the position . The 14
superintendent shall, pursuant to administrative regulations of the Kentucky 15
Board of Education, report annually the district's recruitment process and the 16
activities used to increase the percentage of minority teachers in the district. 17
(3) Restrictions on employment of relatives shall be as follows: 18
(a) No relative of a superintendent of schools shall be an employee of the school 19
district. However, this shall not apply to a relative who is a classified or 20
certified employee of the school district for at least thirty -six (36) months 21
prior to the superintendent assuming office and who is qualified for the 22
position the employee holds. A superintendent's spouse who has previously 23
been employed in a school system may be an employee of the school district. 24
A superintendent's spouse who is employed under this provision shall not hold 25
a position in which the spouse supervises certified or classified employees. A 26
superintendent's spouse may supervise teacher aides and student teachers. 27
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However, the superintende nt shall not promote a relative who continues 1
employment under an exception of this subsection; 2
(b) No superintendent shall employ a relative of a school board member of the 3
district; 4
(c) No principal's relative shall be employed in the principal's school; and 5
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 6
this subsection may be employed as a substitute for a certified or classified 7
employee if the relative is not: 8
1. A regular full-time or part-time employee of the district; 9
2. Accruing continuing contract status or any other right to continuous 10
employment; 11
3. Receiving fringe benefits other than those provided other substitutes; or 12
4. Receiving preference in employment or assignment over other 13
substitutes. 14
(4) No superintendent shall assign a certified or classified staff person to an alternative 15
education program as part of any disciplinary action taken pursuant to KRS 161.011 16
or 161.790 as part of a corrective action plan established pursuant to the local 17
district evaluation plan. 18
(5) No superintendent shall employ in any position in the district any person who: 19
(a) Has been convicted of an offense that would classify a person as a violent 20
offender under KRS 439.3401; 21
(b) Has been convicted of a sex crime as defined by KRS 17.500 or a 22
misdemeanor offense under KRS Chapter 510; 23
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 24
(d) Has an administrative finding of child abuse or neglect in records maintained 25
by the Cabinet for Health and Family Services. 26
(6) Requirements for background checks shall be as follows: 27
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(a) A superintendent shall require the following individuals to submit to a 1
national and state criminal background check by the Department of Kentucky 2
State Police and the Federal Bureau of Investigation and have a clear CA/N 3
check, provided by the individual: 4
1. Each new certified or classified hire; 5
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 6
161.185; 7
3. A student teacher; 8
4. A school-based decision making council parent member; and 9
5. Any adult who is permitted access to school grounds on a regularly 10
scheduled and continuing basis pursuant to a written agreement for the 11
purpose of providing services directly to a student or st udents as part of 12
a school-sponsored program or activity; 13
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 14
a. Classified and certified individuals employed by the school district 15
prior to June 27, 2019; 16
b. Certified individua ls who were employed in another certified 17
position in a Kentucky school district within six (6) months of the 18
date of hire and who had previously submitted to a national and 19
state criminal background check and who have a clear CA/N check 20
for the previous employment; or 21
c. Student teachers who have submitted to and provide a copy of a 22
national and state criminal background check by the Department 23
of Kentucky State Police and the Federal Bureau of Investigation 24
through an accredited teacher education institut ion in which the 25
student teacher is enrolled and who have a clear CA/N check. 26
2. The Education Professional Standards Board may promulgate 27
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administrative regulations to impose additional qualifications to meet 1
the requirements of Pub. L. No. 92-544; 2
(c) A parent member may serve prior to the receipt of the criminal history 3
background check and CA/N letter required by paragraph (a) of this 4
subsection but shall be removed from the council on receipt by the school 5
district of a report documenting a record of abuse or neglect, or a sex crime or 6
criminal offense against a victim who is a minor as defined in KRS 17.500, or 7
as a violent offender as defined in KRS 17.165, and no further procedures 8
shall be required; 9
(d) A superintendent may require a volunteer or a visitor to submit to a national 10
and state criminal history background check by the Department of Kentucky 11
State Police and the Federal Bureau of Investigation and have a clear CA/N 12
check, provided by the individual; and 13
(e) The superintendent [ of a school district operating under an alternative 14
transportation plan approved by the Kentucky Department of Education in 15
accordance with KRS 156.153(3)] shall require any[the] driver of any non -16
school bus passenger vehicle authorized to transport students to and fr om 17
school along a regular bus route [pursuant to the alternative transportation 18
plan] who does not have a valid commercial driver's license issued in 19
accordance with KRS Chapter 281A with an "S" endorsement to: 20
1. Submit to a national and state criminal bac kground check by the 21
Department of Kentucky State Police and the Federal Bureau of 22
Investigation at least once every three (3) years and a criminal records 23
check conducted in accordance with KRS 27A.090 in all other years; 24
2. Submit to drug testing consist ent with the administrative regulations 25
promulgated in accordance with Section 1 of this Act [requirements of 26
49 C.F.R. pt. 40]; 27
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3. Provide a copy of a valid driver's license and a biannual driving history 1
record check performed by the Transportation Cabine t that does not 2
include a disqualifying moving violation; 3
4. Provide an annual clear CA/N check; 4
5. Immediately notify the superintendent of any conviction for a violation 5
under KRS Chapter 189 for which penalty points are assessed; and 6
6. Immediately noti fy the superintendent of any citation or arrest for a 7
violation of any provision of KRS Chapter 189A. The superintendent 8
shall inform the Kentucky Department of Education of the notification. 9
(f) The superintendent shall require any driver of any non -school bus 10
passenger vehicle authorized to transport students to and from approved 11
school activities who does not have a valid commercial driver's license with 12
an "S" endorsement issued in accordance with KRS Chapter 281A to: 13
1. Submit to a state criminal recor ds check from the Justice and Public 14
Safety Cabinet or the Administrative Office of the Courts, or both, in 15
accordance with KRS 17.160(1) prior to being authorized and 16
annually thereafter; 17
2. Submit to drug testing consistent with the administrative regula tions 18
promulgated in accordance with Section 1 of this Act; 19
3. Provide a copy of a valid driver's license and a driving history record 20
check performed by the Transportation Cabinet that does not include 21
a disqualifying moving violation prior to being auth orized and in 22
accordance with school district policy thereafter; 23
4. Immediately notify the superintendent of any conviction for a violation 24
under KRS Chapter 189 for which penalty points are assessed; and 25
5. Immediately notify the superintendent of any cit ation or arrest for a 26
violation of any provision of KRS Chapter 189A. The superintendent 27
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shall inform the Kentucky Department of Education of the 1
notification. 2
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 3
vacancy occ urs during a school term, a superintendent may employ an 4
individual, who will have supervisory or disciplinary authority over minors, 5
on probationary status pending receipt of the criminal history background 6
check and a clear CA/N check, provided by the individual. Application for the 7
criminal record and a request for a clear CA/N check of a probationary 8
employee shall be made no later than the date probationary employment 9
begins. 10
(b) Employment shall be contingent on the receipt of the criminal history 11
background check documenting that the probationary employee has no record 12
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 13
of a letter, provided by the individual, from the Cabinet for Health and Family 14
Services stating the employee is clear to hire based on no administrative 15
findings of child abuse or neglect found through a background check of child 16
abuse and neglect records maintained by the Cabinet for Hea lth and Family 17
Services. 18
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 19
probationary employment under this section shall terminate on receipt by the 20
school district of a criminal history background check documenting a reco rd 21
of a sex crime or as a violent offender as defined in KRS 17.165 and no 22
further procedures shall be required. 23
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 24
employee on the basis of a criminal record other than a record of a sex crime or as a 25
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 26
showing an administrative finding of child abuse or neglect. 27
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(9) (a) All fingerprints requested under this section shall be on an applicant 1
fingerprint c ard provided by the Department of Kentucky State Police. The 2
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 3
from the Department of Kentucky State Police after a state criminal 4
background check is conducted. The results of the s tate and federal criminal 5
background check shall be sent to the hiring superintendent. Any fee charged 6
by the Department of Kentucky State Police, the Federal Bureau of 7
Investigation, and the Cabinet for Health and Family Services shall be an 8
amount no gre ater than the actual cost of processing the request and 9
conducting the search. 10
(b) Each application form, provided by the employer to an applicant for a 11
certified or classified position, shall conspicuously state the following: "FOR 12
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 13
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 14
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 15
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 16
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 17
NEGLECT FOUND THROU GH A BACKGROUND CHECK OF CHILD 18
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 19
FOR HEALTH AND FAMILY SERVICES." 20
(c) Each application form for a district position shall require the applicant to: 21
1. Identify the states in which he or she has maintained r esidency, 22
including the dates of residency; and 23
2. Provide picture identification. 24
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 25
when an employee of the school district is charged with any offense which is 26
classified as a felony, the superintendent may transfer the employee to a second 27
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position until such time as the employee is found not guilty, the charges are 1
dismissed, the employee is terminated, or the superintendent determines that further 2
personnel action is not required. The employee shall continue to be paid at the same 3
rate of pay he or she received prior to the transfer. If an employee is charged with 4
an offense outside of the Commonwealth, this provision may also be applied if the 5
charge would have been trea ted as a felony if committed within the 6
Commonwealth. Transfers shall be made to prevent disruption of the educational 7
process and district operations and in the interest of students and staff and shall not 8
be construed as evidence of misconduct. 9
(11) Notwithstanding any law to the contrary, each certified and classified employee of 10
the school district shall notify the superintendent if he or she has been found by the 11
Cabinet for Health and Family Services to have abused or neglected a child, and if 12
he or s he has waived the right to appeal a substantiated finding of child abuse or 13
neglect or if the substantiated incident was upheld upon appeal. Any failure to 14
report this finding shall result in the certified or classified employee being subject 15
to dismissal or termination. 16
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 17
Health and Family Services website. 18
Section 3. There being a desperate need for individuals to transport students to 19
and from approved school activities, an emergency is declared to exist, and this Act takes 20
effect upon its passage and approval by the Governor or upon its otherwise becoming a 21
law. 22