Kentucky 2023 Regular Session Status: Passed House

HB 288 — AN ACT relating to teacher misconduct.

Last action — recommitted to Education (S)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Create a new section of KRS Chapter 161 to prohibit a public school district or public charter school from entering a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any allegations or investigations in the previous 12 months and consent to a reference check; require school districts to conduct reference checks; require nonpublic and public school districts to disclose any allegations or investigations related to abusive conduct of applicants; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board and require the schools and EPSB to provide the records; require all public school personnel to have a state criminal background check every five years; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to have a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every five years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a nonpublic certified school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct for employees to undergo every five years; amend KRS 161.151 to conform.

Bill Text

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752 line(s) added, 746 removed.

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UNOFFICIAL COPY 23 RS BR 1216 AN ACT relating to teacher misconduct.
UNOFFICIAL COPY 23 RS HB 288/GA AN ACT relating to teacher misconduct.
Page 1 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 (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;
Page 1 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA (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;
(b) When a vacancy occurs in a local school district, the superintendent shall Page 2 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 notify the chief state school officer fifteen (15) days before the position shall be filled.
(b) When a vacancy occurs in a local school district, the superintendent shall Page 2 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA notify the chief state school officer fifteen (15) days before the position shall be filled.
A Page 3 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 superintendent's spouse may supervise teacher aides and student teachers.
A Page 3 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA superintendent's spouse may supervise teacher aides and student teachers.
Page 4 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 1.
Page 4 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 1.
A school district or nonpublic school shall be indemnified of any civil liability arising from the disclosure of any allegation, investigation, or disciplinary action, and any resulting resignation or termination, related to abusive conduct while employed by a school district or nonpublic school.
A school district or nonpublic school, and any school employees, making a disclosure pursuant to this paragraph of any allegation, investigation, or disciplinary action, and any resulting resignation or termination, shall be immune from any civil or criminal liability that might otherwise by 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.
1.
Page 5 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 1.
and Page 5 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 2.
and 2.
(d) Upon request from a school district under paragraph (c) of this subsection, the school district or nonpublic school of previous or current employment and the Educational Professional Standards Board, if applicable, shall provide the requested information within ten (10) days.
(d) Upon request from a school district under paragraph (c) of this subsection, the school district or nonpublic school of previous or current employment and the Educational Professional Standards Board, if applicable, shall provide the requested information within ten (10) working days.
(e) Any failure to disclose under subparagraph (a)1.
(e) Any failure to disclose under paragraph (a)1.
4.
Page 6 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 4.
Any adult who is permitted access to school grounds on a regularly scheduled and continuing basis pursuant to a written agreement for the Page 6 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 purpose of providing services directly to a student or students as part of a school-sponsored program or activity;
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;
(c) A parent member may serve prior to the receipt of the criminal history background check and CA/N 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;[ and] (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 Page 7 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N check, provided by the individual;
(c) A parent member may serve prior to the receipt of the criminal history background check and CA/N 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 Page 7 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA shall be required;[ and] (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;
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.
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 Page 8 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA begins.
(b) Employment shall be contingent on the receipt of the criminal history background check documenting that the probationary employee has no record Page 8 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 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.
(b) Employment shall be contingent on the receipt of the criminal history 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.
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.
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 Page 9 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA conducting the search.
"FOR Page 9 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 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:
"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:
(b) Notwithstanding KRS 161.151, all records and references relating to an allegation of abusive conduct by a school district employee with a student or minor shall be included in and remain in an employee's personnel file, regardless of outcome.
(b) Notwithstanding KRS 161.151, all records and references relating to an allegation of abusive conduct by a school district employee with a student or Page 10 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA minor shall be included in and remain in an employee's personnel file, regardless of outcome.
(12)[(10)] Notwithstanding any provision of the Kentucky Revised Statutes to the Page 10 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 contrary, 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.
(12)[(10)] Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 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.
(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 Page 11 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 operational performance.
Page 11 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA (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.
(c) The acquisition and use of educational equipment for the schools as recommended by the Council for Education Technology;
Page 12 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA (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 Page 12 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 expected outcomes for students and schools set forth in KRS 158.6451.
(d) The minimum requirements for high school graduation in light of the expected outcomes for students and schools set forth in KRS 158.6451.
(g) Sanitary and protective construction of public school buildings, toilets, physical equipment of school grounds, school buildings, and classrooms.
Page 13 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA (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 Page 13 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 buildings, the Kentucky Board of Education shall adopt the Uniform State Building Code;
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;
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.
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 Page 14 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 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 Page 14 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 has been performed.
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.
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;
Allowing a student who was previously enrolled in a course required for Page 15 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 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;
Page 15 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 3.
3.
An alternative approach will achieve the same result required by the administrative regulation;
An alternative approach will achieve the same result required by the Page 16 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA administrative regulation;
Implementation of the administrative regulation will cause a hardship on the school district or school or jeopardize the continuation or Page 16 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 development of programs;
Implementation of the administrative regulation will cause a hardship on the school district or school or jeopardize the continuation or development of programs;
(b) Subsequent violations shall result in a fine of no less than one (1) month'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 Page 17 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 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 Page 17 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 the violating school;
(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;
The state criminal history background check shall be conducted by the Department of Kentucky State Police or the Administrative Office of the Courts.
The state criminal history background check shall be conducted by the Department of Kentucky State Police or the Page 18 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA Administrative Office of the Courts.
The Page 18 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 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.
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.
"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A 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[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 Page 19 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 clear CA/N check.
"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A 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[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 Page 19 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 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.
(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.
(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.
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A certified nonpublic school may employ, at its discretion, persons convicted of sex crimes classified as a misdemeanor.
A certified nonpublic school may Page 20 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 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 Page 20 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 [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.
(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.
[(d) Nonpublic schools implementing this chapter may terminate probationary employment under this section upon receipt of a criminal history background 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.] (4) The form for requesting a clear CA/N check shall be made available on the Cabinet for Health and Family Services website[Web site].
[(d) Nonpublic schools implementing this chapter may terminate probationary employment under this section upon receipt of a criminal history background 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[Web site].
(5) A certified nonpublic school considering an applicant for employment shall contact each nonpublic school or school district that previously employed the applicant for a reference check in accordance with standards established by the Kentucky Board of Education.
(6) A certified nonpublic school considering an applicant for employment shall contact each nonpublic school or school district that previously employed the applicant for a reference check in accordance with standards established by the Kentucky Board of Education.
(6) A certified nonpublic school shall not enter into a nondisclosure agreement relating to misconduct involving a minor or student, including sexual misconduct and conduct subject to mandatory reporting under KRS 620.030.
(7) A certified nonpublic school shall not enter into a nondisclosure agreement relating to misconduct involving a minor or student, including sexual misconduct and conduct subject to mandatory reporting under KRS 620.030.
Section 5.
Page 21 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA Section 5.
Page 21 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 (2) 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.
(2) 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.
(3) The Kentucky Department of Education 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.
(3) The Kentucky Department of Education shall provide or facilitate optional, Page 22 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA professional development programs for certified personnel throughout the Commonwealth that are based on the statewide needs of teachers, administrators, and other education personnel.
Programs offered or facilitated by the department shall be at Page 22 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 locations and times convenient to local school personnel and shall be made accessible through the use of technology 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.
(i) Curriculum design to serve the needs of students with diverse learning styles and skills and of students of diverse cultures;
(i) Curriculum design to serve the needs of students with diverse learning styles Page 23 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA and skills and of students of diverse cultures;
and Page 23 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 (l) Strategies to incorporate character education throughout the curriculum.
and (l) Strategies to incorporate character education throughout the curriculum.
The funds may be used throughout the year for all staff, including classified and certified staff and parents on school councils or committees.
The funds may be used throughout the year for all staff, Page 24 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 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 Page 24 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 for their specific classroom assignments.
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.
of this paragraph is initially hired during a school year in which the training is not required, the local district shall provide suicide prevention materials to the staff member for review.
of this paragraph is initially hired during a school year in which the training is not required, the local district shall provide suicide prevention Page 25 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA materials to the staff member for review.
Page 25 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 (7) (a) By November 1, 2019, and November 1 of each year thereafter, a minimum of one (1) hour of training on how to respond to an active shooter situation shall be required for all school district employees with job duties requiring direct contact with students.
(7) (a) By November 1, 2019, and November 1 of each year thereafter, a minimum of one (1) hour of training on how to respond to an active shooter situation shall be required for all school district employees with job duties requiring direct contact with students.
Reporting suspected child abuse and neglect in Kentucky as required by KRS 620.030 and the appropriate documentation;
Reporting suspected child abuse and neglect in Kentucky as required by Page 26 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA KRS 620.030 and the appropriate documentation;
(c) The trainings shall include a questionnaire or other basic assessment tool upon Page 26 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 completion to document basic knowledge of training components.
(c) The trainings shall include a questionnaire or other basic assessment tool upon completion to document basic knowledge of training components.
(b) Beginning with the 2024-2025 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.
(b) Beginning with the 2024-2025 school year, and every five (5) years Page 27 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA 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 training is not required, the school district shall require the employee to Page 27 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 complete the training within ninety (90) days of hiring.
(c) When an employee is hired by a district during a school year in which the training is not required, the school district shall require the employee to complete the training within ninety (90) days of hiring.
(a) Identify at-risk students early in elementary schools as well as at-risk and potential dropouts in the middle and high schools;
(a) Identify at-risk students early in elementary schools as well as at-risk and Page 28 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA potential dropouts in the middle and high schools;
(c) Improve the academic achievement of students at risk of school failure by providing individualized and extra instructional support to increase Page 28 of 29 XXXX 2/14/2023 1:32 PM Jacketed UNOFFICIAL COPY 23 RS BR 1216 expectations for targeted 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;
(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.
(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 Page 29 of 30 HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM GA UNOFFICIAL COPY 23 RS HB 288/GA records on the same or a similar fact situation upon which the allegations of a criminal offense was based.
Page 29 of 29 XXXX 2/14/2023 1:32 PM Jacketed
HB028810.100 - 1216 - XXXX 3/2/2023 2:37 PM 30 of 30 GA
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Action History

  1. recommitted to Education (S)

  2. passed over and retained in the Orders of the Day

  3. passed over and retained in the Orders of the Day

  4. passed over and retained in the Orders of the Day

  5. floor amendment (2) filed to Committee Substitute

  6. passed over and retained in the Orders of the Day

  7. posted for passage in the Regular Orders of the Day for Monday, March 13, 2023

  8. floor amendment (1) filed to Committee Substitute

  9. 2nd reading, to Rules

  10. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  11. to Education (S)

  12. to Committee on Committees (S)

  13. received in Senate

  14. 3rd reading, passed 97-0 with Committee Substitute (1)

  15. posted for passage in the Regular Orders of the Day for Thursday, March 02, 2023

  16. 2nd reading, to Rules

  17. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  18. to Education (H)

  19. to Committee on Committees (H)

  20. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 13001
Republican 66000
Unaffiliated 18002
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Meredith — Yea
Dixon — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Justice — Yea
Palumbo — Yea
Swann — Yea
Thomas — Yea
Pratt — Yea
Bratcher S. — Yea
Webber — Yea
Raymond — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Not Voting
Timoney — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

public-safety labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 288 do?
Create a new section of KRS Chapter 161 to prohibit a public school district or public charter school from entering a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any allegations or investigations in the previous 12 months and consent to a reference check; require school districts to conduct reference checks; require nonpublic and public school districts to disclose any allegations or investigations related to abusive conduct of applicants; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board and require the schools and EPSB to provide the records; require all public school personnel to have a state criminal background check every five years; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to have a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every five years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a nonpublic certified school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct for employees to undergo every five years; amend KRS 161.151 to conform.
What is the current status of HB 288?
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 288?
Track HB 288 free on One Click Politics — get push/email alerts when it moves.

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