Kentucky
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House Bill 288

Actions | Amendments
Last Action 03/29/23: recommitted to Education (S)
Title AN ACT relating to teacher misconduct.
Bill Documents Current/Final
Introduced
Bill Request Number 1216
Sponsors J. Tipton, K. King, P. Stevenson
Summary of Original Version 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.
Index Headings of Original Version Education, Elementary and Secondary - Nonpublic schools, background checks, requirements
Education, Elementary and Secondary - Nonpublic schools, reference checks, requirements
Education, Elementary and Secondary - School district applicants, reference checks
Education, Elementary and Secondary - School personnel, abusive conduct, nondisclosure agreement, prohibition
Education, Elementary and Secondary - School personnel, abusive conduct, records, retention
Education, Elementary and Secondary - School personnel, state criminal background check, requirement
Education, Elementary and Secondary - Schools, abusive conduct, nondisclosure agreement, prohibition
State Agencies - Education Professional Standards Board, pending disciplinary action, record requests
State Agencies - Kentucky Board of Education, nonpublic schools, certification standards
State Agencies - Kentucky Department of Education, sexual misconduct training, development
Teachers - Abusive conduct, allegations and investigations, disclosure
Teachers - Abusive conduct, records, retention
Teachers - Employment applications, reference checks
Teachers - Sexual misconduct training, requirement
Teachers - State criminal background check, requirement
Children and Minors - School personnel, abusive conduct, disclosure
Children and Minors - Schools, abusive conduct, nondisclosure agreement, prohibition
Contracts - School personnel, abusive conduct, nondisclosure agreement, prohibition
Jump to Proposed Amendments House Committee Substitute 1
Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
02/14/23
  • introduced in House
  • to Committee on Committees (H)
02/23/23
  • to Education (H)
02/28/23
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/01/23
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Thursday, March 02, 2023
03/02/23
  • 3rd reading, passed 97-0 with Committee Substitute (1)
03/03/23
  • received in Senate
  • to Committee on Committees (S)
03/07/23
  • to Education (S)
03/09/23
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/10/23
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute
  • posted for passage in the Regular Orders of the Day for Monday, March 13, 2023
03/13/23
  • passed over and retained in the Orders of the Day
  • floor amendment (2) filed to Committee Substitute
03/14/23
  • passed over and retained in the Orders of the Day
03/15/23
  • passed over and retained in the Orders of the Day
03/16/23
  • passed over and retained in the Orders of the Day
03/29/23
  • recommitted to Education (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain original provisions, except revise indemnification language to grant immunity for disclosures made about school employee conduct; require requests for information to be satisfied in 10 working days instead of 10 days.
Index Headings Education, Elementary and Secondary - Conduct disclosure, immunity
Education, Elementary and Secondary - School district applicant, employment history request, deadline
Teachers - Conduct disclosure, immunity

Amendment Senate Committee Substitute 1
Summary Retain original provisions; provide that the reference check requirements apply to all nonfaculty coaches and assistant coaches.
Index Headings Education, Elementary and Secondary - Reference checks, nonfaculty coaches, requirement
Athletics - School reference checks, nonfaculty coaches, requirement

Amendment Senate Floor Amendment 1
Sponsor J. Higdon
Summary Require allegation reports to include the source and how received; exclude anonymous allegations from the reporting requirements.
Index Headings Education, Elementary and Secondary - Misconduct allegations, reporting, requirements
Teachers - Misconduct allegations, reporting, requirements

Amendment Senate Floor Amendment 2
Sponsor D. Givens
Summary Require school districts to disclose allegations and investigations occuring within the previous four years; require records relating to an allegation to remain in an employee's personnel file four years from conclusion of the investigation.
Index Headings Education, Elementary and Secondary - Misconduct allegation, disclosure requirement, timeframe
Education, Elementary and Secondary - Misconduct allegation, personnel file, timeframe, requirement
Teachers - Misconduct allegation, disclosure requirement, timeframe
Teachers - Misconduct allegation, personnel file, timeframe, requirement

Last updated: 11/9/2023 3:03 PM (EST)