Title 503 | Chapter 007 | Regulation 010
SUPERSEDED
This document is no longer current.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Criminal Justice Training
(New Administrative Regulation)
503 KAR 7:010.On-site review of school security risk assessments and written approval of local board of education's noncompliance with KRS 158.4414(2).
Section 1.
Definitions.(1)
"Compliance officer" means the person assigned by the OSSSM to conduct an on-site review for risk assessment of a school campus.(2)
"Office of the State School Security Marshal" or "OSSSM" means the office established by KRS 158.4410(1) that is managed by the State School Security Marshal.(3)
"School campus" means all areas, including school buildings where instruction and school activities take place during the regular school day, and properties adjacent to such buildings, which are under the control of the school district and accessible to students during the school day, including the following:(a)
A single building located on real property owned or leased by a school district for instruction to students and school activities during the regular school day on a continuous basis, including extracurricular activities; or(b)
Two or more school buildings located on real property owned or leased by a school district to deliver instruction to students on a continuous basis or conduct extracurricular activities.(4)
"School resource officer" or "SRO" is defined by KRS 158.441(5).(5)
"School safety coordinator" or "SSC" means a district employee appointed by the local school district superintendent to serve as the school district's school safety coordinator and primary point of contact for public school safety and security functions.(6)
"School security risk assessment tool" means the assessment tool developed by the State School Security Marshal pursuant to KRS 158.4410(5), approved by the board for the Center for School Safety pursuant to KRS 158.443(9)(b), and incorporated by reference in 702 KAR 1:180.(7)
"State School Security Marshal" or "SSSM" means the person appointed by the commissioner of the Department of Criminal Justice Training pursuant to KRS 158.4410(3) who also acts as the manager of the OSSSM.Section 2.
OSSSM Review of Risk Assessment.(1)
The OSSSM shall assign a compliance officer to conduct an on-site review for risk assessment of the following:(a)
All school campuses of district operated schools on district owned or leased property under the administrative control of a principal or head teacher; and(b)
Any school campus of a district or state operated school on district owned or leased property with:1.
Career and technical education;2.
Special education program;3.
Preschool program; or4.
Alternative education program.(2)
The OSSSM shall consider the following factors in determining whether school buildings are a single school campus or multiple school campuses:(a)
Whether the buildings:1.
Are connected by a sidewalk or a parking lot;2.
Are within a reasonable walking distance of each other; or3.
Are not separated by a physical barrier, including a fence, wall, waterway, roadway, or other obstruction, that prevents ready access from one building to another; or(b)
Other indices that the buildings constitute a single school campus or multiple school campuses.(3)
The OSSSM shall maintain a list of school campuses based on subsections (1) and (2) of this section.(4)
If the school district disagrees with the designation of a school campus in its district, it may appeal the school campus decision to the OSSSM by sending a written objection with an explanation of why the buildings should be considered to be a single school campus or multiple school campuses to the OSSSM. The OSSSM:(a)
May request additional information from the school district;(b)
Shall consider the information provided by the school district;(c)
Shall make a determination concerning the school district objection; and(d)
Shall provide a written decision to the appropriate SSC.(5)
The OSSSM may conduct training on the school security risk assessment tool and the School Safety and Resiliency Act for:(a)
Superintendents;(b)
District school safety coordinators;(c)
District-level school staff;(d)
School resource officers; and(e)
Other trainings as necessary to enhance school safety.Section 3.
On-site Review of the School Security Risk Assessment Tool.(1)
An OSSSM compliance officer shall conduct an on-site review for risk assessment of a school campus.(2)
The on-site review visit shall be:(a)
Unannounced;(b)
Conducted during the school day, but not be started within two (2) hours of the end of the school day.(3)
The compliance officer shall wear an issued or OSSSM approved uniform when conducting on site reviews.(4)
The compliance officer may stop the on-site review and assessment if the school does not cooperate with the on-site review and assessment process or circumvents the process. If the on-site review and assessment is stopped, the school campus shall be deemed out of compliance.(5)
After on-site review and assessment report completion, the report shall be emailed to the appropriate district SSC. If required by the district, the SSC shall be responsible for forwarding the assessment to other district personnel.Section 4.
Closed and Locked-door Exemption for Risk Assessment.(1)
Closed and locked-door exemption applications shall be completed onsite by the assigned compliance officer and forwarded to the State School Security Marshal for review.(2)
Exemption determinations shall be made on a case-by-case basis. The basis for an exemption shall include the following:(a)
A physical mechanism does not exist to secure the room. Examples may include a gymnasium with multiple doors or an open-air classroom;(b)
The room is used as a hallway, walkway, pathway, or easement to access another part of the building and a less restrictive alternative does not exist for access;(c)
Locking the door to the room would:1.
Violate an existing fire code;2.
Infringe upon an individual student's Individual Education Plan (IEP) if that student is physically present in the room; or3.
Violate the Americans with Disabilities Act (ADA); and4.
A less restrictive alternative for access is not available;(d)
Existing renovations or physical structure issues within the building make locking the doors to the room impracticable and a less restrictive alternative does not exist; or(e)
Other reasonable grounds exist to grant an exemption.(3)
Approved closed and locked-door exemptions shall be valid for the school year in which the exemption was granted and shall expire on the 30th day of June.(4)
On or before June 1 of each year, and prior to the expiration of an approved closed and locked-door exemption on June 30th, a new application for an exemption shall be completed if an exemption remains necessary for the upcoming school year.(5)
Closed and locked-door exemption applications shall be reviewed by the State School Security Marshal for approval or disapproval.Section 5.
Noncompliant School Campus.(1)
The OSSSM shall notify an SSC of the reasons for a finding of noncompliance.(2)
After being determined to be noncompliant, a school campus shall take steps to remediate the identified problems and notify the OSSSM upon completion of the remediation.(3)
A school campus determined to be noncompliant shall be reassessed a minimum of one (1) time within the current school year using the school security risk assessment tool.Section 6.
SSSM Written Approval for Local Board of Education Noncompliance with Assignment of an SRO to Each Campus in the Local School District as Required Pursuant to KRS 158.4414(2).(1)
When sufficient funds and qualified personnel are not available to allow an SRO to be assigned to and working on-site full-time at each campus in a local school district, the local board of education shall request in writing for written approval from the SSSM permitting the district's noncompliance with KRS 158.4414(2).(a)
To receive written approval from the SSSM, the local board of education must aver, in writing, that sufficient funds and qualified personnel are not available to allow an SRO to be assigned to and working on-site full-time at each campus in the local school district.(b)
Upon receipt of a request for approval from a local board of education, the SSSM:1.
May request additional information or records from the local board of education;2.
Shall consider the local board of education's averment and other information, if any other information is requested by the SSSM;3.
Shall make a determination concerning the request; and4.
Shall provide a written approval or disapproval decision to the local board of education.(2)
The SSSM shall maintain a list of written approvals of requests granted pursuant to this section. The list shall be updated if the results of an on-site review of a risk assessment of a campus indicate an SRO has been assigned to and working on-site full-time at the campus.Section 7.
Commendation.(1)
The OSSSM may award a Certificate of Commendation to an individual, school, or district in recognition of an exemplary contribution to school safety within a school district or with statewide implications.(2)
A school or district may recommend an individual for this award by providing a written letter of recommendation to the OSSSM.Section 8.
Complaint Process.(1)
If the OSSSM receives a complaint regarding a school campus, OSSSM personnel, or other item related to the mission of the OSSSM, the process shall be as follows:(a)
An OSSSM supervisor shall review and require an investigation of the complaint; and(b)
The investigation shall be reviewed by the State School Security Marshal.(2)
After review by the State School Security Marshal:(a)
If the complaint is found to be substantiated and results in a school campus being out of compliance with KRS 158.4410(5) or KRS 158.162(3)(d), the OSSSM shall update the school's security risk assessment tool to reflect the school campus being out of compliance and notify the appropriate SSC; or(b)
If the complaint involves OSSSM personnel or other item related to the mission of the OSSSM, the State School Security Marshal shall send a written response to the complainant.Section 9.
Written submissions or notifications to the OSSSM. A written submission or notification to the State School Security Marshal or OSSSM shall be made by sending the writing to:(1)
4449 Kit Carson Drive, Richmond, Kentucky 40475; or(2)
stateschoolmarshal@ky.gov.NICOLAI JILEK, Commissioner
APPROVED BY AGENCY: August 30, 2022
FILED WITH LRC: September 14, 2022 at 12:15, 2022
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 22, 2022, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until November 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Nathan Goens, Staff Attorney, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8216, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Nathan Goens
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes requirements and processes related to conducting on-site reviews for completion of the school security risk assessment tool, monitoring school safety, and conducting related training as mandated pursuant to KRS 158.441, 158.4410, 158.4414, and 158.443. It also establishes the process for a local board of education to request written approval from the State School Security Marshal if sufficient funds and qualified personnel are not available for a school resource officer to be assigned to and working on-site and full-time at every campus pursuant to KRS 158.4414(2).
(b) The necessity of this administrative regulation:
This administrative regulation is needed to carry out the provisions of KRS 158.441, 158.4410, 158.4414, and 158.443.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
As authorized by KRS 15A.160, this administrative regulation sets forth the reasonable and necessary provisions to carry out the contents of KRS 158.441, 158.4410, 158.4414, and 158.443.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes requirements and processes related to conducting on-site reviews for completion of the school security risk assessment tool, monitoring school safety, and conducting related training as mandated pursuant to KRS 158.441, 158.4410, 158.4414, and 158.443. It also establishes the process for a local board of education to request written approval from the State School Security Marshal if sufficient funds and qualified personnel are not available for a school resource officer to be assigned to and working on-site and full-time at every campus pursuant to KRS 158.4414(2).
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is not an amendment to an existing administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is not an amendment to an existing administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is not an amendment to an existing administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is not an amendment to an existing administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect approximately 1275 local, district-operated schools and staff in approximately 171 local school districts; approximately 1087 school campuses; and the Office of the State School Security Marshal and staff.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Local, district-operated schools and staff and OSSSM staff will have to take steps related to on-site risk assessment audits to determine schools’ compliance with the school security risk assessment tool.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The costs associated with this administrative regulation include the time it takes to appeal the OSSSM’s decision as to whether school buildings constitute a single or multiple campuses, request a closed and locked-door exemption for risk assessment, request written approval for local board of education’s noncompliance with KRS 158.4414(2), and to communicate with the OSSSM regarding each. These acts should take the regulated entity no more than three (3) hours to complete.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this administrative regulation will enhance the safety of school students and staff.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no initial cost to implement this administrative regulation as the requirements included are mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(b) On a continuing basis:
There are no ongoing costs to implement this administrative regulation as the requirements included are mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funding for the implementation of this administrative regulation is provided from the Kentucky Law Enforcement Foundation Program Fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The administrative regulation will impact local boards of education and district-operated school campuses and the Office of the State School Security Marshal.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, KRS 15A.070(4), KRS 158.4410.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not generate revenue.
(c) How much will it cost to administer this program for the first year?
There is no cost associated with administering this program for the first year as the requirements included with the administrative regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(d) How much will it cost to administer this program for subsequent years?
There is no cost associated with administering this program for subsequent years as the requirements included with the administrative regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
0
Expenditures (+/-):
0
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
The administrative regulation is not anticipated to generate any cost savings for the regulated entities for the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
The administrative regulation is not anticipated to generate any cost savings for the regulated entities for subsequent years.
(c) How much will it cost the regulated entities for the first year?
There are no anticipated first-year costs for regulated entities related to this administrative regulation as the requirements included within the administrative regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(d) How much will it cost the regulated entities for subsequent years?
There are no anticipated costs for subsequent years for regulated entities related to this administrative regulation as the requirements included within the administrative regulation are statutorily mandated by KRS 158.441 KRS 158.4410, 158.4414, and 158.443.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation is not anticipated to have a major economic impact as all requirements included with the regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Criminal Justice Training
(New Administrative Regulation)
503 KAR 7:010.On-site review of school security risk assessments and written approval of local board of education's noncompliance with KRS 158.4414(2).
Section 1.
Definitions.(1)
"Compliance officer" means the person assigned by the OSSSM to conduct an on-site review for risk assessment of a school campus.(2)
"Office of the State School Security Marshal" or "OSSSM" means the office established by KRS 158.4410(1) that is managed by the State School Security Marshal.(3)
"School campus" means all areas, including school buildings where instruction and school activities take place during the regular school day, and properties adjacent to such buildings, which are under the control of the school district and accessible to students during the school day, including the following:(a)
A single building located on real property owned or leased by a school district for instruction to students and school activities during the regular school day on a continuous basis, including extracurricular activities; or(b)
Two or more school buildings located on real property owned or leased by a school district to deliver instruction to students on a continuous basis or conduct extracurricular activities.(4)
"School resource officer" or "SRO" is defined by KRS 158.441(5).(5)
"School safety coordinator" or "SSC" means a district employee appointed by the local school district superintendent to serve as the school district's school safety coordinator and primary point of contact for public school safety and security functions.(6)
"School security risk assessment tool" means the assessment tool developed by the State School Security Marshal pursuant to KRS 158.4410(5), approved by the board for the Center for School Safety pursuant to KRS 158.443(9)(b), and incorporated by reference in 702 KAR 1:180.(7)
"State School Security Marshal" or "SSSM" means the person appointed by the commissioner of the Department of Criminal Justice Training pursuant to KRS 158.4410(3) who also acts as the manager of the OSSSM.Section 2.
OSSSM Review of Risk Assessment.(1)
The OSSSM shall assign a compliance officer to conduct an on-site review for risk assessment of the following:(a)
All school campuses of district operated schools on district owned or leased property under the administrative control of a principal or head teacher; and(b)
Any school campus of a district or state operated school on district owned or leased property with:1.
Career and technical education;2.
Special education program;3.
Preschool program; or4.
Alternative education program.(2)
The OSSSM shall consider the following factors in determining whether school buildings are a single school campus or multiple school campuses:(a)
Whether the buildings:1.
Are connected by a sidewalk or a parking lot;2.
Are within a reasonable walking distance of each other; or3.
Are not separated by a physical barrier, including a fence, wall, waterway, roadway, or other obstruction, that prevents ready access from one building to another; or(b)
Other indices that the buildings constitute a single school campus or multiple school campuses.(3)
The OSSSM shall maintain a list of school campuses based on subsections (1) and (2) of this section.(4)
If the school district disagrees with the designation of a school campus in its district, it may appeal the school campus decision to the OSSSM by sending a written objection with an explanation of why the buildings should be considered to be a single school campus or multiple school campuses to the OSSSM. The OSSSM:(a)
May request additional information from the school district;(b)
Shall consider the information provided by the school district;(c)
Shall make a determination concerning the school district objection; and(d)
Shall provide a written decision to the appropriate SSC.(5)
The OSSSM may conduct training on the school security risk assessment tool and the School Safety and Resiliency Act for:(a)
Superintendents;(b)
District school safety coordinators;(c)
District-level school staff;(d)
School resource officers; and(e)
Other trainings as necessary to enhance school safety.Section 3.
On-site Review of the School Security Risk Assessment Tool.(1)
An OSSSM compliance officer shall conduct an on-site review for risk assessment of a school campus.(2)
The on-site review visit shall be:(a)
Unannounced;(b)
Conducted during the school day, but not be started within two (2) hours of the end of the school day.(3)
The compliance officer shall wear an issued or OSSSM approved uniform when conducting on site reviews.(4)
The compliance officer may stop the on-site review and assessment if the school does not cooperate with the on-site review and assessment process or circumvents the process. If the on-site review and assessment is stopped, the school campus shall be deemed out of compliance.(5)
After on-site review and assessment report completion, the report shall be emailed to the appropriate district SSC. If required by the district, the SSC shall be responsible for forwarding the assessment to other district personnel.Section 4.
Closed and Locked-door Exemption for Risk Assessment.(1)
Closed and locked-door exemption applications shall be completed onsite by the assigned compliance officer and forwarded to the State School Security Marshal for review.(2)
Exemption determinations shall be made on a case-by-case basis. The basis for an exemption shall include the following:(a)
A physical mechanism does not exist to secure the room. Examples may include a gymnasium with multiple doors or an open-air classroom;(b)
The room is used as a hallway, walkway, pathway, or easement to access another part of the building and a less restrictive alternative does not exist for access;(c)
Locking the door to the room would:1.
Violate an existing fire code;2.
Infringe upon an individual student's Individual Education Plan (IEP) if that student is physically present in the room; or3.
Violate the Americans with Disabilities Act (ADA); and4.
A less restrictive alternative for access is not available;(d)
Existing renovations or physical structure issues within the building make locking the doors to the room impracticable and a less restrictive alternative does not exist; or(e)
Other reasonable grounds exist to grant an exemption.(3)
Approved closed and locked-door exemptions shall be valid for the school year in which the exemption was granted and shall expire on the 30th day of June.(4)
On or before June 1 of each year, and prior to the expiration of an approved closed and locked-door exemption on June 30th, a new application for an exemption shall be completed if an exemption remains necessary for the upcoming school year.(5)
Closed and locked-door exemption applications shall be reviewed by the State School Security Marshal for approval or disapproval.Section 5.
Noncompliant School Campus.(1)
The OSSSM shall notify an SSC of the reasons for a finding of noncompliance.(2)
After being determined to be noncompliant, a school campus shall take steps to remediate the identified problems and notify the OSSSM upon completion of the remediation.(3)
A school campus determined to be noncompliant shall be reassessed a minimum of one (1) time within the current school year using the school security risk assessment tool.Section 6.
SSSM Written Approval for Local Board of Education Noncompliance with Assignment of an SRO to Each Campus in the Local School District as Required Pursuant to KRS 158.4414(2).(1)
When sufficient funds and qualified personnel are not available to allow an SRO to be assigned to and working on-site full-time at each campus in a local school district, the local board of education shall request in writing for written approval from the SSSM permitting the district's noncompliance with KRS 158.4414(2).(a)
To receive written approval from the SSSM, the local board of education must aver, in writing, that sufficient funds and qualified personnel are not available to allow an SRO to be assigned to and working on-site full-time at each campus in the local school district.(b)
Upon receipt of a request for approval from a local board of education, the SSSM:1.
May request additional information or records from the local board of education;2.
Shall consider the local board of education's averment and other information, if any other information is requested by the SSSM;3.
Shall make a determination concerning the request; and4.
Shall provide a written approval or disapproval decision to the local board of education.(2)
The SSSM shall maintain a list of written approvals of requests granted pursuant to this section. The list shall be updated if the results of an on-site review of a risk assessment of a campus indicate an SRO has been assigned to and working on-site full-time at the campus.Section 7.
Commendation.(1)
The OSSSM may award a Certificate of Commendation to an individual, school, or district in recognition of an exemplary contribution to school safety within a school district or with statewide implications.(2)
A school or district may recommend an individual for this award by providing a written letter of recommendation to the OSSSM.Section 8.
Complaint Process.(1)
If the OSSSM receives a complaint regarding a school campus, OSSSM personnel, or other item related to the mission of the OSSSM, the process shall be as follows:(a)
An OSSSM supervisor shall review and require an investigation of the complaint; and(b)
The investigation shall be reviewed by the State School Security Marshal.(2)
After review by the State School Security Marshal:(a)
If the complaint is found to be substantiated and results in a school campus being out of compliance with KRS 158.4410(5) or KRS 158.162(3)(d), the OSSSM shall update the school's security risk assessment tool to reflect the school campus being out of compliance and notify the appropriate SSC; or(b)
If the complaint involves OSSSM personnel or other item related to the mission of the OSSSM, the State School Security Marshal shall send a written response to the complainant.Section 9.
Written submissions or notifications to the OSSSM. A written submission or notification to the State School Security Marshal or OSSSM shall be made by sending the writing to:(1)
4449 Kit Carson Drive, Richmond, Kentucky 40475; or(2)
stateschoolmarshal@ky.gov.NICOLAI JILEK, Commissioner
APPROVED BY AGENCY: August 30, 2022
FILED WITH LRC: September 14, 2022 at 12:15, 2022
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 22, 2022, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until November 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Nathan Goens, Staff Attorney, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8216, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Nathan Goens
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes requirements and processes related to conducting on-site reviews for completion of the school security risk assessment tool, monitoring school safety, and conducting related training as mandated pursuant to KRS 158.441, 158.4410, 158.4414, and 158.443. It also establishes the process for a local board of education to request written approval from the State School Security Marshal if sufficient funds and qualified personnel are not available for a school resource officer to be assigned to and working on-site and full-time at every campus pursuant to KRS 158.4414(2).
(b) The necessity of this administrative regulation:
This administrative regulation is needed to carry out the provisions of KRS 158.441, 158.4410, 158.4414, and 158.443.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
As authorized by KRS 15A.160, this administrative regulation sets forth the reasonable and necessary provisions to carry out the contents of KRS 158.441, 158.4410, 158.4414, and 158.443.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes requirements and processes related to conducting on-site reviews for completion of the school security risk assessment tool, monitoring school safety, and conducting related training as mandated pursuant to KRS 158.441, 158.4410, 158.4414, and 158.443. It also establishes the process for a local board of education to request written approval from the State School Security Marshal if sufficient funds and qualified personnel are not available for a school resource officer to be assigned to and working on-site and full-time at every campus pursuant to KRS 158.4414(2).
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is not an amendment to an existing administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is not an amendment to an existing administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is not an amendment to an existing administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is not an amendment to an existing administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect approximately 1275 local, district-operated schools and staff in approximately 171 local school districts; approximately 1087 school campuses; and the Office of the State School Security Marshal and staff.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Local, district-operated schools and staff and OSSSM staff will have to take steps related to on-site risk assessment audits to determine schools’ compliance with the school security risk assessment tool.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The costs associated with this administrative regulation include the time it takes to appeal the OSSSM’s decision as to whether school buildings constitute a single or multiple campuses, request a closed and locked-door exemption for risk assessment, request written approval for local board of education’s noncompliance with KRS 158.4414(2), and to communicate with the OSSSM regarding each. These acts should take the regulated entity no more than three (3) hours to complete.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this administrative regulation will enhance the safety of school students and staff.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no initial cost to implement this administrative regulation as the requirements included are mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(b) On a continuing basis:
There are no ongoing costs to implement this administrative regulation as the requirements included are mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funding for the implementation of this administrative regulation is provided from the Kentucky Law Enforcement Foundation Program Fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The administrative regulation will impact local boards of education and district-operated school campuses and the Office of the State School Security Marshal.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, KRS 15A.070(4), KRS 158.4410.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not generate revenue.
(c) How much will it cost to administer this program for the first year?
There is no cost associated with administering this program for the first year as the requirements included with the administrative regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(d) How much will it cost to administer this program for subsequent years?
There is no cost associated with administering this program for subsequent years as the requirements included with the administrative regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
0
Expenditures (+/-):
0
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
The administrative regulation is not anticipated to generate any cost savings for the regulated entities for the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
The administrative regulation is not anticipated to generate any cost savings for the regulated entities for subsequent years.
(c) How much will it cost the regulated entities for the first year?
There are no anticipated first-year costs for regulated entities related to this administrative regulation as the requirements included within the administrative regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.
(d) How much will it cost the regulated entities for subsequent years?
There are no anticipated costs for subsequent years for regulated entities related to this administrative regulation as the requirements included within the administrative regulation are statutorily mandated by KRS 158.441 KRS 158.4410, 158.4414, and 158.443.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation is not anticipated to have a major economic impact as all requirements included with the regulation are statutorily mandated by KRS 158.441, 158.4410, 158.4414, and 158.443.