House Bill 288

Actions | Amendments
Last Action 03/16/23: passed over and retained in the Orders of the Day
Title AN ACT relating to teacher misconduct.
Bill Documents Current
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

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: 3/29/2023 10:43 AM (EDT)