SB 181 — AN ACT relating to schools and declaring an emergency.

Page 78 of 468 XXXXSB018110.100 1/6/2026- 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (b)- AbstinenceXXXX from1/27/2026 sexual4:38 activityPM isGA the only certain way to avoid unintended pregnancy, sexually transmitted diseases, and other associated health problems;

(c) The best way to avoid sexually transmitted diseases and other associated health problems is to establish a permanent mutually faithful monogamous relationship;

(d) A policy to respect parental rights by ensuring that:

1.

[Except as provided in subsection (4)(b) of this section, ]Children in grade five (5) and below do not receive any instruction through curriculum or programs on human sexuality or sexually transmitted diseases;

or 2.

Any child, regardless of grade level, enrolled in the district does not receive any instruction or presentation that has a goal or purpose of students studying or exploring gender identity, gender expression, or sexual orientation;

and (e) A policy to notify a parent in advance and obtain the parent's written consent before the parent's child in grade six (6) or above receives any instruction through curriculum or programs on human sexuality or sexually transmitted diseases authorized in this section.

(2) Any course, curriculum, or program offered by a public school on the subject of human sexuality provided by school personnel or by third parties authorized by the school shall:

(a) Except as provided in subsection (4) of this section, provide an alternative course, curriculum, or program without any penalty to the student's grade or standing for students whose parents have not provided written consent as required in subsection (1)(e) of this section;

(b) Be subject to an inspection by parents of participating students that allows Page 8 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 parents to review the following materials:

1.

Curriculum;

2.

Instructional materials;

3.

Lesson plans;

4.

Assessments or tests;

5.

Surveys or questionnaires;

6.

Assignments;

and 7.

Instructional activities;

(c) Be developmentally appropriate;

and (d) Be limited to a curriculum that has been subject to the reasonable review and response by stakeholders in conformity with this subsection and KRS 160.345(2).

(3) Except as provided in subsection (4) of this section, a public school offering any course, curriculum, or program on the subject of human sexuality shall provide notification to the parents of a student at least two (2) weeks prior to the student's planned participation in the course, curriculum, or program.

The notification shall:

(a) Inform the parents of the provisions of subsection (2) of this section;

(b) Provide the date the course, curriculum, or program is scheduled to begin;

(c) Detail the process for a parent to review the materials outlined in subsection (2) of this section;

(d) Explain the process for a parent to provide written consent for the student's participation in the course, curriculum, or program;

and (e) Provide the contact information for the teacher or instructor of the course, curriculum, or program and a school administrator designated with oversight.

(4) Each public school shall provide age-appropriate instruction on child sexual abuse to all students regardless of grade level through curriculum or programs in accordance with the standards set forth by the National Children's Alliance and Page 9 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 approved by the Children's Advocacy Centers of Kentucky.

This instruction shall not be subject to the requirements of subsections (2)(a) and (3) of this section.

(5) Nothing in this section shall prohibit school personnel from:

(a) Discussing human sexuality, including the sexuality of any historic person, group, or public figure, where the discussion provides necessary context in relation to a topic of instruction from a curriculum approved pursuant to KRS 160.345;

or (b) [Providing age-appropriate instruction on child sexual abuse through curriculum or programs in accordance with the standards set forth by the National Children's Alliance and approved by the Children's Advocacy Centers of Kentucky, regardless of grade level;

or (c) ]Responding to a question from a student during class regarding human sexuality as it relates to a topic of instruction from a curriculum approved pursuant to KRS 160.345.

SECTION 3.

A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO READ AS FOLLOWS:

A public school district or public charter school shall not enter into a nondisclosure agreement relating to misconduct involving a minor or student, including but not limited to:

(1) Unauthorized electronic communication as defined in Section 1 of this Act;

or (2) Abusive conduct as defined in Section 4 of this Act.

Section 4.

KRS 160.380 is amended to read as follows:

(1) As used in this section:

(a) "Abusive conduct" means sexual misconduct and conduct subject to mandatory reporting under KRS 620.030 that involves a minor or student;

(b) "Administrative finding of child abuse or neglect" means a substantiated finding of child abuse or neglect issued by the Cabinet for Health and Family Page 10 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 Services that is:

1.

Not appealed through an administrative hearing conducted in accordance with KRS Chapter 13B;

2.

Upheld at an administrative hearing conducted in accordance with KRS Chapter 13B and not appealed to a Circuit Court;

or 3.

Upheld by a Circuit Court in an appeal of the results of an administrative hearing conducted in accordance with KRS Chapter 13B;

(c)[(b)] "Alternative education program" means a program that exists to meet the needs of students that cannot be addressed in a traditional classroom setting but through the assignment of students to alternative classrooms, centers, or campuses that are designed to remediate academic performance, improve behavior, or provide an enhanced learning experience.

Alternative education programs do not include career or technical centers or departments;

(d)[(c)] "Clear CA/N check" means a letter from the Cabinet for Health and Family Services indicating that there are no administrative findings of child abuse or neglect relating to a specific individual;

(e)[(d)] "Relative" means father, mother, brother, sister, husband, wife, son and daughter;

and (f)[(e)] "Vacancy" means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school district, or a new position created in a local school district for which certification is required.

However, if an employer- employee bargained contract contains procedures for filling certified position openings created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member, or creation of a new position for which certification is required, a vacancy shall not exist, unless certified positions remain open after compliance with those procedures.

Page 11 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (2) Except as provided in KRS 160.346, the school district personnel actions identified in this section shall be carried out as follows:

(a) All appointments, promotions, and transfers of principals, supervisors, teachers, and other public school employees shall be made only by the superintendent of schools, who shall notify the board of the action taken.

All employees of the local district shall have the qualifications prescribed by law and by the administrative regulations of the Kentucky Board of Education and of the employing board.

Supervisors, principals, teachers, and other employees may be appointed by the superintendent for any school year at any time after February 1 preceding the beginning of the school year.

No superintendent of schools shall appoint or transfer himself or herself to another position within the school district;

(b) When a vacancy occurs in a local school district, the superintendent shall submit the job posting to the statewide job posting system described in KRS 160.152 fifteen (15) days before the position shall be filled.

The local school district shall post position openings in the local board office for public viewing;

(c) When a vacancy needs to be filled in less than fifteen (15) days' time to prevent disruption of necessary instructional or support services of the school district, the superintendent may seek a waiver from the chief state school officer outside of the process established in KRS 156.161.

If the waiver is approved, the appointment shall not be made until the person recommended for the position has been approved by the chief state school officer.

The chief state school officer shall respond to a district's request for waiver or for approval of an appointment within two (2) working days;

and (d) When a vacancy occurs in a local district, the superintendent shall conduct a search to locate minority teachers to be considered for the position.

The Page 12 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 superintendent shall, pursuant to administrative regulations of the Kentucky Board of Education, report annually the district's recruitment process and the activities used to increase the percentage of minority teachers in the district.

(3) Restrictions on employment of relatives shall be as follows:

(a) No relative of a superintendent of schools shall be an employee of the school district.

However, this shall not apply to a relative who is a classified or certified employee of the school district for at least thirty-six (36) months prior to the superintendent assuming office and who is qualified for the position the employee holds.

A superintendent's spouse who has previously been employed in a school system may be an employee of the school district.

A superintendent's spouse who is employed under this provision shall not hold a position in which the spouse supervises certified or classified employees.

A superintendent's spouse may supervise teacher aides and student teachers.

However, the superintendent shall not promote a relative who continues employment under an exception of this subsection;

(b) No superintendent shall employ a relative of a school board member of the district;

(c) No principal's relative shall be employed in the principal's school;

and (d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of this subsection may be employed as a substitute for a certified or classified employee if the relative is not:

1.

A regular full-time or part-time employee of the district;

2.

Accruing continuing contract status or any other right to continuous employment;

3.

Receiving fringe benefits other than those provided other substitutes;

or 4.

Receiving preference in employment or assignment over other substitutes.

Page 13 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (4) No superintendent shall assign a certified or classified staff person to an alternative education program as part of any disciplinary action taken pursuant to KRS 161.011 or 161.790 as part of a corrective action plan established pursuant to the local district evaluation plan.

(5) No superintendent shall employ in any position in the district any person who:

(a) Has been convicted of an offense that would classify a person as a violent offender under KRS 439.3401;

(b) Has been convicted of a sex crime as defined by KRS 17.500 or a misdemeanor offense under KRS Chapter 510;

(c) Is required to register as a sex offender under KRS 17.500 to 17.580;

or (d) Has an administrative finding of child abuse or neglect in records maintained by the Cabinet for Health and Family Services.

(6) (a) Each application for a school district position shall require the applicant to:

1.

Disclose:

a Being the subject of any disciplinary action within the past twelve (12) months;

and b.

Any resulting resignation or termination related to abusive conduct while employed by any school or school district;

and 2.

Consent to a reference check under paragraph (b) of this subsection and a request for information under paragraph (c) of this subsection.

(b) 1.

A school district considering an applicant for employment shall contact each school district, public school, or nonpublic school that employs or previously employed the applicant for a reference check before extending an offer of employment.

2.

A school district, public school, or nonpublic school that employs or previously employed the applicant shall disclose any disciplinary action, and any resulting resignation or termination, related to abusive Page 14 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 conduct while the applicant was employed by the school or school district.

3.

A school district, public school, or nonpublic school located in a member state of the Interstate Teacher Mobility Compact that employs or previously employed the applicant shall disclose any disciplinary action, and any resulting resignation or termination, related to abusive conduct while the applicant was employed by the school or school district.

4.

Any school district, public school, nonpublic school, or any school employees making a disclosure pursuant to this paragraph of any disciplinary action and any resulting resignation or termination shall be immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of:

a.

Making the disclosure;

or b.

Participating in any judicial proceeding that may result from making the disclosure.

(c) Upon disclosure under paragraph (a) or (b) of this subsection of disciplinary action involving abusive conduct by an applicant, the school district considering the applicant for employment shall:

1.

Request all related information and records from the school district, public school, or nonpublic school that previously employed or currently employs the applicant;

and 2.

If the application is for a certified position, request information from the Education Professional Standards Board related to pending disciplinary action against the applicant involving abusive conduct.

(d) Upon request from a school district under paragraph (c) of this subsection, the school district, public school, or nonpublic school of previous or current Page 15 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 employment or the Educational Professional Standards Board shall provide the requested information, if applicable, within ten (10) working days.

(e) Any failure to disclose under paragraph (a)1.

of this subsection by an applicant shall result in the applicant being:

1.

Ineligible for hire by the school district;

and 2.

Subject to dismissal or termination if the applicant is hired by the school district or is a current employee of the school district.

(f) The Education Professional Standards Board shall create and implement procedures for responding to a school district upon receiving an inquiry described in paragraphs (c) and (d) of this subsection.

(7) Requirements for background checks shall be as follows:

(a) A superintendent shall require the following individuals to submit to a national and state criminal background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N check, provided by the individual:

1.

Each new certified or classified hire;

2.

A nonfaculty coach or nonfaculty assistant as defined under KRS 161.185;

3.

A student teacher;

4.

A school-based decision making council parent member;

and 5.

Any adult who is permitted access to school grounds on a regularly scheduled and continuing basis pursuant to a written agreement for the purpose of providing services directly to a student or students as part of a school-sponsored program or activity;

(b) 1.

The requirements of paragraph (a) of this subsection shall not apply to:

a.

Classified and certified individuals employed by the school district prior to June 27, 2019;

Page 16 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 b.

Certified individuals who were employed in another certified position in a Kentucky school district within six (6) months of the date of hire and who had previously submitted to a national and state criminal background check and who have a clear CA/N check for the previous employment;

or c.

Student teachers who have submitted to and provide a copy of a national and state criminal background check by the Department of Kentucky State Police and the Federal Bureau of Investigation through an accredited teacher education institution in which the student teacher is enrolled and who have a clear CA/N check.

2.

The Education Professional Standards Board may promulgate administrative regulations to impose additional qualifications to meet the requirements of Pub.

L.

No.

92-544;

(c) A parent member may serve prior to the receipt of the criminal history background check and clear CA/N check[letter] required by paragraph (a) of this subsection but shall be removed from the council on receipt by the school district of a report documenting a record of abuse or neglect, or a sex crime or criminal offense against a victim who is a minor as defined in KRS 17.500, or as a violent offender as defined in KRS 17.165, and no further procedures shall be required;

(d) A superintendent may require a volunteer or a visitor to submit to a national and state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N check, provided by the individual;

and (e) The superintendent of a school district operating under an alternative transportation plan approved by the Kentucky Department of Education in accordance with KRS 156.153(3) shall require the driver of any non-school Page 17 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 bus passenger vehicle authorized to transport students to and from school pursuant to the alternative transportation plan who does not have a valid commercial driver's license issued in accordance with KRS Chapter 281A with an "S" endorsement to:

1.

Submit to a national and state criminal background check by the Department of Kentucky State Police and the Federal Bureau of Investigation at least once every three (3) years and a criminal records check conducted in accordance with KRS 27A.090 in all other years;

2.

Submit to drug testing consistent with the requirements of 49 C.F.R.

pt.

40;

3.

Provide a biannual driving history record check performed by the Transportation Cabinet;

4.

Provide an annual clear CA/N check;

5.

Immediately notify the superintendent of any conviction for a violation under KRS Chapter 189 for which penalty points are assessed;

and 6.

Immediately notify the superintendent of any citation or arrest for a violation of any provision of KRS Chapter 189A.

The superintendent shall inform the Kentucky Department of Education of the notification.

(8)[(7)] (a) If a certified or classified position remains unfilled after July 31 or if a vacancy occurs during a school term, a superintendent may employ an individual, who will have supervisory or disciplinary authority over minors, on probationary status pending receipt of the criminal history background check and a clear CA/N check, provided by the individual.

Application for the criminal record and a request for a clear CA/N check of a probationary employee shall be made no later than the date probationary employment begins.

(b) Employment shall be contingent on the receipt of the criminal history Page 18 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 background check documenting that the probationary employee has no record of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt of a letter, provided by the individual, from the Cabinet for Health and Family Services stating the employee is clear to hire based on no administrative findings of child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services.

(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, probationary employment under this section shall terminate on receipt by the school district of a criminal history background check documenting a record of a sex crime or as a violent offender as defined in KRS 17.165 and no further procedures shall be required.

(9)[(8)] The provisions of KRS 161.790 shall apply to terminate employment of a certified employee on the basis of a criminal record other than a record of a sex crime or as a violent offender as defined in KRS 17.165, or on the basis of a CA/N check showing an administrative finding of child abuse or neglect.

(10)[(9)] (a) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police.

The fingerprint cards shall be forwarded to the Federal Bureau of Investigation from the Department of Kentucky State Police after a state criminal background check is conducted.

The results of the state and federal criminal background check shall be sent to the hiring superintendent.

Any fee charged by the Department of Kentucky State Police, the Federal Bureau of Investigation, and the Cabinet for Health and Family Services shall be an amount no greater than the actual cost of processing the request and conducting the search.

(b) Each application form, provided by the employer to an applicant for a Page 19 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 certified or classified position, shall conspicuously state the following:

"FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET FOR HEALTH AND FAMILY SERVICES." (c) Each application form for a district position shall require the applicant to:

1.

Identify the states in which he or she has maintained residency, including the dates of residency;[ and] 2.

Provide picture identification;

and 3.

List each school district and nonpublic school in which the applicant has been employed, including the dates of employment.

(11) (a) When an allegation of abusive conduct is made against a school district employee, the school district employee in receipt of the allegation, whether communicated in writing, electronically, or orally, shall report the allegation to the school principal in accordance with KRS 620.030.

The principal shall document the allegation in writing and notify the superintendent or designee.

An investigation of the allegation shall be conducted by the school district until it is completed and shall not end prior to completion due to the employee transferring positions within the school district or leaving the school district, unless directed by the Cabinet for Health and Family Services or law enforcement officials to cease the investigation.

(b) Notwithstanding Section 8 of this Act, all records and references relating to Page 20 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 an allegation of abusive conduct by a school district employee with a student or minor shall be included and remain in an employee's personnel file until completion of an investigation.

If, after completion of an investigation, the allegation is determined to be false or unsubstantiated, all records and references relating to the allegation shall be removed from the employee's personnel file.

(12)[(10)] Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, any certified or classified employee of the school district shall notify the superintendent within seven (7) calendar days of being[ when an employee of the school district is] charged with any offense which is classified as a felony.[,] The superintendent may transfer the employee to a second position until such time as the employee is found not guilty, the charges are dismissed, the employee is terminated, or the superintendent determines that further personnel action is not required.

The employee shall continue to be paid at the same rate of pay he or she received prior to the transfer.

If an employee is charged with an offense outside of the Commonwealth, this provision may also be applied if the charge would have been treated as a felony if committed within the Commonwealth.

Transfers shall be made to prevent disruption of the educational process and district operations and in the interest of students and staff and shall not be construed as evidence of misconduct.

(13)[(11)] Notwithstanding any law to the contrary, each certified and classified employee of the school district shall notify the superintendent if he or she has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal.

Any failure to report this finding shall result in the certified or classified employee being subject to dismissal or termination.

Page 21 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (14) The superintendent shall annually notify school district employees of the self- reporting requirements of subsections (12) and (13) of this section.

(15)[(12)] The form for requesting a CA/N check shall be made available on the Cabinet for Health and Family Services website.

(16) Subsections (1) and (5) to (14) of this section shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).

Section 5.

KRS 156.160 is amended to read as follows:

(1) With the advice of the Local Superintendents Advisory Council, the Kentucky Board of Education shall promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance.

These regulations shall comply with the expected outcomes for students and schools set forth in KRS 158.6451.

Administrative regulations shall be promulgated for the following:

(a) Courses of study for the different grades and kinds of common schools identifying the common curriculum content directly tied to the goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453 and distributed to local school districts and schools.

The administrative regulations shall provide that:

1.

If a school offers American sign language, the course shall be accepted as meeting the foreign language requirements in common schools notwithstanding other provisions of law;

2.

If a school offers the Reserve Officers Training Corps program, the course shall be accepted as meeting the physical education requirement for high school graduation notwithstanding other provisions of law;

3.

Every public middle and high school's curriculum shall include instruction on the Holocaust and other cases of genocide, as defined by the United Nations Convention on the Prevention and Punishment of the Page 22 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 Crime of Genocide, that a court of competent jurisdiction, whether a court in the United States or the International Court of Justice, has determined to have been committed by applying rigorous standards of due process;

and 4.

Beginning in the 2025-2026 school year, cursive writing shall be included as a course of study in all elementary schools and shall be designed to ensure proficiency in cursive writing by the end of grade five (5);

(b) Courses of study or educational experiences available to students in all middle and high schools to fulfill the prerequisites for courses in advanced science and mathematics as defined in KRS 158.845;

(c) The acquisition and use of educational equipment for the schools as recommended by the Council for Education Technology;

(d) The minimum requirements for high school graduation in light of the expected outcomes for students and schools set forth in KRS 158.6451.

The minimum requirements shall not include achieving any postsecondary readiness indicator as described in KRS 158.6455 or any minimum score on a statewide assessment administered under KRS 158.6453.

Student scores from any assessment administered under KRS 158.6453 that are determined by the department's technical advisory committee to be valid and reliable at the individual level shall be included on the student transcript.

The department's technical advisory committee shall submit its determination to the commissioner of education and the Legislative Research Commission;

(e) The requirements for an alternative high school diploma for students with disabilities whose individualized education program indicates that, in accordance with 20 U.S.C.

sec.

1414(d)(1)(A):

1.

The student cannot participate in the regular statewide assessment;

and Page 23 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 2.

An appropriate alternate assessment has been selected for the student based upon a modified curriculum and an individualized course of study;

(f) Taking and keeping a school census, and the forms, blanks, and software to be used in taking and keeping the census and in compiling the required reports.

The board shall create a statewide student identification numbering system based on students' Social Security numbers.

The system shall provide a student identification number similar to, but distinct from, the Social Security number, for each student who does not have a Social Security number or whose parents or guardians choose not to disclose the Social Security number for the student;

(g) Sanitary and protective construction of public school buildings, toilets, physical equipment of school grounds, school buildings, and classrooms.

With respect to physical standards of sanitary and protective construction for school buildings, the Kentucky Board of Education shall adopt the Uniform State Building Code;

(h) Medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the protection of the physical welfare and safety of the public school children.

The administrative regulations shall set requirements for student health standards to be met by all students in grades four (4), eight (8), and twelve (12) pursuant to the outcomes described in KRS 158.6451.

The administrative regulations shall permit a student who received a physical examination no more than six (6) months prior to his or her initial admission to Head Start to substitute that physical examination for the physical examination required by the Kentucky Board of Education of all students upon initial admission to the public schools, if the physical examination given in the Head Start program meets all the requirements of the Page 24 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 physical examinations prescribed by the Kentucky Board of Education;

(i) A vision examination by an optometrist or ophthalmologist that shall be required by the Kentucky Board of Education.

The administrative regulations shall require evidence that a vision examination that meets the criteria prescribed by the Kentucky Board of Education has been performed.

This evidence shall be submitted to the school no later than January 1 of the first year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a public school, public preschool, or Head Start program;

(j) 1.

[Beginning with the 2010-2011 school year, ]A dental screening or examination by a dentist, dental hygienist, physician, registered nurse, advanced practice registered nurse, or physician assistant that shall be required by the Kentucky Board of Education.

The administrative regulations shall require evidence that a dental screening or examination that meets the criteria prescribed by the Kentucky Board of Education has been performed.

This evidence shall be submitted to the school no later than January 1 of the first year that a five (5) or six (6) year-old child is enrolled in a public school.

2.

A child shall be referred to a licensed dentist if a dental screening or examination performed by anyone other than a licensed dentist identifies the possibility of dental disease;

(k) The transportation of children to and from school;

(l) The fixing of holidays on which schools may be closed and special days to be observed, and the pay of teachers during absence because of sickness or quarantine or when the schools are closed because of quarantine;

(m) The preparation of budgets and salary schedules for the several school districts under the management and control of the Kentucky Board of Education;

Page 25 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (n) A uniform series of forms and blanks, educational and financial, including forms of contracts, for use in the several school districts;

(o) The disposal of real and personal property owned by local boards of education;

and (p) The development and implementation of procedures, for all students who are homeless children and youths as defined in 42 U.S.C.

sec.

11434a(2), to do the following:

1.

Awarding and accepting of credit, including partial credit, for all coursework satisfactorily completed by a student while enrolled at another school;

2.

Allowing a student who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;

3.

Awarding a diploma, at the student's request, by a district from which the student transferred, if the student transfers schools at any time after the completion of the student's second year of high school and the student is ineligible to graduate from the district to which the student transfers, but meets the graduation requirements of the district from which the student transferred;

and 4.

Exempting the student from all coursework and other requirements imposed by the local board of education that are in addition to the minimum requirements for high school graduation established by the Kentucky Board of Education pursuant to paragraph (d) of this subsection in the district to which the student transfers, if the student transfers schools at any time after the completion of the student's second year of high school and the student is ineligible to graduate both from Page 26 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 the district to which the student transfers and the district from which the student transferred.

(2) Any private, parochial, or church school may voluntarily comply with:

(a) Curriculum, certification, and textbook standards established by the Kentucky Board of Education;

and (b) Employment standards established in Section 4 of this Act;

and be certified upon application to the board by such schools.

(3) Any public school that violates the provisions of KRS 158.854 shall be subject to a penalty to be assessed by the commissioner of education as follows:

(a) The first violation shall result in a fine of no less than one (1) week's revenue from the sale of the competitive food;

(b) Subsequent violations shall result in a fine of no less than one (1) month's revenue from the sale of the competitive food;

(c) "Habitual violations," which means five (5) or more violations within a six (6) month period, shall result in a six (6) month ban on competitive food sales for the violating school;

and (d) Revenue collected as a result of the fines in this subsection shall be transferred to the food service fund of the local school district.

Section 6.

KRS 160.151 is amended to read as follows:

(1) For purposes of this section, "certified nonpublic school" means a private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with subsection (2) of Section 5 of this Act.

(2)[(1)] (a) 1.

A certified nonpublic school shall[private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with KRS 156.160(2) may] require a national and state criminal background check and require a clear CA/N check, as defined in KRS 160.380, on all new certified hires in the school and Page 27 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 student teachers assigned to the school and may require a new national and state criminal background check and require a clear CA/N check on each certified teacher once every five (5) years of employment.

2.

Certified individuals who were employed in another certified position in a Kentucky school within six (6) months of the date of the hire and who had previously submitted to a national and state criminal background check and were required to have a clear CA/N check for previous employment may be excluded from the initial national or state criminal background checks.

(b) The national criminal history background check shall be conducted by the Federal Bureau of Investigation.

The state criminal history background check shall be conducted by the Department of Kentucky State Police or the Administrative Office of the Courts.

(c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police.

The fingerprint cards shall be forwarded to the Federal Bureau of Investigation by the Department of Kentucky State Police after a state criminal background check has been conducted.

Any fee charged by the Department of Kentucky State Police, the Administrative Office of the Courts, or the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conducting the search.

(3)[(2)] (a) When a certified nonpublic[If a] school requires a criminal background check or requires a clear CA/N check under this section[for a new hire], the school shall conspicuously include the following disclosure statement on each application or renewal form provided by the employer to an applicant for a certified position:

"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A Page 28 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT HAS NO ADMINISTRATIVE FINDINGS OF[IS CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED] CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET FOR HEALTH AND FAMILY SERVICES[AS A CONDITION OF EMPLOYMENT FOR THIS TYPE OF POSITION]." (b) The school or school board may require an adult who is permitted access to school grounds on a regularly scheduled and continuing basis pursuant to a written agreement for the purpose of providing services directly to a student or students as part of a school-sponsored program or activity, a volunteer, or a visitor to submit to a national criminal history check by the Federal Bureau of Investigation and state criminal history background check by the Department of Kentucky State Police or Administrative Office of the Courts and require a clear CA/N check.

(c) Any request for records from the Department of Kentucky State Police under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police if required.

The results of the state criminal background check and the results of the national criminal history background check[, if requested,] shall be sent to the hiring superintendent.

When[If] a background check of child abuse and neglect records is requested, the person seeking employment shall provide to the hiring superintendent a clear CA/N check.

(d) Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conducting the search.

Page 29 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (e) Every five (5) years from the year an individual was required to submit to a national and state criminal records check under subsection (2) of this section, a certified nonpublic school shall require the individual to submit to a state records check.

(4)[(3)] (a) A certified nonpublic school shall[voluntarily implementing the provisions of this chapter may choose] not[ to] employ any person who is a violent offender as defined by KRS 17.165(2), has been convicted of a sex crime which is classified as a felony as defined by KRS 17.165(1), or has committed a violent crime as defined in KRS 17.165(3) or persons with a substantiated finding of child abuse or neglect in records maintained by the Cabinet for Health and Family Services.

A certified nonpublic school may employ, at its discretion, persons convicted of sex crimes classified as a misdemeanor.

(b) If a school term has begun and a certified position remains unfilled or if a vacancy occurs during a school term, a certified nonpublic school [implementing this chapter] may employ an individual who will have supervisory or disciplinary authority over minors on probationary status pending receipt of a criminal history background check or the receipt of a clear CA/N check, provided by the individual.

(c) Employment, including probationary employment, at a certified nonpublic school shall[implementing this chapter may] be contingent on the receipt of a criminal history background check documenting that the employee has no[a] record as a violent offender, of a sex crime, or of a violent crime as defined in KRS 17.165 and[or] the receipt of a clear CA/N check, provided by the individual.[ (d) Nonpublic schools implementing this chapter may terminate probationary employment under this section upon receipt of a criminal history background Page 30 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 check documenting a record as a violent offender, of a sex crime, or of a violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.] (5)[(4)] The form for requesting a [clear ]CA/N check shall be made available on the Cabinet for Health and Family Services website.

(6) A certified nonpublic school considering an applicant for employment shall contact each nonpublic school or school district that currently employs or previously employed the applicant for a reference check in accordance with standards established by the Kentucky Board of Education.

(7) A certified nonpublic school shall not enter into a nondisclosure agreement relating to misconduct involving a minor or student, including abusive conduct as defined in Section 4 of this Act.

Section 7.

KRS 156.095 is amended to read as follows:

(1) (a) The Kentucky Department of Education shall establish, direct, and maintain a statewide program of professional development to improve instruction in the public schools.

(b) By August 1, 2025, the department shall create a four (4) year recurring professional development training schedule that includes all professional development for certified personnel required by subsection (2) of this section and federal law.

(c) Each local school district shall implement the professional development training schedule created by the department.

(2) All certified school district employees and public charter school employees shall complete at least one (1) hour of each of the following trainings within twelve (12) months of initial hire and at least once every four (4) years thereafter:

(a) How to respond to an active shooter situation training prepared by the Department of Criminal Justice Training in collaboration with the department, the Kentucky Law Enforcement Council, and the Center for School Safety;

Page 31 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (b) Child abuse and neglect prevention, recognition, and reporting training from the list of trainings approved by the department in accordance with subsection (7) of this section;

(c) 1.

High-quality, evidence-based suicide prevention training, including risk factors, warning signs, protective factors, response procedures, referral, postvention, and the recognition of signs and symptoms of possible mental illness.

2.

As used in this paragraph, "postvention" means a series of planned supports and interventions with persons affected by a suicide for the purpose of facilitating the grieving or adjustment process, stabilizing the environment, reducing the risk of negative behaviors, and limiting the risk of further suicides through contagion;

and (d) Self-study review of seizure disorder materials.

(3) (a) Each local school district superintendent shall appoint a certified school employee to fulfill the role and responsibilities of a professional development coordinator who shall disseminate professional development information to schools and personnel.

Upon request by a school council or any employees of the district, the coordinator shall provide technical assistance to the council or the personnel that may include assisting with needs assessments, analyzing school data, planning and evaluation assistance, organizing districtwide programs requested by school councils or groups of teachers, or other coordination activities.

(b) The manner of appointment, qualifications, and other duties of the professional development coordinator shall be established by the local board of education.

(c) The local district professional development coordinator may participate in the Kentucky Department of Education annual training program for local school Page 32 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 district professional development coordinators.

The training program may include but is not[ be] limited to the demonstration of various approaches to needs assessment and planning;

strategies for implementing long-term, school-based professional development;

strategies for strengthening teachers' roles in the planning, development, and evaluation of professional development;

and demonstrations of model professional development programs.

The training shall include information about teacher learning opportunities relating to the core content standards.

The department shall regularly collect and distribute this information.

(4) The department shall provide or facilitate optional, professional development programs for certified personnel throughout the Commonwealth that are based on the statewide needs of teachers, administrators, and other education personnel.

Programs may include classified staff and parents when appropriate.

Programs offered or facilitated by the department shall be at locations and times convenient to local school personnel and shall be made accessible through the use of technology when appropriate.

They shall include programs that:

address the goals for Kentucky schools as stated in KRS 158.6451, including reducing the achievement gaps as determined by an equity analysis of the disaggregated student performance data from the state assessment program developed under KRS 158.6453;

engage educators in effective learning processes and foster collegiality and collaboration;

and provide support for staff to incorporate newly acquired skills into their work through practicing the skills, gathering information about the results, and reflecting on their efforts.

Professional development programs shall be made available to teachers based on their needs which shall include but not be limited to the following areas:

(a) Strategies to reduce the achievement gaps among various groups of students and to provide continuous progress;

Page 33 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (b) Curriculum content and methods of instruction for each content area, including differentiated instruction;

(c) School-based decision making;

(d) Assessment literacy;

(e) Integration of performance-based student assessment into daily classroom instruction;

(f) Nongraded primary programs;

(g) Research-based instructional practices;

(h) Instructional uses of technology;

(i) Curriculum design to serve the needs of students with diverse learning styles and skills and of students of diverse cultures;

(j) Instruction in reading, including phonics, phonemic awareness, comprehension, fluency, and vocabulary;

(k) Educational leadership;

and (l) Strategies to incorporate character education throughout the curriculum.

(5) The department shall assist school personnel in assessing the impact of professional development on their instructional practices and student learning.

(6) (a) Upon the request of a school district or school council, the department shall assist with the development of long-term school and district improvement plans that include multiple strategies for professional development based on the assessment of needs at the school level.

(b) Professional development strategies may include but are not limited to participation in subject matter academies, teacher networks, training institutes, workshops, seminars, and study groups;

collegial planning;

action research;

mentoring programs;

appropriate university courses;

and other forms of professional development.

(c) In planning the use of the four (4) days for professional development under Page 34 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 KRS 158.070, school councils and districts shall give priority to programs that increase teachers' understanding of curriculum content and methods of instruction appropriate for each content area based on individual school plans.

The district may use up to one (1) day to provide district-wide training and training that is mandated by state or federal law.

Only those employees identified in the mandate or affected by the mandate shall be required to attend the training.

(d) State funds allocated for professional development shall be used to support professional development initiatives that are consistent with local school improvement and professional development plans and teachers' individual growth plans.

The funds may be used throughout the year for all staff, including classified and certified staff and parents on school councils or committees.

A portion of the funds allocated to each school council under KRS 160.345 may be used to prepare or enhance the teachers' knowledge and teaching practices related to the content and subject matter that are required for their specific classroom assignments.

(7) (a) The department shall develop and maintain a list of approved comprehensive evidence-informed trainings on child abuse and neglect prevention, recognition, and reporting that encompass child physical, sexual, and emotional abuse and neglect.

(b) The trainings shall be web-based or in-person and cover, at a minimum, the following topics:

1.

Recognizing child physical, sexual, and emotional abuse and neglect;

2.

Reporting suspected child abuse and neglect in Kentucky as required by KRS 620.030 and the appropriate documentation;

3.

Responding to the child;

and 4.

Understanding the response of child protective services.

Page 35 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 (c) The trainings shall include a questionnaire or other basic assessment tool upon completion to document basic knowledge of training components.

(d) Each local board of education shall adopt one (1) or more trainings from the list approved by the department to be implemented by schools.

(8) The department shall establish an electronic consumer bulletin board that posts information regarding professional development providers and programs as a service to school district central office personnel, school councils, teachers, and administrators.

Participation on the electronic consumer bulletin board shall be voluntary for professional development providers or vendors, but shall include all programs sponsored by the department.

Participants shall provide the following information:

program title;

name of provider or vendor;

qualifications of the presenters or instructors;

objectives of the program;

program length;

services provided, including follow-up support;

costs for participation and costs of materials;

names of previous users of the program, addresses, and telephone numbers;

and arrangements required.

Posting information on the bulletin board by the department shall not be viewed as an endorsement of the quality of any specific provider or program.

(9) (a) By May 1, 2027, the Kentucky Department of Education, in collaboration with the Education Professional Standards Board, shall develop a training for school district employees, to be provided via video recording, related to appropriate relationships and communication with students, inappropriate relationships and communication with students, sexual grooming, and sexual misconduct.

(b) Beginning with the 2027-2028 school year, and every five (5) years thereafter, every local school district shall require all employees to undergo the training described in paragraph (a) of this subsection.

(c) When an employee is hired by a district during a school year in which the Page 36 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 training is not required, the school district shall require the employee to complete the training within ninety (90) days of hiring.

(d) The requirements of this subsection shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).

(10) The department shall provide voluntary training to address the characteristics and instructional needs of students at risk of school failure and most likely to drop out of school.

The training shall be developed to meet the specific needs of all certified and classified personnel depending on their relationship with these students.

The training for instructional personnel shall be designed to provide and enhance skills of personnel to:

(a) Identify at-risk students early in elementary schools as well as at-risk and potential dropouts in the middle and high schools;

(b) Plan specific instructional strategies to teach at-risk students;

(c) Improve the academic achievement of students at risk of school failure by providing individualized and extra instructional support to increase expectations for targeted students;

(d) Involve parents as partners in ways to help their children and to improve their children's academic progress;

and (e) Significantly reduce the dropout rate of all students.

(11)[(10)] The department shall establish teacher academies to the extent funding is available in cooperation with postsecondary education institutions for elementary, middle school, and high school faculty in core disciplines, utilizing facilities and faculty from universities and colleges, local school districts, and other appropriate agencies throughout the state.

Priority for participation shall be given to those teachers who are teaching core discipline courses for which they do not have a major or minor or the equivalent.

Participation of teachers shall be voluntary.

(12)[(11) The department shall annually provide to the oversight council established in Page 37 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 KRS 15A.063, the information received from local schools pursuant to KRS 158.449.

Section 8.

KRS 161.151 is amended to read as follows:

(1) Except as provided in Section 4 of this Act, all records and references relating to an allegation of a criminal offense committed by a school employee that did not lead to formal charges and all records relating to a criminal proceeding in which a school employee was found not guilty or the charges were dismissed shall be removed from the school employee's personnel file by the superintendent or the superintendent's designee in the local school district.

(2) The provisions of subsection (1) of this section shall not preclude a school district from separately investigating, taking action upon, and creating and maintaining records on the same or a similar fact situation upon which the allegations of a criminal offense was based.

Section 9.

KRS 158.4431 is amended to read as follows:

(1) As used in this section, a "Kentucky guardian" or "guardian" means an employee of a local board of education who is employed for the purpose of providing school safety and security to students and staff on a school site.

A person providing services as a guardian may only include honorably discharged veterans, retired Kentucky state troopers, retired special and sworn law enforcement officers, and former federal law enforcement officers.

A guardian certified by the Center for School Safety as having met all requirements of this section is deemed to be an authorized individual under KRS 527.070(3)(f) and may be armed with a firearm on school property.

(2) Local boards of education may employ as many guardians as the board considers necessary for the safety and security of its schools.

(3) Prior to hiring a guardian, the local board of education shall require the applicant to provide certification from the Center for School Safety that he or she meets all of Page 38 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 the following minimum requirements:

(a) Is a citizen of the United States and the Commonwealth of Kentucky;

(b) Has received a high school diploma or a High School Equivalency Diploma;

(c) Is currently licensed under KRS 237.110 to carry a concealed weapon;

(d) Has completed and passed background checks as required pursuant to subsection (7)(a) of Section 4 of this Act[KRS 160.380(6)(a)], and has not been convicted of any felony, any misdemeanor under KRS 510.120, 510.130, 510.140, or 510.148, or a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, sexual abuse, or sexual misconduct under KRS Chapter 510, or have had any offense listed in this paragraph expunged;

(e) Has passed a medical examination completed by a licensed physician, physician assistant, or advanced practice registered nurse to determine if he or she can perform the duties of a guardian;

(f) Has passed a drug screening test administered or approved by the Kentucky Law Enforcement Council.

A person shall be deemed to have passed a drug screening test if the results of the test are negative for the use of an illegal controlled substance or prescription drug abuse;

(g) Has passed the following examinations administered by the Kentucky Law Enforcement Council:

1.

A background investigation to determine the person's suitability for the position of guardian;

2.

A psychological suitability screening to determine the person's suitability to perform guardian duties;

and 3.

A polygraph examination to determine the person's suitability to perform guardian duties;

(h) Has passed the following courses provided by the Department of Criminal Page 39 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 Justice Training:

1.

Active Shooter Response;

2.

Enhanced Handgun Performance;

and 3.

Patrol Rifle;

(i) Has passed the marksmanship qualification requirement for a retired peace officer as specified in KRS 237.140;

(j) Has been honorably discharged from the Armed Forces of the United States within the five (5) years immediately preceding an initial contract to be a guardian as evidenced by a Department of Defense form DD 214, or is a retired Kentucky state trooper, retired special or sworn law enforcement officer, or former federal law enforcement officer.

Each agency that employed a retired Kentucky state trooper, retired special law enforcement officer, or sworn law enforcement officer shall provide to the retired individual proof of prior employment in a prompt and efficient manner, without charge to the individual;

and (k) Has met any other requirements imposed by the local board of education, which may include but are not limited to a preemployment written examination.

(4) Each guardian shall be required to complete annual firearm proficiency testing and shall meet the standard in the same manner as set forth in KRS 237.140(4)(a) to (c).

(5) Each guardian shall be required to complete the course requirements for School Resource Officer Training I (SRO I) as set forth in KRS 158.4414(8).

(6) The employing local board of education may require the completion of any additional courses and training as determined to be necessary by the board.

(7) Any cost associated with subsections (3) to (6) of this section shall be the responsibility of the guardian unless otherwise agreed to by the employing local board of education.

The Kentucky Law Enforcement Council shall not charge more Page 40 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 to guardians for tests, assessments, or training completed than what is customarily charged to any other type of applicant tested, assessed, or trained by the council.

(8) A local board of education employing a guardian shall collaborate with the local police department, local sheriff, area post of the Department of Kentucky State Police, and the state school security marshal in order to adopt school district policy regarding:

(a) The job description of the guardian, including but not limited to the scope of duties, responsibilities, and direct supervisor of the guardian;

(b) The uniform to be worn by guardians that would best suit the needs of the schools while also allowing outside agencies to easily identify guardians;

(c) The procedures, processes, and chain of command to be used during an emergency in which law enforcement agencies are called to the school;

and (d) The type of firearm and ammunition to be used by the guardian, if any.

(9) A local board of education shall be immune from civil or criminal liability in all claims arising out of any action of a guardian.

(10) Guardians shall possess all the immunities and defenses now available or hereafter made available under state law to sheriffs, constables granted peace officer powers, and police officers in any suit brought against them in consequence of acts done in the course of their employment.

(11) Nothing in this section requires a local board of education to hire or provide guardians.

Participation by a local board of education in the use of a guardian is voluntary and subject to the availability of local school district funds.

Any local board of education that opts to participate shall do so at its own expense.

Section 10.

KRS 156.492 is amended to read as follows:

(1) The Kentucky Department of Education may enter into an agreement with any building and construction trade organization to develop a training program for school counselors providing services to students in the Commonwealth.

The Page 41 of 46 XXXX 1/6/2026 8:47 AM Jacketed UNOFFICIAL COPY 26 RS BR 175 purpose of the training program shall be to promote building and construction trades and training facilities available to students by making school counselors aware of what is available to students participating in the building and construction trade.

The training program shall include information relating to:

(a) The pay and benefits available to people who work in the building and construction trades;

and (b) Job opportunities, pre-apprenticeships, apprenticeships, and pathways within the building and construction trade industry.

(2) The participating trade organization shall ensure ample opportunities for school counselors that serve grades seven (7) through twelve (12) to complete the training created under subsection (1) of this section annually and shall bear all costs associated with the training.

The participating trade organization may choose to offer professional development opportunities to teachers who serve students in grades seven (7) through twelve (12), if resources are available for this purpose.

(3) The department shall include the training program created in this section on the electronic consumer bulletin board created pursuant to KRS 156.095[(8)] if requested by the training program.

(4) A school counselor serving students in grades seven (7) through twelve (12) may complete four (4) hours of training developed under this section which shall count towards the twenty-one (21) hours required annually pursuant to KRS 156.101(4)(b)2.

(5) Local boards of education or school-based decision making councils may incorporate this training as part of the four (4) days of professional development required pursuant to KRS 158.070(3)(a) for teachers who serve students in grades seven (7) through twelve (12) if offered by the participating trade organization.