Text of KY HB 160 (2026)

UNOFFICIAL COPY 26 RS BR 232 Page 1 of 89 XXXX 10/23/2025 11:39 AM Jacketed AN ACT relating to public charter schools. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 18A.225 is amended to read as follows: 3 (1) (a) The term "employee" for purposes of this section means: 4 1. Any person, including an elected public official, who is regularly 5 employed by any department, office, board, agency, or branch of state 6 government; or by a public postsecondary educational institution; or by 7 any city, urban-county, charter county, county, or consolidated local 8 government, whose legislative body has opted to participate in the state- 9 sponsored health insurance program pursuant to KRS 79.080; and who 10 is either a contributing member to any one (1) of the retirement systems 11 administered by the state, including but not limited to the Kentucky 12 Retirement Systems, County Employees Retirement System, Kentucky 13 Teachers' Retirement System, the Legislators' Retirement Plan, or the 14 Judicial Retirement Plan; or is receiving a contractual contribution from 15 the state toward a retirement plan; or, in the case of a public 16 postsecondary education institution, is an individual participating in an 17 optional retirement plan authorized by KRS 161.567; or is eligible to 18 participate in a retirement plan established by an employer who ceases 19 participating in the Kentucky Employees Retirement System pursuant to 20 KRS 61.522 whose employees participated in the health insurance plans 21 administered by the Personnel Cabinet prior to the employer's effective 22 cessation date in the Kentucky Employees Retirement System; 23 2. Any certified or classified employee of a local board of education[ or a 24 public charter school as defined in KRS 160.1590]; 25 3. Any elected member of a local board of education; 26 4. Any person who is a present or future recipient of a retirement 27 UNOFFICIAL COPY 26 RS BR 232 Page 2 of 89 XXXX 10/23/2025 11:39 AM Jacketed allowance from the Kentucky Retirement Systems, County Employees 1 Retirement System, Kentucky Teachers' Retirement System, the 2 Legislators' Retirement Plan, the Judicial Retirement Plan, or the 3 Kentucky Community and Technical College System's optional 4 retirement plan authorized by KRS 161.567, except that a person who is 5 receiving a retirement allowance and who is age sixty-five (65) or older 6 shall not be included, with the exception of persons covered under KRS 7 61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 8 employed pursuant to subparagraph 1. of this paragraph; and 9 5. Any eligible dependents and beneficiaries of participating employees 10 and retirees who are entitled to participate in the state-sponsored health 11 insurance program; 12 (b) The term "health benefit plan" for the purposes of this section means a health 13 benefit plan as defined in KRS 304.17A-005; 14 (c) The term "insurer" for the purposes of this section means an insurer as defined 15 in KRS 304.17A-005; and 16 (d) The term "managed care plan" for the purposes of this section means a 17 managed care plan as defined in KRS 304.17A-500. 18 (2) (a) The secretary of the Finance and Administration Cabinet, upon the 19 recommendation of the secretary of the Personnel Cabinet, shall procure, in 20 compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 21 from one (1) or more insurers authorized to do business in this state, a group 22 health benefit plan that may include but not be limited to health maintenance 23 organization (HMO), preferred provider organization (PPO), point of service 24 (POS), and exclusive provider organization (EPO) benefit plans 25 encompassing all or any class or classes of employees. With the exception of 26 employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 27 UNOFFICIAL COPY 26 RS BR 232 Page 3 of 89 XXXX 10/23/2025 11:39 AM Jacketed all employers of any class of employees or former employees shall enter into 1 a contract with the Personnel Cabinet prior to including that group in the state 2 health insurance group. The contracts shall include but not be limited to 3 designating the entity responsible for filing any federal forms, adoption of 4 policies required for proper plan administration, acceptance of the contractual 5 provisions with health insurance carriers or third-party administrators, and 6 adoption of the payment and reimbursement methods necessary for efficient 7 administration of the health insurance program. Health insurance coverage 8 provided to state employees under this section shall, at a minimum, contain 9 the same benefits as provided under Kentucky Kare Standard as of January 1, 10 1994, and shall include a mail-order drug option as provided in subsection 11 (13) of this section. All employees and other persons for whom the health care 12 coverage is provided or made available shall annually be given an option to 13 elect health care coverage through a self-funded plan offered by the 14 Commonwealth or, if a self-funded plan is not available, from a list of 15 coverage options determined by the competitive bid process under the 16 provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 17 during annual open enrollment. 18 (b) The policy or policies shall be approved by the commissioner of insurance 19 and may contain the provisions the commissioner of insurance approves, 20 whether or not otherwise permitted by the insurance laws. 21 (c) Any carrier bidding to offer health care coverage to employees shall agree to 22 provide coverage to all members of the state group, including active 23 employees and retirees and their eligible covered dependents and 24 beneficiaries, within the county or counties specified in its bid. Except as 25 provided in subsection (20) of this section, any carrier bidding to offer health 26 care coverage to employees shall also agree to rate all employees as a single 27 UNOFFICIAL COPY 26 RS BR 232 Page 4 of 89 XXXX 10/23/2025 11:39 AM Jacketed entity, except for those retirees whose former employers insure their active 1 employees outside the state-sponsored health insurance program and as 2 otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 3 (d) Any carrier bidding to offer health care coverage to employees shall agree to 4 provide enrollment, claims, and utilization data to the Commonwealth in a 5 format specified by the Personnel Cabinet with the understanding that the data 6 shall be owned by the Commonwealth; to provide data in an electronic form 7 and within a time frame specified by the Personnel Cabinet; and to be subject 8 to penalties for noncompliance with data reporting requirements as specified 9 by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 10 to protect the confidentiality of each individual employee; however, 11 confidentiality assertions shall not relieve a carrier from the requirement of 12 providing stipulated data to the Commonwealth. 13 (e) The Personnel Cabinet shall develop the necessary techniques and capabilities 14 for timely analysis of data received from carriers and, to the extent possible, 15 provide in the request-for-proposal specifics relating to data requirements, 16 electronic reporting, and penalties for noncompliance. The Commonwealth 17 shall own the enrollment, claims, and utilization data provided by each carrier 18 and shall develop methods to protect the confidentiality of the individual. The 19 Personnel Cabinet shall include in the October annual report submitted 20 pursuant to the provisions of KRS 18A.226 to the Governor, the General 21 Assembly, and the Chief Justice of the Supreme Court, an analysis of the 22 financial stability of the program, which shall include but not be limited to 23 loss ratios, methods of risk adjustment, measurements of carrier quality of 24 service, prescription coverage and cost management, and statutorily required 25 mandates. If state self-insurance was available as a carrier option, the report 26 also shall provide a detailed financial analysis of the self-insurance fund 27 UNOFFICIAL COPY 26 RS BR 232 Page 5 of 89 XXXX 10/23/2025 11:39 AM Jacketed including but not limited to loss ratios, reserves, and reinsurance agreements. 1 (f) If any agency participating in the state-sponsored employee health insurance 2 program for its active employees terminates participation and there is a state 3 appropriation for the employer's contribution for active employees' health 4 insurance coverage, then neither the agency nor the employees shall receive 5 the state-funded contribution after termination from the state-sponsored 6 employee health insurance program. 7 (g) Any funds in flexible spending accounts that remain after all reimbursements 8 have been processed shall be transferred to the credit of the state-sponsored 9 health insurance plan's appropriation account. 10 (h) Each entity participating in the state-sponsored health insurance program shall 11 provide an amount at least equal to the state contribution rate for the employer 12 portion of the health insurance premium. For any participating entity that used 13 the state payroll system, the employer contribution amount shall be equal to 14 but not greater than the state contribution rate. 15 (3) The premiums may be paid by the policyholder: 16 (a) Wholly from funds contributed by the employee, by payroll deduction or 17 otherwise; 18 (b) Wholly from funds contributed by any department, board, agency, public 19 postsecondary education institution, or branch of state, city, urban-county, 20 charter county, county, or consolidated local government; or 21 (c) Partly from each, except that any premium due for health care coverage or 22 dental coverage, if any, in excess of the premium amount contributed by any 23 department, board, agency, postsecondary education institution, or branch of 24 state, city, urban-county, charter county, county, or consolidated local 25 government for any other health care coverage shall be paid by the employee. 26 (4) If an employee moves his or her place of residence or employment out of the 27 UNOFFICIAL COPY 26 RS BR 232 Page 6 of 89 XXXX 10/23/2025 11:39 AM Jacketed service area of an insurer offering a managed health care plan, under which he or 1 she has elected coverage, into either the service area of another managed health care 2 plan or into an area of the Commonwealth not within a managed health care plan 3 service area, the employee shall be given an option, at the time of the move or 4 transfer, to change his or her coverage to another health benefit plan. 5 (5) A[No] payment of premium by any department, board, agency, public 6 postsecondary educational institution, or branch of state, city, urban-county, charter 7 county, county, or consolidated local government shall not constitute compensation 8 to an insured employee for the purposes of any statute fixing or limiting the 9 compensation of such an employee. Any premium or other expense incurred by any 10 department, board, agency, public postsecondary educational institution, or branch 11 of state, city, urban-county, charter county, county, or consolidated local 12 government shall be considered a proper cost of administration. 13 (6) The policy or policies may contain the provisions with respect to the class or classes 14 of employees covered, amounts of insurance or coverage for designated classes or 15 groups of employees, policy options, terms of eligibility, and continuation of 16 insurance or coverage after retirement. 17 (7) Group rates under this section shall be made available to the disabled child of an 18 employee regardless of the child's age if the entire premium for the disabled child's 19 coverage is paid by the state employee. A child shall be considered disabled if he or 20 she has been determined to be eligible for federal Social Security disability benefits. 21 (8) The health care contract or contracts for employees shall be entered into for a 22 period of not less than one (1) year. 23 (9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of 24 State Health Insurance Subscribers to advise the secretary or the secretary's 25 designee regarding the state-sponsored health insurance program for employees. 26 The secretary shall appoint, from a list of names submitted by appointing 27 UNOFFICIAL COPY 26 RS BR 232 Page 7 of 89 XXXX 10/23/2025 11:39 AM Jacketed authorities, members representing school districts from each of the seven (7) 1 Supreme Court districts, members representing state government from each of the 2 seven (7) Supreme Court districts, two (2) members representing retirees under age 3 sixty-five (65), one (1) member representing local health departments, two (2) 4 members representing the Kentucky Teachers' Retirement System, and three (3) 5 members at large. The secretary shall also appoint two (2) members from a list of 6 five (5) names submitted by the Kentucky Education Association, two (2) members 7 from a list of five (5) names submitted by the largest state employee organization of 8 nonschool state employees, two (2) members from a list of five (5) names submitted 9 by the Kentucky Association of Counties, two (2) members from a list of five (5) 10 names submitted by the Kentucky League of Cities, and two (2) members from a 11 list of names consisting of five (5) names submitted by each state employee 12 organization that has two thousand (2,000) or more members on state payroll 13 deduction. The advisory committee shall be appointed in January of each year and 14 shall meet quarterly. 15 (10) Notwithstanding any other provision of law to the contrary, the policy or policies 16 provided to employees pursuant to this section shall not provide coverage for 17 obtaining or performing an abortion, nor shall any state funds be used for the 18 purpose of obtaining or performing an abortion on behalf of employees or their 19 dependents. 20 (11) Interruption of an established treatment regime with maintenance drugs shall be 21 grounds for an insured to appeal a formulary change through the established appeal 22 procedures approved by the Department of Insurance, if the physician supervising 23 the treatment certifies that the change is not in the best interests of the patient. 24 (12) Any employee who is eligible for and elects to participate in the state health 25 insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 26 one (1) of the state-sponsored retirement systems shall not be eligible to receive the 27 UNOFFICIAL COPY 26 RS BR 232 Page 8 of 89 XXXX 10/23/2025 11:39 AM Jacketed state health insurance contribution toward health care coverage as a result of any 1 other employment for which there is a public employer contribution. This does not 2 preclude a retiree and an active employee spouse from using both contributions to 3 the extent needed for purchase of one (1) state sponsored health insurance policy 4 for that plan year. 5 (13) (a) The policies of health insurance coverage procured under subsection (2) of 6 this section shall include a mail-order drug option for maintenance drugs for 7 state employees. Maintenance drugs may be dispensed by mail order in 8 accordance with Kentucky law. 9 (b) A health insurer shall not discriminate against any retail pharmacy located 10 within the geographic coverage area of the health benefit plan and that meets 11 the terms and conditions for participation established by the insurer, including 12 price, dispensing fee, and copay requirements of a mail-order option. The 13 retail pharmacy shall not be required to dispense by mail. 14 (c) The mail-order option shall not permit the dispensing of a controlled 15 substance classified in Schedule II. 16 (14) The policy or policies provided to state employees or their dependents pursuant to 17 this section shall provide coverage for obtaining a hearing aid and acquiring hearing 18 aid-related services for insured individuals under eighteen (18) years of age, subject 19 to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months 20 pursuant to KRS 304.17A-132. 21 (15) Any policy provided to state employees or their dependents pursuant to this section 22 shall provide coverage for the diagnosis and treatment of autism spectrum disorders 23 consistent with KRS 304.17A-142. 24 (16) Any policy provided to state employees or their dependents pursuant to this section 25 shall provide coverage for obtaining amino acid-based elemental formula pursuant 26 to KRS 304.17A-258. 27 UNOFFICIAL COPY 26 RS BR 232 Page 9 of 89 XXXX 10/23/2025 11:39 AM Jacketed (17) If a state employee's residence and place of employment are in the same county, 1 and if the hospital located within that county does not offer surgical services, 2 intensive care services, obstetrical services, level II neonatal services, diagnostic 3 cardiac catheterization services, and magnetic resonance imaging services, the 4 employee may select a plan available in a contiguous county that does provide 5 those services, and the state contribution for the plan shall be the amount available 6 in the county where the plan selected is located. 7 (18) If a state employee's residence and place of employment are each located in 8 counties in which the hospitals do not offer surgical services, intensive care 9 services, obstetrical services, level II neonatal services, diagnostic cardiac 10 catheterization services, and magnetic resonance imaging services, the employee 11 may select a plan available in a county contiguous to the county of residence that 12 does provide those services, and the state contribution for the plan shall be the 13 amount available in the county where the plan selected is located. 14 (19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 15 in the best interests of the state group to allow any carrier bidding to offer health 16 care coverage under this section to submit bids that may vary county by county or 17 by larger geographic areas. 18 (20) Notwithstanding any other provision of this section, the bid for proposals for health 19 insurance coverage for calendar year 2004 shall include a bid scenario that reflects 20 the statewide rating structure provided in calendar year 2003 and a bid scenario that 21 allows for a regional rating structure that allows carriers to submit bids that may 22 vary by region for a given product offering as described in this subsection: 23 (a) The regional rating bid scenario shall not include a request for bid on a 24 statewide option; 25 (b) The Personnel Cabinet shall divide the state into geographical regions which 26 shall be the same as the partnership regions designated by the Department for 27 UNOFFICIAL COPY 26 RS BR 232 Page 10 of 89 XXXX 10/23/2025 11:39 AM Jacketed Medicaid Services for purposes of the Kentucky Health Care Partnership 1 Program established pursuant to 907 KAR 1:705; 2 (c) The request for proposal shall require a carrier's bid to include every county 3 within the region or regions for which the bid is submitted and include but not 4 be restricted to a preferred provider organization (PPO) option; 5 (d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the 6 carrier all of the counties included in its bid within the region. If the Personnel 7 Cabinet deems the bids submitted in accordance with this subsection to be in 8 the best interests of state employees in a region, the cabinet may award the 9 contract for that region to no more than two (2) carriers; and 10 (e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 11 other requirements or criteria in the request for proposal. 12 (21) Any fully insured health benefit plan or self-insured plan issued or renewed on or 13 after July 12, 2006, to public employees pursuant to this section which provides 14 coverage for services rendered by a physician or osteopath duly licensed under KRS 15 Chapter 311 that are within the scope of practice of an optometrist duly licensed 16 under the provisions of KRS Chapter 320 shall provide the same payment of 17 coverage to optometrists as allowed for those services rendered by physicians or 18 osteopaths. 19 (22) Any fully insured health benefit plan or self-insured plan issued or renewed to 20 public employees pursuant to this section shall comply with: 21 (a) KRS 304.12-237; 22 (b) KRS 304.17A-270 and 304.17A-525; 23 (c) KRS 304.17A-600 to 304.17A-633; 24 (d) KRS 205.593; 25 (e) KRS 304.17A-700 to 304.17A-730; 26 (f) KRS 304.14-135; 27 UNOFFICIAL COPY 26 RS BR 232 Page 11 of 89 XXXX 10/23/2025 11:39 AM Jacketed (g) KRS 304.17A-580 and 304.17A-641; 1 (h) KRS 304.99-123; 2 (i) KRS 304.17A-138; 3 (j) KRS 304.17A-148; 4 (k) KRS 304.17A-163 and 304.17A-1631; 5 (l) KRS 304.17A-265; 6 (m) KRS 304.17A-261; 7 (n) KRS 304.17A-262; 8 (o) KRS 304.17A-145; 9 (p) KRS 304.17A-129; 10 (q) KRS 304.17A-133; 11 (r) KRS 304.17A-264; and 12 (s) Administrative regulations promulgated pursuant to statutes listed in this 13 subsection. 14 (23) (a) Any fully insured health benefit plan or self-insured plan issued or renewed to 15 public employees pursuant to this section shall provide a special enrollment 16 period to pregnant women who are eligible for coverage in accordance with 17 the requirements set forth in KRS 304.17-182. 18 (b) The Department of Employee Insurance shall, at or before the time a public 19 employee is initially offered the opportunity to enroll in the plan or coverage, 20 provide the employee a notice of the special enrollment rights under this 21 subsection. 22 Section 2. KRS 78.510 is amended to read as follows: 23 As used in KRS 78.510 to 78.852, unless the context otherwise requires: 24 (1) "System" means the County Employees Retirement System created by KRS 78.510 25 to 78.852; 26 (2) "Board" means the board of trustees of the system as provided in KRS 78.782; 27 UNOFFICIAL COPY 26 RS BR 232 Page 12 of 89 XXXX 10/23/2025 11:39 AM Jacketed (3) "County" means any county, or nonprofit organization created and governed by a 1 county, counties, or elected county officers, sheriff and his or her employees, 2 county clerk and his or her employees, circuit clerk and his or her deputies, former 3 circuit clerks or former circuit clerk deputies, or political subdivision or 4 instrumentality, including school boards, cities, charter county governments, urban- 5 county governments, consolidated local governments, or unified local governments 6 participating in the system by order appropriate to its governmental structure, as 7 provided in KRS 78.530, and if the board is willing to accept the agency, 8 organization, or corporation, the board being hereby granted the authority to 9 determine the eligibility of the agency to participate; 10 (4) "School board" means[: 11 (a) ] any board of education participating in the system by order appropriate to its 12 governmental structure, as provided in KRS 78.530, and if the board is willing 13 to accept the agency or corporation, the board being hereby granted the 14 authority to determine the eligibility of the agency to participate;[ or 15 (b) A public charter school as defined in KRS 160.1590 if the public charter 16 school satisfies the criteria set by the Internal Revenue Service to participate 17 in a governmental retirement plan;] 18 (5) "Examiner" means the medical examiners as provided in KRS 61.665; 19 (6) "Employee" means every regular full-time appointed or elective officer or 20 employee of a participating county and the coroner of a participating county, 21 whether or not he or she qualifies as a regular full-time officer. The term shall not 22 include persons engaged as independent contractors, seasonal, emergency, 23 temporary, and part-time workers. In case of any doubt, the board shall determine if 24 a person is an employee within the meaning of KRS 78.510 to 78.852; 25 (7) "Employer" means a county, as defined in subsection (3) of this section, the elected 26 officials of a county, or any authority of the county having the power to appoint or 27 UNOFFICIAL COPY 26 RS BR 232 Page 13 of 89 XXXX 10/23/2025 11:39 AM Jacketed elect an employee to office or employment in the county; 1 (8) "Member" means any employee who is included in the membership of the system 2 or any former employee whose membership has not ceased under KRS 78.535; 3 (9) "Service" means the total of current service and prior service as defined in this 4 section; 5 (10) "Current service" means the number of years and months of employment as an 6 employee, on and after July 1, 1958, for which creditable compensation is paid and 7 employee contributions deducted, except as otherwise provided; 8 (11) "Prior service" means the number of years and completed months, expressed as a 9 fraction of a year, of employment as an employee, prior to July 1, 1958, for which 10 creditable compensation was paid. An employee shall be credited with one (1) 11 month of prior service only in those months he or she received compensation for at 12 least one hundred (100) hours of work. Twelve (12) months of current service in the 13 system shall be required to validate prior service; 14 (12) "Accumulated contributions" means the sum of all amounts deducted from the 15 compensation of a member and credited to his or her individual account in the 16 members' account, including employee contributions picked up after August 1, 17 1982, pursuant to KRS 78.610(4), together with interest credited, on the amounts, 18 and any other amounts the member shall have contributed thereto, including interest 19 credited thereon. "Accumulated contributions" shall not include employee 20 contributions that are deposited into accounts established pursuant to 26 U.S.C. sec. 21 401(h) within the fund established in KRS 78.520, as prescribed by KRS 22 78.5536(3)(b); 23 (13) "Creditable compensation": 24 (a) Except as limited by paragraph (c) of this subsection, means all salary, wages, 25 and fees, including payments for compensatory time, paid to the employee as 26 a result of services performed for the employer or for time during which the 27 UNOFFICIAL COPY 26 RS BR 232 Page 14 of 89 XXXX 10/23/2025 11:39 AM Jacketed member is on paid leave, which are includable on the member's federal form 1 W-2 wage and tax statement under the heading "wages, tips, other 2 compensation", including employee contributions picked up after August 1, 3 1982, pursuant to KRS 78.610(4). The creditable compensation of fee officers 4 who receive salary, fees, maintenance, or other perquisites as a result of their 5 official duties is the gross amount received decreased by the cost of salary 6 paid deputies and clerks and the cost of office supplies and other official 7 expenses; 8 (b) Includes: 9 1. Lump-sum bonuses, severance pay, or employer-provided payments for 10 purchase of service credit, which shall be averaged over the employee's 11 service with the system in which it is recorded if it is equal to or greater 12 than one thousand dollars ($1,000); 13 2. Cases where compensation includes maintenance and other perquisites, 14 but the board shall fix the value of that part of the compensation not paid 15 in money; 16 3. Lump-sum payments for creditable compensation paid as a result of an 17 order of a court of competent jurisdiction, the Personnel Board, or the 18 Kentucky Commission on Human Rights, or for any creditable 19 compensation paid in anticipation of settlement of an action before a 20 court of competent jurisdiction, the Personnel Board, or the Kentucky 21 Commission on Human Rights, including notices of violations of state 22 or federal wage and hour statutes or violations of state or federal 23 discrimination statutes, which shall be credited to the fiscal year during 24 which the wages were earned or should have been paid by the employer. 25 This subparagraph shall also include lump-sum payments for reinstated 26 wages pursuant to KRS 61.569, which shall be credited to the period 27 UNOFFICIAL COPY 26 RS BR 232 Page 15 of 89 XXXX 10/23/2025 11:39 AM Jacketed during which the wages were earned or should have been paid by the 1 employer; 2 4. Amounts which are not includable in the member's gross income by 3 virtue of the member having taken a voluntary salary reduction provided 4 for under applicable provisions of the Internal Revenue Code; and 5 5. Elective amounts for qualified transportation fringes paid or made 6 available on or after January 1, 2001, for calendar years on or after 7 January 1, 2001, that are not includable in the gross income of the 8 employee by reason of 26 U.S.C. sec. 132(f)(4); and 9 (c) Excludes: 10 1. Living allowances, expense reimbursements, lump-sum payments for 11 accrued vacation leave, sick leave except as provided in KRS 78.616(5), 12 and other items determined by the board; 13 2. For employees who begin participating on or after September 1, 2008, 14 lump-sum payments for compensatory time; 15 3. Training incentive payments for city officers paid as set out in KRS 16 64.5277 to 64.5279; 17 4. For employees who begin participating on or after August 1, 2016, 18 nominal fees paid for services as a volunteer; and 19 5. Any salary or wages paid to an employee for services as a Kentucky 20 State Police school resource officer as defined by KRS 158.441; 21 (14) "Final compensation" means: 22 (a) For a member who begins participating before September 1, 2008, who is 23 employed in a nonhazardous position, the creditable compensation of the 24 member during the five (5) fiscal years he or she was paid at the highest 25 average monthly rate divided by the number of months of service credit 26 during that five (5) year period multiplied by twelve (12). The five (5) years 27 UNOFFICIAL COPY 26 RS BR 232 Page 16 of 89 XXXX 10/23/2025 11:39 AM Jacketed may be fractional and need not be consecutive. If the number of months of 1 service credit during the five (5) year period is less than forty-eight (48), one 2 (1) or more additional fiscal years shall be used; 3 (b) For a member who is employed in a nonhazardous position, whose effective 4 retirement date is between August 1, 2001, and January 1, 2009, and whose 5 total service credit is at least twenty-seven (27) years and whose age and years 6 of service total at least seventy-five (75), final compensation means the 7 creditable compensation of the member during the three (3) fiscal years the 8 member was paid at the highest average monthly rate divided by the number 9 of months of service credit during that three (3) year period multiplied by 10 twelve (12). The three (3) years may be fractional and need not be 11 consecutive. If the number of months of service credit during the three (3) 12 year period is less than twenty-four (24), one (1) or more additional fiscal 13 years shall be used; 14 (c) For a member who begins participating before September 1, 2008, who is 15 employed in a hazardous position, as provided in KRS 78.5520, the creditable 16 compensation of the member during the three (3) fiscal years he or she was 17 paid at the highest average monthly rate divided by the number of months of 18 service credit during that three (3) year period multiplied by twelve (12). The 19 three (3) years may be fractional and need not be consecutive. If the number 20 of months of service credit during the three (3) year period is less than twenty- 21 four (24), one (1) or more additional fiscal years, which may contain less than 22 twelve (12) months of service credit, shall be used; 23 (d) For a member who begins participating on or after September 1, 2008, but 24 prior to January 1, 2014, who is employed in a nonhazardous position, the 25 creditable compensation of the member during the five (5) complete fiscal 26 years immediately preceding retirement divided by five (5). Each fiscal year 27 UNOFFICIAL COPY 26 RS BR 232 Page 17 of 89 XXXX 10/23/2025 11:39 AM Jacketed used to determine final compensation must contain twelve (12) months of 1 service credit. If the member does not have five (5) complete fiscal years that 2 each contain twelve (12) months of service credit, then one (1) or more 3 additional fiscal years, which may contain less than twelve (12) months of 4 service credit, shall be added until the number of months in the final 5 compensation calculation is at least sixty (60) months; or 6 (e) For a member who begins participating on or after September 1, 2008, but 7 prior to January 1, 2014, who is employed in a hazardous position as provided 8 in KRS 78.5520, the creditable compensation of the member during the three 9 (3) complete fiscal years he or she was paid at the highest average monthly 10 rate divided by three (3). Each fiscal year used to determine final 11 compensation must contain twelve (12) months of service credit. If the 12 member does not have three (3) complete fiscal years that each contain twelve 13 (12) months of service credit, then one (1) or more additional fiscal years, 14 which may contain less than twelve (12) months of service credit, shall be 15 added until the number of months in the final compensation calculation is at 16 least thirty-six (36) months; 17 (15) "Final rate of pay" means the actual rate upon which earnings of an employee were 18 calculated during the twelve (12) month period immediately preceding the 19 member's effective retirement date, and shall include employee contributions 20 picked up after August 1, 1982, pursuant to KRS 78.610(4). The rate shall be 21 certified to the system by the employer and the following equivalents shall be used 22 to convert the rate to an annual rate: two thousand eighty (2,080) hours for eight (8) 23 hour workdays, one thousand nine hundred fifty (1,950) hours for seven and one- 24 half (7.5) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, 25 twelve (12) months, one (1) year; 26 (16) "Retirement allowance" means the retirement payments to which a member is 27 UNOFFICIAL COPY 26 RS BR 232 Page 18 of 89 XXXX 10/23/2025 11:39 AM Jacketed entitled; 1 (17) "Actuarial equivalent" means a benefit of equal value when computed upon the 2 basis of the actuarial tables adopted by the board. In cases of disability retirement, 3 the options authorized by KRS 61.635 shall be computed by adding ten (10) years 4 to the age of the member, unless the member has chosen the Social Security 5 adjustment option as provided for in KRS 61.635(8), in which case the member's 6 actual age shall be used. For members who begin participating in the system prior 7 to January 1, 2014, no disability retirement option shall be less than the same option 8 computed under early retirement; 9 (18) "Normal retirement date", unless otherwise provided in KRS 78.510 to 78.852, 10 means: 11 (a) For a member with service in a nonhazardous position, the sixty-fifth birthday 12 of a member; 13 (b) For a member with service in a hazardous position who begins participating 14 before September 1, 2008, the first day of the month following a member's 15 fifty-fifth birthday; or 16 (c) For a member with service in a hazardous position who begins participating 17 on or after September 1, 2008, the first day of the month following a 18 member's sixtieth birthday; 19 (19) "Fiscal year" of the system means the twelve (12) months from July 1 through the 20 following June 30, which shall also be the plan year. The "fiscal year" shall be the 21 limitation year used to determine contribution and benefits limits as set out in 26 22 U.S.C. sec. 415; 23 (20) "Agency reporting official" means the person designated by the participating 24 employer who shall be responsible for forwarding all employer and employee 25 contributions and a record of the contributions to the system and for performing 26 other administrative duties pursuant to KRS 78.510 to 78.852; 27 UNOFFICIAL COPY 26 RS BR 232 Page 19 of 89 XXXX 10/23/2025 11:39 AM Jacketed (21) "Regular full-time positions," as used in subsection (6) of this section, shall mean 1 all positions that average one hundred (100) or more hours per month, determined 2 by using the number of hours actually worked in a calendar or fiscal year, or eighty 3 (80) or more hours per month in the case of noncertified employees of school 4 boards, determined by using the number of hours actually worked in a calendar or 5 school year, unless otherwise specified, except: 6 (a) Seasonal positions, which although temporary in duration, are positions which 7 coincide in duration with a particular season or seasons of the year and that 8 may recur regularly from year to year, in which case the period of time shall 9 not exceed nine (9) months, except for employees of school boards, in which 10 case the period of time shall not exceed six (6) months; 11 (b) Emergency positions which are positions utilized by the employer during: 12 1. An emergency as determined by the employer for a period not 13 exceeding thirty (30) working days and are nonrenewable; or 14 2. A state of emergency declared by the President of the United States or 15 the Governor of the Commonwealth of Kentucky that are created or 16 filled specifically for addressing the employer's needs during and as a 17 result of the declared emergency; 18 (c) Temporary positions that are positions of employment with a participating 19 agency for a period of time not to exceed twelve (12) months and not 20 renewable; 21 (d) Probationary positions which are positions of employment with a participating 22 employer that do not exceed twelve (12) months and that are used uniformly 23 by the participating agency on new employees who would otherwise be 24 eligible for participation in the system. Probationary positions shall not be 25 renewable by the participating employer for the same employee, unless the 26 employee has not been employed with the participating employer for a period 27 UNOFFICIAL COPY 26 RS BR 232 Page 20 of 89 XXXX 10/23/2025 11:39 AM Jacketed of at least twelve (12) months; or 1 (e) Part-time positions that are positions that may be permanent in duration, but 2 that require less than a calendar or fiscal year average of one hundred (100) 3 hours of work per month, determined by using the number of months actually 4 worked within a calendar or fiscal year, in the performance of duty, except in 5 case of noncertified employees of school boards, the school term average shall 6 be eighty (80) hours of work per month, determined by using the number of 7 months actually worked in a calendar or school year, in the performance of 8 duty; 9 (22) "Alternate participation plan" means a method of participation in the system as 10 provided for by KRS 78.530(3); 11 (23) "Retired member" means any former member receiving a retirement allowance or 12 any former member who has on file at the retirement office the necessary 13 documents for retirement benefits and is no longer contributing to the system; 14 (24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly, 15 monthly, or yearly rate of pay converted to an annual rate as defined in final rate of 16 pay. The rate shall be certified by the employer; 17 (25) "Beneficiary" means the person, persons, estate, trust, or trustee designated by the 18 member in accordance with KRS 61.542 or 61.705 to receive any available benefits 19 in the event of the member's death. As used in KRS 78.5536, beneficiary shall not 20 mean an estate, trust, or trustee; 21 (26) "Recipient" means the retired member, the person or persons designated as 22 beneficiary by the member and drawing a retirement allowance as a result of the 23 member's death, or a dependent child drawing a retirement allowance. An alternate 24 payee of a qualified domestic relations order shall not be considered a recipient, 25 except for purposes of KRS 61.623; 26 (27) "Person" means a natural person; 27 UNOFFICIAL COPY 26 RS BR 232 Page 21 of 89 XXXX 10/23/2025 11:39 AM Jacketed (28) "School term or year" means the twelve (12) months from July 1 through the 1 following June 30; 2 (29) "Retirement office" means the Kentucky Public Pensions Authority office building 3 in Frankfort, unless otherwise designated by the Kentucky Public Pensions 4 Authority; 5 (30) "Vested" for purposes of determining eligibility for purchasing service credit under 6 KRS 61.552 means the employee has at least forty-eight (48) months of service if 7 age sixty-five (65) or older or at least sixty (60) months of service if under the age 8 of sixty-five (65). For purposes of this subsection, "service" means service in the 9 systems administered by the Kentucky Retirement Systems and County Employees 10 Retirement System; 11 (31) "Participating" means an employee is currently earning service credit in the system 12 as provided in KRS 78.615; 13 (32) "Month" means a calendar month; 14 (33) "Membership date" means the date upon which the member began participating in 15 the system as provided in KRS 78.615; 16 (34) "Participant" means a member, as defined by subsection (8) of this section, or a 17 retired member, as defined by subsection (23) of this section; 18 (35) "Qualified domestic relations order" means any judgment, decree, or order, 19 including approval of a property settlement agreement, that: 20 (a) Is issued by a court or administrative agency; and 21 (b) Relates to the provision of child support, alimony payments, or marital 22 property rights to an alternate payee; 23 (36) "Alternate payee" means a spouse, former spouse, child, or other dependent of a 24 participant, who is designated to be paid retirement benefits in a qualified domestic 25 relations order; 26 (37) "Accumulated employer credit" means the employer pay credit deposited to the 27 UNOFFICIAL COPY 26 RS BR 232 Page 22 of 89 XXXX 10/23/2025 11:39 AM Jacketed member's account and interest credited on such amounts as provided by KRS 1 78.5512 and 78.5516; 2 (38) "Accumulated account balance" means: 3 (a) For members who began participating in the system prior to January 1, 2014, 4 the member's accumulated contributions; or 5 (b) For members who began participating in the system on or after January 1, 6 2014, in the hybrid cash balance plan as provided by KRS 78.5512 and 7 78.5516, the combined sum of the member's accumulated contributions and 8 the member's accumulated employer credit; 9 (39) "Volunteer" means an individual who: 10 (a) Freely and without pressure or coercion performs hours of service for an 11 employer participating in one (1) of the systems administered by Kentucky 12 Retirement Systems or the County Employees Retirement System without 13 receipt of compensation for services rendered, except for reimbursement of 14 actual expenses, payment of a nominal fee to offset the costs of performing 15 the voluntary services, or both; and 16 (b) If a retired member, does not become an employee, leased employee, or 17 independent contractor of the employer for which he or she is performing 18 volunteer services for a period of at least twelve (12) months following the 19 retired member's most recent retirement date; 20 (40) "Nominal fee" means compensation earned for services as a volunteer that does not 21 exceed five hundred dollars ($500) per month with each participating employer. 22 Compensation earned for services as a volunteer from more than one (1) 23 participating employer during a month shall not be aggregated to determine whether 24 the compensation exceeds the five hundred dollars ($500) per month maximum 25 provided by this subsection; 26 (41) "Nonhazardous position" means a position that does not meet the requirements of 27 UNOFFICIAL COPY 26 RS BR 232 Page 23 of 89 XXXX 10/23/2025 11:39 AM Jacketed KRS 78.5520 or has not been approved by the board as a hazardous position; 1 (42) "Hazardous position" means a position that meets the requirements of KRS 78.5520 2 and has been approved by the board as hazardous; 3 (43) "Level-percentage-of-payroll amortization method" means a method of determining 4 the annual amortization payment on the unfunded actuarial accrued liability as 5 expressed as a percentage of payroll over a set period of years. Under this method, 6 the percentage of payroll shall be projected to remain constant for all years 7 remaining in the set period and the unfunded actuarially accrued liability shall be 8 projected to be fully amortized at the conclusion of the set period; 9 (44) "Increment" means twelve (12) months of service credit which are purchased. The 10 twelve (12) months need not be consecutive. The final increment may be less than 11 twelve (12) months; 12 (45) "Last day of paid employment" means the last date employer and employee 13 contributions are required to be reported in accordance with KRS 16.543, 61.543, or 14 78.615 to the retirement office in order for the employee to receive current service 15 credit for the month. Last day of paid employment does not mean a date the 16 employee receives payment for accrued leave, whether by lump sum or otherwise, 17 if that date occurs twenty-four (24) or more months after previous contributions; 18 (46) "Objective medical evidence" means reports of examinations or treatments; medical 19 signs which are anatomical, physiological, or psychological abnormalities that can 20 be observed; psychiatric signs which are medically demonstrable phenomena 21 indicating specific abnormalities of behavior, affect, thought, memory, orientation, 22 or contact with reality; or laboratory findings which are anatomical, physiological, 23 or psychological phenomena that can be shown by medically acceptable laboratory 24 diagnostic techniques, including but not limited to chemical tests, 25 electrocardiograms, electroencephalograms, X-rays, and psychological tests; 26 (47) "Hazardous disability" as used in KRS 78.510 to 78.852 means a disability which 27 UNOFFICIAL COPY 26 RS BR 232 Page 24 of 89 XXXX 10/23/2025 11:39 AM Jacketed results in an employee's total incapacity to continue as an employee in a hazardous 1 position, but the employee is not necessarily deemed to be totally and permanently 2 disabled to engage in other occupations for remuneration or profit; 3 (48) "Act in line of duty" means, for employees in hazardous positions under KRS 4 78.5520: 5 (a) A single act occurring which was required in the performance of the principal 6 duties of the hazardous position as defined by the job description; or 7 (b) A single act of violence committed against the employee that is found to be 8 related to his or her job duties, whether or not it occurs at his or her job site; 9 (49) "Dependent child" means a child in the womb and a natural or legally adopted child 10 of the member who has neither attained age eighteen (18) nor married or who is an 11 unmarried full-time student who has not attained age twenty-two (22). Solely in the 12 case of a member who dies as a direct result of an act in line of duty as defined in 13 this section, dies as a result of a duty-related injury as defined in KRS 61.621, 14 becomes totally and permanently disabled as a direct result of an act in the line of 15 duty as defined in this section, or becomes disabled as a result of a duty-related 16 injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 17 61.621(5)(a), "dependent child" also means a naturally or legally adopted disabled 18 child of the member, regardless of the child's age, if the child has been determined 19 to be eligible for federal Social Security disability benefits or is being claimed as a 20 qualifying child for tax purposes due to the child's total and permanent disability; 21 (50) "Normal retirement age" means the age at which the member meets the 22 requirements for his or her normal retirement date as provided by subsection (18) of 23 this section; 24 (51) "Disability retirement date" means the first day of the month following the last day 25 of paid employment; 26 (52) "Monthly average pay" means: 27 UNOFFICIAL COPY 26 RS BR 232 Page 25 of 89 XXXX 10/23/2025 11:39 AM Jacketed (a) In the case of a member who dies as a direct result of an act in line of duty as 1 defined in KRS 16.505 or who dies as a result of a duty-related injury as 2 defined in KRS 61.621, the higher of the member's monthly final rate of pay 3 or the average monthly creditable compensation earned by the deceased 4 member during his or her last twelve (12) months of employment; or 5 (b) In the case where a member becomes totally and permanently disabled as a 6 direct result of an act in line of duty as defined in KRS 16.505 or becomes 7 disabled as a result of a duty-related injury as defined in KRS 61.621 and is 8 eligible for the benefits provided by KRS 61.621(5)(a), the higher of the 9 member's monthly final rate of pay or the average monthly creditable 10 compensation earned by the disabled member during his or her last twelve 11 (12) months of employment prior to the date the act in line of duty or duty- 12 related injury occurred; 13 (53) "Authority" means the Kentucky Public Pensions Authority as provided by KRS 14 61.505; 15 (54) "Executive director" means the executive director of the Kentucky Public Pensions 16 Authority; and 17 (55) "Gainful employment" means work in any capacity that is or may be performed 18 with regularity and is or may be usually done for pay, whether pay is received or 19 not received, including seasonal, volunteer, part-time, and on-call work. 20 Section 3. KRS 156.095 is amended to read as follows: 21 (1) (a) The Kentucky Department of Education shall establish, direct, and maintain a 22 statewide program of professional development to improve instruction in the 23 public schools. 24 (b) [By August 1, 2025, ]The department shall create a four (4) year recurring 25 professional development training schedule that includes all professional 26 development for certified personnel required by subsection (2) of this section 27 UNOFFICIAL COPY 26 RS BR 232 Page 26 of 89 XXXX 10/23/2025 11:39 AM Jacketed and federal law. 1 (c) Each local school district shall implement the professional development 2 training schedule created by the department. 3 (2) All certified school district employees[ and public charter school employees] shall 4 complete at least one (1) hour of each of the following trainings within twelve (12) 5 months of initial hire and at least once every four (4) years thereafter: 6 (a) How to respond to an active shooter situation training prepared by the 7 Department of Criminal Justice Training in collaboration with the department, 8 the Kentucky Law Enforcement Council, and the Center for School Safety; 9 (b) Child abuse and neglect prevention, recognition, and reporting training from 10 the list of trainings approved by the department in accordance with subsection 11 (7) of this section; 12 (c) 1. High-quality, evidence-based suicide prevention training, including risk 13 factors, warning signs, protective factors, response procedures, referral, 14 postvention, and the recognition of signs and symptoms of possible 15 mental illness. 16 2. As used in this paragraph, "postvention" means a series of planned 17 supports and interventions with persons affected by a suicide for the 18 purpose of facilitating the grieving or adjustment process, stabilizing the 19 environment, reducing the risk of negative behaviors, and limiting the 20 risk of further suicides through contagion; and 21 (d) Self-study review of seizure disorder materials. 22 (3) (a) Each local school district superintendent shall appoint a certified school 23 employee to fulfill the role and responsibilities of a professional development 24 coordinator who shall disseminate professional development information to 25 schools and personnel. Upon request by a school council or any employees of 26 the district, the coordinator shall provide technical assistance to the council or 27 UNOFFICIAL COPY 26 RS BR 232 Page 27 of 89 XXXX 10/23/2025 11:39 AM Jacketed the personnel that may include assisting with needs assessments, analyzing 1 school data, planning and evaluation assistance, organizing districtwide 2 programs requested by school councils or groups of teachers, or other 3 coordination activities. 4 (b) The manner of appointment, qualifications, and other duties of the 5 professional development coordinator shall be established by the local board 6 of education. 7 (c) The local district professional development coordinator may participate in the 8 Kentucky Department of Education annual training program for local school 9 district professional development coordinators. The training program may 10 include but not be limited to the demonstration of various approaches to needs 11 assessment and planning; strategies for implementing long-term, school-based 12 professional development; strategies for strengthening teachers' roles in the 13 planning, development, and evaluation of professional development; and 14 demonstrations of model professional development programs. The training 15 shall include information about teacher learning opportunities relating to the 16 core content standards. The department shall regularly collect and distribute 17 this information. 18 (4) The department shall provide or facilitate optional, professional development 19 programs for certified personnel throughout the Commonwealth that are based on 20 the statewide needs of teachers, administrators, and other education personnel. 21 Programs may include classified staff and parents when appropriate. Programs 22 offered or facilitated by the department shall be at locations and times convenient to 23 local school personnel and shall be made accessible through the use of technology 24 when appropriate. They shall include programs that: address the goals for Kentucky 25 schools as stated in KRS 158.6451, including reducing the achievement gaps as 26 determined by an equity analysis of the disaggregated student performance data 27 UNOFFICIAL COPY 26 RS BR 232 Page 28 of 89 XXXX 10/23/2025 11:39 AM Jacketed from the state assessment program developed under KRS 158.6453; engage 1 educators in effective learning processes and foster collegiality and collaboration; 2 and provide support for staff to incorporate newly acquired skills into their work 3 through practicing the skills, gathering information about the results, and reflecting 4 on their efforts. Professional development programs shall be made available to 5 teachers based on their needs which shall include but not be limited to the following 6 areas: 7 (a) Strategies to reduce the achievement gaps among various groups of students 8 and to provide continuous progress; 9 (b) Curriculum content and methods of instruction for each content area, 10 including differentiated instruction; 11 (c) School-based decision making; 12 (d) Assessment literacy; 13 (e) Integration of performance-based student assessment into daily classroom 14 instruction; 15 (f) Nongraded primary programs; 16 (g) Research-based instructional practices; 17 (h) Instructional uses of technology; 18 (i) Curriculum design to serve the needs of students with diverse learning styles 19 and skills and of students of diverse cultures; 20 (j) Instruction in reading, including phonics, phonemic awareness, 21 comprehension, fluency, and vocabulary; 22 (k) Educational leadership; and 23 (l) Strategies to incorporate character education throughout the curriculum. 24 (5) The department shall assist school personnel in assessing the impact of professional 25 development on their instructional practices and student learning. 26 (6) (a) Upon the request of a school district or school council, the department shall 27 UNOFFICIAL COPY 26 RS BR 232 Page 29 of 89 XXXX 10/23/2025 11:39 AM Jacketed assist with the development of long-term school and district improvement 1 plans that include multiple strategies for professional development based on 2 the assessment of needs at the school level. 3 (b) Professional development strategies may include but are not limited to 4 participation in subject matter academies, teacher networks, training institutes, 5 workshops, seminars, and study groups; collegial planning; action research; 6 mentoring programs; appropriate university courses; and other forms of 7 professional development. 8 (c) In planning the use of the four (4) days for professional development under 9 KRS 158.070, school councils and districts shall give priority to programs that 10 increase teachers' understanding of curriculum content and methods of 11 instruction appropriate for each content area based on individual school plans. 12 The district may use up to one (1) day to provide district-wide training and 13 training that is mandated by state or federal law. Only those employees 14 identified in the mandate or affected by the mandate shall be required to 15 attend the training. 16 (d) State funds allocated for professional development shall be used to support 17 professional development initiatives that are consistent with local school 18 improvement and professional development plans and teachers' individual 19 growth plans. The funds may be used throughout the year for all staff, 20 including classified and certified staff and parents on school councils or 21 committees. A portion of the funds allocated to each school council under 22 KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 23 teaching practices related to the content and subject matter that are required 24 for their specific classroom assignments. 25 (7) (a) The department shall develop and maintain a list of approved comprehensive 26 evidence-informed trainings on child abuse and neglect prevention, 27 UNOFFICIAL COPY 26 RS BR 232 Page 30 of 89 XXXX 10/23/2025 11:39 AM Jacketed recognition, and reporting that encompass child physical, sexual, and 1 emotional abuse and neglect. 2 (b) The trainings shall be web-based or in-person and cover, at a minimum, the 3 following topics: 4 1. Recognizing child physical, sexual, and emotional abuse and neglect; 5 2. Reporting suspected child abuse and neglect in Kentucky as required by 6 KRS 620.030 and the appropriate documentation; 7 3. Responding to the child; and 8 4. Understanding the response of child protective services. 9 (c) The trainings shall include a questionnaire or other basic assessment tool upon 10 completion to document basic knowledge of training components. 11 (d) Each local board of education shall adopt one (1) or more trainings from the 12 list approved by the department to be implemented by schools. 13 (8) The department shall establish an electronic consumer bulletin board that posts 14 information regarding professional development providers and programs as a 15 service to school district central office personnel, school councils, teachers, and 16 administrators. Participation on the electronic consumer bulletin board shall be 17 voluntary for professional development providers or vendors, but shall include all 18 programs sponsored by the department. Participants shall provide the following 19 information: program title; name of provider or vendor; qualifications of the 20 presenters or instructors; objectives of the program; program length; services 21 provided, including follow-up support; costs for participation and costs of 22 materials; names of previous users of the program, addresses, and telephone 23 numbers; and arrangements required. Posting information on the bulletin board by 24 the department shall not be viewed as an endorsement of the quality of any specific 25 provider or program. 26 (9) The department shall provide voluntary training to address the characteristics and 27 UNOFFICIAL COPY 26 RS BR 232 Page 31 of 89 XXXX 10/23/2025 11:39 AM Jacketed instructional needs of students at risk of school failure and most likely to drop out 1 of school. The training shall be developed to meet the specific needs of all certified 2 and classified personnel depending on their relationship with these students. The 3 training for instructional personnel shall be designed to provide and enhance skills 4 of personnel to: 5 (a) Identify at-risk students early in elementary schools as well as at-risk and 6 potential dropouts in the middle and high schools; 7 (b) Plan specific instructional strategies to teach at-risk students; 8 (c) Improve the academic achievement of students at risk of school failure by 9 providing individualized and extra instructional support to increase 10 expectations for targeted students; 11 (d) Involve parents as partners in ways to help their children and to improve their 12 children's academic progress; and 13 (e) Significantly reduce the dropout rate of all students. 14 (10) The department shall establish teacher academies to the extent funding is available 15 in cooperation with postsecondary education institutions for elementary, middle 16 school, and high school faculty in core disciplines, utilizing facilities and faculty 17 from universities and colleges, local school districts, and other appropriate agencies 18 throughout the state. Priority for participation shall be given to those teachers who 19 are teaching core discipline courses for which they do not have a major or minor or 20 the equivalent. Participation of teachers shall be voluntary. 21 (11) The department shall annually provide to the oversight council established in KRS 22 15A.063, the information received from local schools pursuant to KRS 158.449. 23 Section 4. KRS 157.063 is amended to read as follows: 24 (1) The General Assembly hereby finds and declares that: 25 (a) During the first five (5) years of life, children experience rapid learning and 26 development that have effects that endure their lifetimes; 27 UNOFFICIAL COPY 26 RS BR 232 Page 32 of 89 XXXX 10/23/2025 11:39 AM Jacketed (b) A key milestone in children's development is their transition into and 1 readiness for kindergarten; 2 (c) High quality early childhood literacy programs can significantly improve a 3 child's readiness for kindergarten and future academic success; 4 (d) Children in Kentucky would benefit from access to varied and effective early 5 literacy services; and 6 (e) Developing new and innovative services for the children of the 7 Commonwealth can expand access to early literacy services and improve 8 kindergarten readiness. 9 (2) As used in this section: 10 (a) "Child-care center" has the same meaning as in KRS 199.894; 11 (b) "Contractor" means the educational technology provider selected pursuant to 12 subsection (4) of this section; 13 (c) "Department" means the Kentucky Department of Education; and 14 (d) "Eligible child" means a child who is four (4) or five (5) years old and is not 15 currently enrolled in kindergarten in a public school district, but is eligible to 16 enroll during the following school year. 17 (3) The Adaptive Kindergarten Readiness Pilot Project is hereby established to provide 18 preschool children with access to educational technology programs that use family 19 engagement to improve kindergarten readiness. The pilot project shall: 20 (a) During the 2024-2025 and 2025-2026 school years, provide a cohort of 21 eligible children during each school year with access to an educational 22 technology program that: 23 1. Utilizes family engagement to deliver age-appropriate instruction in 24 reading that may be implemented in homes or in child-care centers; 25 2. Offers optional instruction in mathematics and science; 26 3. Aligns with relevant state standards for preschool under KRS 157.3175; 27 UNOFFICIAL COPY 26 RS BR 232 Page 33 of 89 XXXX 10/23/2025 11:39 AM Jacketed 4. Assists with the objectives of the Head Start Act, 42 U.S.C. sec. 9801 et 1 seq.; 2 5. Assists children with disabilities in preparing for kindergarten; and 3 6. Meets the benchmarks for evidence-based programs established by the 4 United States Department of Education; 5 (b) Operate under the oversight of the Kentucky Department of Education; 6 (c) Solicit families to encourage their eligible child's participation in the pilot 7 project through public information campaigns, outreach programs, and 8 referrals from other educational entities that are partially focused on 9 communities and areas of the state encountering persistent poverty; 10 (d) Reserve forty percent (40%) of a cohort's membership for eligible students 11 with a household income of no more than two hundred percent (200%) of the 12 federal poverty level. However, if a seat reserved under this paragraph 13 remains vacant for more than two (2) months, the seat in that cohort may be 14 given to any eligible child. The pilot project shall enroll eligible children as 15 students in both the reserved and unreserved membership in the order the 16 completed applications were submitted. The maximum enrollment for each 17 cohort shall be established by the department and provider based on the funds 18 available; 19 (e) Use: 20 1. A multisensory reading tutoring program; and 21 2. A validated adaptive reading test that does not require the presence of 22 trained adults to administer and that has been demonstrated as an 23 accurate indicator of a child's reading readiness; and 24 (f) As needed and at no cost for the student's family, for the duration of the 25 student's participation in the pilot project, provide a student with a household 26 income of no more than four hundred percent (400%) of the federal poverty 27 UNOFFICIAL COPY 26 RS BR 232 Page 34 of 89 XXXX 10/23/2025 11:39 AM Jacketed level with: 1 1. A computer or tablet; and 2 2. Access to internet service. 3 (4) The Kentucky Department of Education shall select a provider to implement the 4 pilot project under the department's oversight. In evaluating provider applicants, the 5 department shall require an applicant to have: 6 (a) At least three (3) years of experience in implementing similar services; 7 (b) Conducted a randomized controlled trial or other external evaluation that 8 support the efficacy of the educational technology program the provider 9 implements; and 10 (c) Capabilities to: 11 1. Partner with preschool, head start, and child-care centers to serve 12 participating students; 13 2. Communicate with parents and other education professionals involved 14 in the pilot project; 15 3. Update the instructional software as needed; 16 4. Validate user access; 17 5. Collect user data; 18 6. Store research data; 19 7. Produce reports for parents, schools, the department, and the Legislative 20 Research Commission; and 21 8. Comply with state and federal education and digital privacy laws. 22 (5) The selected provider shall: 23 (a) Develop a recruitment plan to solicit families to participate in the pilot 24 project; 25 (b) Implement the pilot project in compliance with subsection (3) of this section; 26 (c) Provide administrative and technical support to students, families, and any 27 UNOFFICIAL COPY 26 RS BR 232 Page 35 of 89 XXXX 10/23/2025 11:39 AM Jacketed other involved education professionals for the installation and operation of the 1 instructional software; 2 (d) Seek the advice and expertise of local stakeholders, such as public and private 3 early childhood education professionals, the department, local school board 4 members, kindergarten teachers, and parents, on the implementation of the 5 pilot project in areas such as: 6 1. Soliciting families to participate in the pilot project; 7 2. Providing training to families and education professionals; and 8 3. Motivating families to regularly use the instructional software; and 9 (e) At the conclusion of each school year, report any data required by the 10 department to conduct an evaluation of the pilot project's effectiveness. 11 (6) By December 1, 2025, the department shall submit a report to the Legislative 12 Research Commission for referral to the appropriate Interim Joint Committee on 13 Education, that contains the following: 14 (a) The extent to which the pilot project is accomplishing the objectives identified 15 in this section; 16 (b) The number of families: 17 1. Participating in the project; 18 2. Who have received technology devices or internet service in the project; 19 and 20 3. Who have household incomes of no more than two hundred percent 21 (200%) of the federal poverty level or who reside in areas of persistent 22 poverty; 23 (c) The number of private and public educational entities the provider has 24 partnered with during the pilot project; 25 (d) The frequency of use of the instructional software; 26 (e) Obstacles encountered with software usage, hardware, internet access, or 27 UNOFFICIAL COPY 26 RS BR 232 Page 36 of 89 XXXX 10/23/2025 11:39 AM Jacketed providing technical assistance; and 1 (f) Student performance on any kindergarten entry or exit assessments conducted 2 by school districts[ or public charter schools] that compare students have 3 participated in the project and students who have not. 4 (7) The Kentucky Department of Education shall implement this section to the extent 5 that federal funds are available. 6 Section 5. KRS 158.038 is amended to read as follows: 7 (1) [Beginning August 1, 2020, ]Any student identification badge issued to a student in 8 grades six (6) through twelve (12) by a public school shall contain the contact 9 information for: 10 (a) A national domestic violence hotline; 11 (b) A national sexual assault hotline; and 12 (c) A national suicide prevention hotline. 13 (2) [The requirements of subsection (1) of this section shall apply to public charter 14 schools as a health and safety requirement under KRS 160.1592(1). 15 (3) By July 20, 2020, ]The Cabinet for Health and Family Services shall publish 16 recommendations for at least one (1) national hotline accessible twenty-four (24) 17 hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year 18 that specializes in each of the hotline categories required by subsection (1) of this 19 section. 20 Section 6. KRS 158.039 is amended to read as follows: 21 (1) The Cabinet for Health and Family Services shall post on its website high-quality, 22 evidence-based suicide prevention awareness information, which shall include 23 information on recognizing the warning signs of a suicide crisis. The website shall 24 include information related to suicide prevention training opportunities offered by 25 the cabinet or an agency recognized by the cabinet as a training provider. 26 (2) Every public school[ and public charter school] shall provide two (2) high quality, 27 UNOFFICIAL COPY 26 RS BR 232 Page 37 of 89 XXXX 10/23/2025 11:39 AM Jacketed evidence-based suicide prevention awareness lessons each school year, the first by 1 September 15 and the second by January 15, either in person, by live streaming, or 2 via a video recording to all students in grades six (6) through twelve (12). Every 3 public school shall provide an opportunity for any student absent on the day the 4 high quality, evidence-based suicide prevention awareness lesson was initially 5 presented to receive the lesson at a later time. The information may be obtained 6 from the Cabinet for Health and Family Services or from a commercially developed 7 suicide prevention training program. 8 Section 7. KRS 158.041 is amended to read as follows: 9 Every public school shall prominently display the statewide child abuse hotline number 10 administered by the Cabinet for Health and Family Services, the National Human 11 Trafficking Hotline number administered by the United States Department of Health and 12 Human Services, and the Safe Haven Baby Boxes Crisis Line number administered by 13 the Safe Haven Baby Boxes national organization or any equivalent successor entity.[ 14 The requirements of this section shall also apply to public charter schools as a health and 15 safety requirement under KRS 160.1592(1).] 16 Section 8. KRS 158.157 is amended to read as follows: 17 [(1) ]The superintendent of each local school district shall require the principal of each 18 school within the district to provide written notice of the provisions of KRS 531.125 to 19 students in grades four (4) and above in an age-appropriate manner and to parents or 20 guardians of all students within ten (10) days of the first instructional day of each school 21 year. 22 [(2) The requirements of subsection (1) of this section shall apply to public charter 23 schools as a health and safety requirement under KRS 160.1592(1).] 24 Section 9. KRS 158.158 is amended to read as follows: 25 (1) [By August 1, 2025, ]Local boards shall require each public school with 26 instructional spaces for students in grades six (6) through twelve (12) to display, in 27 UNOFFICIAL COPY 26 RS BR 232 Page 38 of 89 XXXX 10/23/2025 11:39 AM Jacketed a prominent location in each school building, a legible printed sign in English and 1 Spanish at least eight and one-half (8.5) inches by eleven (11) inches in size that 2 shall contain: 3 (a) An age-appropriate description of sexual extortion consistent with the 4 definition in KRS 531.125. 5 (b) Contact information for state or local law enforcement for reporting or 6 seeking assistance relating to sexual extortion; 7 (c) Contact information for federal law enforcement for reporting or seeking 8 assistance relating to sexual extortion; 9 (d) Contact information for a national suicide prevention hotline; and 10 (e) The Uniform Resource Locator (URL), a Quick Response (QR) code, or 11 similar resource to identify the website address for informational and support 12 resources regarding sexual extortion provided by the National Center for 13 Missing and Exploited Children or any federally funded successor entity. 14 (2) [The requirements of subsection (1) of this section shall apply to public charter 15 schools as a health and safety requirement under KRS 160.1592(1). 16 (3) By July 15, 2025, ]The department shall publish recommendations for information 17 to be included consistent with subsection (1) of this section. 18 Section 10. KRS 158.189 is amended to read as follows: 19 (1) As used in this section: 20 (a) "Biological sex" means the physical condition of being male or female, which 21 is determined by a person's chromosomes, and is identified at birth by a 22 person's anatomy; and 23 (b) "School" means a school under the control of a local board of education[ or a 24 charter school board of directors]. 25 (2) The General Assembly finds that: 26 (a) School personnel have a duty to protect the dignity, health, welfare, and 27 UNOFFICIAL COPY 26 RS BR 232 Page 39 of 89 XXXX 10/23/2025 11:39 AM Jacketed privacy rights of students in their care; 1 (b) Children and young adults have natural and normal concerns about privacy 2 while in various states of undress, and most wish for members of the opposite 3 biological sex not to be present in those circumstances; 4 (c) Allowing students to use restrooms, locker rooms, or shower rooms that are 5 reserved for students of a different biological sex: 6 1. Will create a significant potential for disruption of school activities and 7 unsafe conditions; and 8 2. Will create potential embarrassment, shame, and psychological injury to 9 students; 10 (d) Parents have a reasonable expectation that schools will not allow minor 11 children to be viewed in various states of undress by members of the opposite 12 biological sex, nor allow minor children to view members of the opposite sex 13 in various states of undress; and 14 (e) Schools have a duty to respect and protect the privacy rights of students, 15 including the right not to be compelled to undress or be unclothed in the 16 presence of members of the opposite biological sex. 17 (3) Each local board of education[ or charter school board of directors] shall, after 18 allowing public comment on the issue at an open meeting, adopt policies necessary 19 to protect the privacy rights outlined in subsection (2) of this section and enforce 20 this subsection. Those policies shall, at a minimum, not allow students to use 21 restrooms, locker rooms, or shower rooms that are reserved for students of a 22 different biological sex. 23 (4) (a) A student who asserts to school officials that his or her gender is different 24 from his or her biological sex and whose parent or legal guardian provides 25 written consent to school officials shall be provided with the best available 26 accommodation, but that accommodation shall not include the use of school 27 UNOFFICIAL COPY 26 RS BR 232 Page 40 of 89 XXXX 10/23/2025 11:39 AM Jacketed restrooms, locker rooms, or shower rooms designated for use by students of 1 the opposite biological sex while students of the opposite biological sex are 2 present or could be present. 3 (b) Acceptable accommodations may include but are not limited to access to 4 single-stall restrooms or controlled use of faculty bathrooms, locker rooms, or 5 shower rooms. 6 Section 11. KRS 158.196 is amended to read as follows: 7 (1) A public school[ or public charter school] shall provide instruction and instructional 8 materials that are aligned with the social studies academic standards adopted in 9 accordance with KRS 158.6453 and consistent with the following concepts: 10 (a) All individuals are created equal; 11 (b) Americans are entitled to equal protection under the law; 12 (c) An individual deserves to be treated on the basis of the individual's character; 13 (d) An individual, by virtue of the individual's race or sex, does not bear 14 responsibility for actions committed by other members of the same race or 15 sex; 16 (e) The understanding that the institution of slavery and post-Civil War laws 17 enforcing racial segregation and discrimination were contrary to the 18 fundamental American promise of life, liberty, and the pursuit of happiness, 19 as expressed in the Declaration of Independence, but that defining racial 20 disparities solely on the legacy of this institution is destructive to the 21 unification of our nation; 22 (f) The future of America's success is dependent upon cooperation among all its 23 citizens; 24 (g) Personal agency and the understanding that, regardless of one's circumstances, 25 an American has the ability to succeed when he or she is given sufficient 26 opportunity and is committed to seizing that opportunity through hard work, 27 UNOFFICIAL COPY 26 RS BR 232 Page 41 of 89 XXXX 10/23/2025 11:39 AM Jacketed pursuit of education, and good citizenship; and 1 (h) The significant value of the American principles of equality, freedom, 2 inalienable rights, respect for individual rights, liberty, and the consent of the 3 governed. 4 (2) Nothing in subsection (1) of this section shall be construed to restrict a public 5 school[ or public charter school] from providing instruction or using instructional 6 materials that include: 7 (a) The history of an ethnic group, as described in textbooks and instructional 8 materials adopted by a school district; 9 (b) The discussion of controversial aspects of history; or 10 (c) The instruction and instructional materials on the historical oppression of a 11 particular group of people. 12 (3) (a) Notwithstanding the every six (6) year schedule set forth in KRS 13 158.6453(2)(a),[ no later than July 1, 2023,] the Kentucky Department of 14 Education shall incorporate fundamental American documents and speeches 15 into the grade-level appropriate middle and high school social studies 16 academic standards and align corresponding assessments, including but not 17 limited to: 18 1. The Mayflower Compact; 19 2. The Declaration of Independence; 20 3. The Constitution of the United States; 21 4. The Federalist No. 1 (Alexander Hamilton); 22 5. The Federalist Nos. 10 and 51 (James Madison); 23 6. The June 8, 1789, speech on amendments to the Constitution of the 24 United States by James Madison; 25 7. The first ten (10) amendments to the Constitution of the United States, 26 also known as the Bill of Rights; 27 UNOFFICIAL COPY 26 RS BR 232 Page 42 of 89 XXXX 10/23/2025 11:39 AM Jacketed 8. The 1796 Farewell Address by George Washington; 1 9. The United States Supreme Court opinion in Marbury v. Madison, 5 2 U.S. 137 (1803); 3 10. The Monroe Doctrine by James Monroe; 4 11. What to the Slave is the Fourth of July? speech by Frederick Douglass; 5 12. The United States Supreme Court opinion in Dred Scott v. Sandford, 60 6 U.S. 393 (1857); 7 13. Final Emancipation Proclamation by Abraham Lincoln; 8 14. The Gettysburg Address by Abraham Lincoln; 9 15. Declaration of Rights of the Women of the United States by Susan B. 10 Anthony, Matilda Joslyn Gage, and Elizabeth Cady Stanton; 11 16. The September 18, 1895, Atlanta Exposition Address by Booker T. 12 Washington; 13 17. Of Booker T. Washington and Others by W.E.B. Du Bois; 14 18. The United States Supreme Court opinion in Plessy v. Ferguson, 163 15 U.S. 537 (1896); 16 19. The August 31, 1910, New Nationalism speech by Theodore Roosevelt; 17 20. The January 11, 1944, State of the Union Address by Franklin D. 18 Roosevelt; 19 21. The United States Supreme Court opinions in Brown v. Board of 20 Education of Topeka, 347 U.S. 483 (1954) and Brown v. Board of 21 Education of Topeka, 349 U.S. 294 (1955); 22 22. Letter from Birmingham Jail by Martin Luther King, Jr.; 23 23. The August 28, 1963, I Have a Dream speech by Martin Luther King, 24 Jr.; and 25 24. A Time for Choosing by Ronald Reagan. 26 (b) This revision shall not delay or otherwise impact the existing schedule as set 27 UNOFFICIAL COPY 26 RS BR 232 Page 43 of 89 XXXX 10/23/2025 11:39 AM Jacketed forth in KRS 158.6453(2). 1 Section 12. KRS 158.305 is amended to read as follows: 2 (1) As used in this section: 3 (a) "Aphasia" means a condition characterized by either partial or total loss of the 4 ability to communicate verbally or through written words. A person with 5 aphasia may have difficulty speaking, reading, writing, recognizing the names 6 of objects, or understanding what other people have said. The condition may 7 be temporary or permanent and does not include speech problems caused by 8 loss of muscle control; 9 (b) "Dyscalculia" means the inability to understand the meaning of numbers, the 10 basic operations of addition and subtraction, the complex operations of 11 multiplication and division, or to apply math principles to solve practical or 12 abstract problems; 13 (c) "Dysgraphia" means difficulty in automatically remembering and mastering 14 the sequence of muscle motor movements needed to accurately write letters or 15 numbers; 16 (d) "Dyslexia" has the same meaning as in KRS 158.307; 17 (e) "Enrichment program" means accelerated intervention within the school day 18 or outside of the school day or school calendar led by individuals most 19 qualified to provide the intervention that includes evidence-based reading 20 instructional programming related to reading instruction in the areas of 21 phonemic awareness, phonics, fluency, vocabulary, and comprehension, and 22 other instructional strategies aligned to reading and writing standards required 23 by KRS 158.6453 and outlined in administrative regulation promulgated by 24 the Kentucky Board of Education; 25 (f) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); 26 (g) "Phonemic awareness" has the same meaning as in KRS 158.307; 27 UNOFFICIAL COPY 26 RS BR 232 Page 44 of 89 XXXX 10/23/2025 11:39 AM Jacketed (h) "Reading diagnostic assessment" has the same meaning as in KRS 158.792; 1 (i) "Reading improvement plan" means an accelerated intervention plan for a 2 student in kindergarten through grade four (4) that is developed to increase a 3 student's rate of progress toward proficient performance in reading that is 4 identified as necessary based on the student's results on an approved reading 5 diagnostic assessment. This plan should be developed in collaboration and 6 accordance with any existing program services plan, individualized education 7 program, or Section 504 Plan unless the program services plan, individualized 8 education program, or Section 504 Plan already addresses improving reading; 9 (j) "Reading improvement team" means a team that develops and oversees the 10 progress of a reading improvement plan and includes: 11 1. The parent or guardian of the student that is the subject of the reading 12 improvement plan; 13 2. No less than one (1) regular education teacher of the student to provide 14 information about the general curriculum for same-aged peers; 15 3. A representative of the local education agency who is knowledgeable 16 about the reading curriculum and the availability of the evidence-based 17 literacy resources of the local education agency; and 18 4. Any specialized certified school employees for students receiving 19 language instruction educational programming or special education 20 services; and 21 (k) "Universal screener" means a process of providing a brief assessment to all 22 students within a grade level to assess the students' performance on the 23 essential components of reading. 24 (2) Notwithstanding any other statute or administrative regulation to the contrary, the 25 Kentucky Board of Education shall promulgate administrative regulations to further 26 define a multitiered system of supports for district-wide use of a system for students 27 UNOFFICIAL COPY 26 RS BR 232 Page 45 of 89 XXXX 10/23/2025 11:39 AM Jacketed in kindergarten through grade three (3), that includes a tiered continuum of 1 interventions with varying levels of intensity and duration and which connects 2 general, compensatory, and special education programs to provide interventions 3 implemented with fidelity to evidence-based research and matched to individual 4 student strengths and needs. At a minimum, evidence of implementation shall be 5 submitted by the district to the department by October 1 of each year and shall 6 include but not be limited to the activities required under KRS 158.649. 7 (3) The department shall provide technical assistance and training, if requested by a 8 local district, to assist in the implementation of the district-wide, multitiered system 9 of supports as a means to identify and assist any student experiencing difficulty in 10 reading, writing, mathematics, or behavior and to determine appropriate 11 instructional modifications needed by advanced learners to make continuous 12 progress. 13 (4) The technical assistance and training shall be designed to improve: 14 (a) The use of specific screening processes and programs to identify student 15 strengths and needs; 16 (b) The use of screening data for designing instructional interventions; 17 (c) The use of multisensory instructional strategies and other interventions 18 validated for effectiveness by evidence-based research; 19 (d) Progress monitoring of student performance; and 20 (e) Accelerated, intensive, direct instruction that addresses students' individual 21 differences, including advanced learners, and enables students that are 22 experiencing difficulty to catch up with typically performing peers. 23 (5) (a) Each superintendent[ or public charter school board of directors] shall select: 24 1. At least one (1) universal screener for reading that is determined by the 25 department to be reliable and valid to be administered to all students in 26 kindergarten through grade three (3); and 27 UNOFFICIAL COPY 26 RS BR 232 Page 46 of 89 XXXX 10/23/2025 11:39 AM Jacketed 2. At least one (1) reading diagnostic assessment for reading that is 1 determined by the department to be reliable and valid to be administered 2 as part of a multitiered system of supports for students in kindergarten 3 through grade three (3). 4 (b) Notwithstanding KRS 158.6453(19) and 160.345, each superintendent[ or 5 public charter school board] shall adopt a common comprehensive reading 6 program that is determined by the department to be reliable, valid, and aligned 7 to reading and writing standards required by KRS 158.6453 and outlined in 8 administrative regulation promulgated by the Kentucky Board of Education 9 for kindergarten through grade three (3) for all schools or a subset of schools, 10 with consultation of all affected elementary school councils. 11 (c) All teachers of students in kindergarten through grade three (3)[, including 12 public charter school teachers,] shall be trained on any reading diagnostic 13 assessment and universal screener selected by the superintendent[ or public 14 charter school board] prior to administration of the assessment. The training 15 shall address: 16 1. How to properly administer the reading diagnostic assessment; 17 2. How to interpret the results of the reading diagnostic assessment to 18 identify students needing interventions; 19 3. How to use the assessment results to design instruction and 20 interventions; 21 4. The use of the assessment to monitor the progress of student 22 performance; and 23 5. The use of accelerated, intensive, and direct instruction that addresses 24 students' individual differences and enables students to achieve 25 proficiency in reading, including but not limited to daily, one-on-one 26 instruction. 27 UNOFFICIAL COPY 26 RS BR 232 Page 47 of 89 XXXX 10/23/2025 11:39 AM Jacketed (6) A universal screener determined by the department to be reliable and valid shall be: 1 (a) Given in the first forty-five (45) days of the school year for all kindergarten 2 students at a public school[ or public charter school]; 3 (b) Given in the first thirty (30) days of the school year for grades one (1) through 4 three (3) at a public school[ or public charter school]; and 5 (c) Given within the final fourteen (14) instructional days of the school year to all 6 students in kindergarten and first grade at a public school[ or public charter 7 school]. 8 (7) A reading improvement plan shall be developed and implemented by a reading 9 improvement team for any student in kindergarten through grade three (3) identified 10 as needing accelerated interventions to progress toward proficient performance in 11 reading. The reading improvement plan shall require: 12 (a) Intensive intervention that includes effective instructional strategies and 13 appropriate instructional materials necessary to help the student make 14 accelerated progress toward proficient performance in reading and become 15 ready for the next grade, including but not limited to daily, one-on-one 16 instruction with students the most in need provided by certified teachers 17 specifically trained to provide one-on-one instruction; 18 (b) A school to provide a written quarterly progress report containing the 19 information required by paragraph (a) of this subsection to a parent or 20 guardian of any student subject to a reading improvement plan. The written 21 quarterly progress report for the reading improvement plan may be included 22 in the school's existing quarterly progress report; and 23 (c) Individual placement decisions for children who are eligible for special 24 education and related services to be determined by the appropriate admissions 25 and release committee in accordance with administrative regulations 26 promulgated by the Kentucky Board of Education. 27 UNOFFICIAL COPY 26 RS BR 232 Page 48 of 89 XXXX 10/23/2025 11:39 AM Jacketed (8) If a student's rate of progress toward proficient performance in reading needs 1 accelerated interventions as demonstrated by the results of an approved reading 2 diagnostic assessment, the local school district shall provide: 3 (a) Enrichment programs through grade three (3) using evidence-based reading 4 instruction and other strategies; 5 (b) Intensive instructional services, progress monitoring measures, and supports 6 to students through grade three (3); and 7 (c) Parents and legal guardians of students identified for accelerated interventions 8 in reading in kindergarten through grade three (3) with a "Read at Home" 9 plan, including information on how to participate in regular parent-guided 10 home reading. 11 (9) (a) Beginning in the 2025-2026 school year: 12 1. A kindergarten student who had a reading improvement plan for the 13 school year may remain in kindergarten for an additional school year if a 14 school determines that the student: 15 a. Did not meet grade level benchmarks in reading while in 16 kindergarten as determined by the universal screener given in 17 accordance with subsection (6) of this section; 18 b. Did not master the Kentucky reading academic standards for 19 kindergarten students based on assessments given in accordance 20 with KRS 158.6453(8); or 21 c. Is not properly prepared to be successful in the first grade; and 22 2. A first-grade student who had a reading improvement plan for the 23 school year shall remain in first grade for an additional school year if a 24 school determines that the student: 25 a. Did not meet grade level benchmarks in reading while in first 26 grade as determined by the universal screener given in accordance 27 UNOFFICIAL COPY 26 RS BR 232 Page 49 of 89 XXXX 10/23/2025 11:39 AM Jacketed with subsection (6) of this section; 1 b. Did not master the Kentucky reading academic standards for first 2 grade students based on assessments given in accordance with 3 KRS 158.6453(8); or 4 c. Is not properly prepared to be successful in the second grade. 5 (b) Notwithstanding paragraph (a) of this subsection, placement decisions for 6 students eligible for special education and related services shall be determined 7 by the admissions and release committee in accordance with administrative 8 regulations promulgated by the Kentucky Board of Education. 9 (c) Notwithstanding paragraph (a) of this subsection, a student who remained in 10 kindergarten under this subsection shall not subsequently be required to 11 remain in first grade, and a student shall not be required to remain in first 12 grade for more than one (1) additional year. 13 (d) The school shall reevaluate and make necessary changes to the reading 14 improvement plan of any student remaining in kindergarten or first grade and 15 shall continue to provide all programs and services required under subsection 16 (8) of this section during the additional year of kindergarten or first grade. 17 (e) A student provided an additional year of kindergarten or first grade under this 18 subsection may advance through the primary school program when it is 19 determined by the school to be in the best educational interest of the student 20 pursuant to KRS 158.031. 21 (10) If a student does not score in the proficient performance level or higher in reading, 22 as defined in KRS 158.791(2), on the state annually required grade three (3) 23 assessment, the local school district shall provide: 24 (a) 1. Enrichment programs in grade four (4) using evidence-based reading 25 instruction and other strategies; or 26 2. Intensive instructional services, progress monitoring measures, and 27 UNOFFICIAL COPY 26 RS BR 232 Page 50 of 89 XXXX 10/23/2025 11:39 AM Jacketed supports to students in grade four (4); and 1 (b) Written notification of the interventions and supports described in paragraph 2 (a) of this subsection to the parent or legal guardian of the student, including a 3 description of proposed interventions and supports to be provided. 4 (11) [By September 1, 2023, ]If funds are appropriated, the department shall establish 5 required teacher academies or coaching models for teachers of students in 6 prekindergarten through grade three (3). The teacher academies or coaching models 7 shall be related to evidence-based practices in instruction, instructional materials, 8 and assessment in reading. 9 (12) The department shall develop and maintain a web-based resource providing 10 teachers access to: 11 (a) Information on the use of specific screening processes and programs to 12 identify student strengths and needs, including those for advanced learners; 13 (b) Current, evidence-based research and age-appropriate instructional tools that 14 may be used for substantial, steady improvement in: 15 1. Reading when a student is experiencing difficulty with phonemic 16 awareness, phonics, vocabulary, fluency, general reading 17 comprehension, or reading in specific content areas, or is exhibiting 18 characteristics of dyslexia, aphasia, or other reading difficulties; 19 2. Writing when a student is experiencing difficulty with consistently 20 producing letters or numbers with accuracy or is exhibiting 21 characteristics of dysgraphia; 22 3. Mathematics when a student is experiencing difficulty with basic math 23 facts, calculations, or application through problem solving, or is 24 exhibiting characteristics of dyscalculia or other mathematical 25 difficulties; or 26 4. Behavior when a student is exhibiting behaviors that interfere with his 27 UNOFFICIAL COPY 26 RS BR 232 Page 51 of 89 XXXX 10/23/2025 11:39 AM Jacketed or her learning or the learning of other students; and 1 (c) Current, evidence-based research and age-appropriate instructional tools that 2 may be used for continuous progress of advanced learners. 3 (13) The department shall encourage districts to utilize both state and federal funds as 4 appropriate to implement a district-wide multitiered system of supports. 5 (14) The department is encouraged to coordinate technical assistance and training on 6 current best practice interventions with state postsecondary education institutions. 7 (15) The department shall collaborate with the statewide reading research center 8 established under KRS 164.0207, the Kentucky Center for Mathematics, the 9 Kentucky Center for Instructional Discipline, the Education Professional Standards 10 Board, the Council on Postsecondary Education, postsecondary teacher education 11 programs, and other agencies and organizations as deemed appropriate to ensure 12 that teachers are prepared to utilize evidence-based interventions in reading, 13 writing, mathematics, and behavior. 14 (16) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 15 determine appropriate instructional strategies for curriculum implementation shall 16 not be considered to be an evaluation for eligibility for special education and related 17 services and nothing in this section shall limit a school district from completing an 18 initial evaluation of a student suspected of having a disability. 19 Section 13. KRS 158.4416 is amended to read as follows: 20 (1) For purposes of this section: 21 (a) "Direct services" means in-person or virtual services provided directly to a 22 student by a school counselor, including but not limited to individual 23 counseling, group counseling, and individual student planning, scheduling, 24 and registration; 25 (b) "Indirect services" means services provided on behalf of a student as a result 26 of interactions with others, including but not limited to consultation and 27 UNOFFICIAL COPY 26 RS BR 232 Page 52 of 89 XXXX 10/23/2025 11:39 AM Jacketed collaboration with parents, teachers, and other educators; 1 (c) "School counselor" means an individual who holds a valid school counselor 2 certificate issued in accordance with the administrative regulations of the 3 3 (d) "School psychologist" means an individual who holds a valid school 4 psychology certificate issued in accordance with the administrative 5 regulations of the Education Professional Standards Board; 6 (e) "School social worker" means an individual who holds a valid school social 7 work certificate issued in accordance with the administrative regulations of 8 the Education Professional Standards Board; 9 (f) "School-based mental health services provider" means a certified school 10 counselor, school psychologist, school social worker, or other qualified 11 mental health professional as defined in KRS 202A.011; 12 (g) "Trauma" means physical, emotional, or life-threatening harm; and 13 (h) "Trauma-informed approach" means incorporating principles of trauma 14 awareness and trauma-informed practices in a school in order to foster a safe, 15 stable, and understanding learning environment for all students and staff and 16 ensuring that all students are known well by at least one (1) adult in the school 17 setting. 18 (2) The General Assembly recognizes that all schools must provide a place for students 19 to feel safe and supported to learn throughout the school day, and that any trauma a 20 student may have experienced can have a significant impact on the ability of a 21 student to learn. The General Assembly directs all public schools to adopt a trauma- 22 informed approach to education in order to better recognize, understand, and 23 address the learning needs of students impacted by trauma and to foster a learning 24 environment where all students, including those who have been traumatized, can be 25 safe, successful, and known well by at least one (1) adult in the school setting.[ The 26 requirements of this subsection shall apply to public charter schools as a health and 27 UNOFFICIAL COPY 26 RS BR 232 Page 53 of 89 XXXX 10/23/2025 11:39 AM Jacketed safety requirement under KRS 160.1592(1).] 1 (3) (a) As funds and qualified personnel become available: 2 1. Each school district[ and each public charter school] shall employ at 3 least one (1) school counselor in each school with the goal of the school 4 counselor spending at least sixty percent (60%) or more of his or her 5 time providing direct services to students and no more than forty percent 6 (40%) of his or her time providing indirect services to students; and 7 2. It shall be the goal that each school district[ and each public charter 8 school] shall provide at least one (1) school counselor or school-based 9 mental health services provider who is employed by the school district 10 for every two hundred fifty (250) students, including but not limited to 11 the school counselor required in subparagraph 1. of this paragraph. 12 (b) A school counselor or school-based mental health services provider at each 13 school shall be the facilitator of a trauma-informed team to identify and assist 14 students whose learning, behavior, and relationships have been impacted by 15 trauma. The trauma-informed team may consist of school administrators, 16 school counselors, school psychologists, school social workers, school-based 17 mental health services providers, community-based mental health services 18 providers hired by the district, family resource and youth services 19 coordinators, school nurses, school resource officers, and any other school or 20 district personnel. 21 (c) The trauma-informed team shall: 22 1. Provide assistance to school personnel to enable them to support 23 students whose learning, behavior, and relationships have been impacted 24 by trauma; 25 2. Identify ways to recognize and respond to mental health issues in all 26 students; and 27 UNOFFICIAL COPY 26 RS BR 232 Page 54 of 89 XXXX 10/23/2025 11:39 AM Jacketed 3. Identify ways to build resiliency and wellness in all students. 1 (d) Each school counselor or school-based mental health services provider 2 providing services pursuant to this section, and the trauma-informed team 3 members described in paragraph (b) of this subsection, shall provide training, 4 guidance, and assistance to other administrators, teachers, and staff on: 5 1. Recognizing symptoms of trauma in students; 6 2. Utilizing interventions and strategies to support the learning needs of 7 those students; and 8 3. Implementing the plan for a trauma-informed approach as described in 9 subsection (5) of this section. 10 (e) 1. School districts may employ or contract for the services of school-based 11 mental health services providers to assist with the development and 12 implementation of a trauma-informed approach and the development of 13 a trauma-informed team pursuant to this subsection and to enhance or 14 expand student mental health support services as funds and qualified 15 personnel become available. 16 2. School-based mental health services providers may provide services 17 through a collaboration between two (2) or more school districts or 18 between school districts and educational cooperatives or any other 19 public or private entities, including but not limited to local or regional 20 mental health day treatment programs. 21 (f) No later than November 1 of each year, the local school district 22 superintendent shall report to the department the number of school-based 23 mental health service providers, the position held, placement in the district, 24 certification or licensure held, the source of funding for each position, a 25 summary of the job duties and work undertaken by each school-based mental 26 health service provider, and the approximate percent of time devoted to each 27 UNOFFICIAL COPY 26 RS BR 232 Page 55 of 89 XXXX 10/23/2025 11:39 AM Jacketed duty over the course of the year. 1 (g) The department shall annually compile and maintain a list of school-based 2 mental health service providers by district which shall include the information 3 required in paragraph (f) of this subsection. 4 (h) No later than June 1 of each year, the department shall provide the 5 appropriate Interim Joint Committee on Education with the information 6 reported by local school district superintendents and compiled in accordance 7 with paragraph (g) of this subsection. 8 (4) The department shall make available a toolkit that includes guidance, strategies, 9 behavioral interventions, practices, and techniques to assist school districts[ and 10 public charter schools] in developing a trauma-informed approach in schools. 11 (5) Each local board of education[ and board of a public charter school] shall develop a 12 plan for implementing a trauma-informed approach in its schools. The plan shall 13 include but not be limited to strategies for: 14 (a) Enhancing trauma awareness throughout the school community; 15 (b) Conducting an assessment of the school climate, including but not limited to 16 inclusiveness and respect for diversity; 17 (c) Developing trauma-informed discipline policies; 18 (d) Collaborating with the Department of Kentucky State Police, the local sheriff, 19 and the local chief of police to create procedures for notification of trauma- 20 exposed students; and 21 (e) Providing services and programs designed to reduce the negative impact of 22 trauma, support critical learning, and foster a positive and safe school 23 environment for every student. 24 (6) The trauma-informed approach plan developed in accordance with subsection (5) of 25 this section shall be reviewed and updated annually and submitted to the 26 department. The department shall annually provide a summary of the trauma- 27 UNOFFICIAL COPY 26 RS BR 232 Page 56 of 89 XXXX 10/23/2025 11:39 AM Jacketed informed approach strategies being used in districts to the board and the Legislative 1 Research Commission for referral to the appropriate Interim Joint Committee on 2 Education. 3 Section 14. KRS 158.4433 is amended to read as follows: 4 (1) As used in this section, "school mapping data" means mapping information 5 provided in an electronic or a digital format to assist first responders in responding 6 to emergencies at schools. 7 (2) (a) The General Assembly does hereby establish the School Mapping Data 8 Program to be administered by the Center for School Safety. The Center for 9 School Safety shall utilize available funds to develop school mapping data for 10 each public school[, public charter school,] and any private school that 11 requests to participate in the program. The program shall be administered by 12 the Center for School Safety pursuant to this section, which may include 13 contracting for services pursuant to the relevant provisions of the Kentucky 14 Model Procurement Code in KRS Chapter 45A. The Center for School Safety 15 shall be responsible for ensuring that all funds received for and expended 16 related to the School Mapping Data Program are utilized for the purposes of 17 school mapping. 18 (b) The Center for School Safety shall provide the data developed by the program 19 to the state school security marshal, participating schools, participating 20 districts, and local law enforcement and public safety agencies for use in 21 response to emergencies and for conducting drills required under KRS 22 158.162(5). The school mapping data shall be excluded from the application 23 of KRS 61.870 to 61.884. 24 (c) The Center for School Safety shall apply for any federal grant funds that may 25 be used to accomplish the purposes of the program. The Center for School 26 Safety may also solicit private funds to support the program. 27 UNOFFICIAL COPY 26 RS BR 232 Page 57 of 89 XXXX 10/23/2025 11:39 AM Jacketed (3) The School Mapping Data Program shall establish a single verified source of 1 mapping data for each participating school campus in the state that is standardized, 2 accurate, and accessible to public safety agencies to ensure efficient response to any 3 emergency on a school campus. The school mapping data provided shall: 4 (a) Be compatible with software platforms used by local, county, state, and 5 federal public safety agencies that provide emergency services to the specific 6 school for which the data is provided without requiring such agencies to 7 purchase additional software or requiring a fee to view or access the data; 8 (b) Be compatible with security software platforms in use by the participating 9 school or district for which the data is provided without requiring the school 10 or district to purchase additional software or requiring a fee to view or access 11 the data; 12 (c) Be in a printable format and, if requested by a law enforcement or public 13 safety agency or participating school or district in addition to those described 14 in paragraph (a) of this subsection, be in a digital file format that can be 15 integrated into interactive mobile platforms in use; 16 (d) Be verified by the Center for School Safety for accuracy by a walk-through of 17 school buildings and grounds; 18 (e) Be oriented to true north; 19 (f) Include accurate floor plans overlaid on current, verified aerial imagery of 20 campus; 21 (g) Contain site-specific labeling that matches the structure of school buildings 22 that includes: 23 1. Room labels; 24 2. Hallway names or identifiers; 25 3. External door or stairwell numbers; 26 4. Locations of hazards; 27 UNOFFICIAL COPY 26 RS BR 232 Page 58 of 89 XXXX 10/23/2025 11:39 AM Jacketed 5. Critical utility locations; 1 6. Key boxes; 2 7. Automated external defibrillators; and 3 8. Trauma kits; 4 (h) Contain site-specific labeling that matches the school grounds that includes: 5 1. Parking areas; 6 2. Athletic fields; 7 3. Surrounding roads; and 8 4. Neighboring properties; 9 (i) Be overlaid with a gridded coordinate system; 10 (j) Not be modified or updated independently without corresponding updates to 11 school mapping data within software platforms used by local, county, state, 12 and federal public safety agencies that provide emergency services to the 13 specific school; and 14 (k) Provide to public safety agencies and participating schools or districts the 15 school mapping data developed pursuant to the program perpetually and at no 16 cost to the public safety agencies or participating schools or districts. 17 (4) A participating school district or campus shall not be required to adopt new school 18 mapping data if, as of July 1, 2024, the school district or campus previously 19 implemented school mapping data with capabilities that meet the requirements of 20 subsection (3)(a) to (k) of this section. 21 Section 15. KRS 158.8402 is amended to read as follows: 22 (1) Notwithstanding any other statute or administrative regulation to the contrary, the 23 Kentucky Board of Education shall promulgate administrative regulations in 24 accordance with KRS Chapter 13A to define and establish a multitiered system of 25 supports that shall include evidence-based mathematics instruction, intervention, 26 and instructional strategies for district-wide use for students in kindergarten through 27 UNOFFICIAL COPY 26 RS BR 232 Page 59 of 89 XXXX 10/23/2025 11:39 AM Jacketed grade three (3). 1 (2) By November 1, 2027, and each year thereafter, the department shall submit the 2 implementation status of the multitiered system of supports required pursuant to 3 subsection (1) of this section for all school districts to the Legislative Research 4 Commission for referral to the appropriate Interim Joint Committee on Education. 5 (3) The department shall provide technical assistance and training to local districts to 6 assist in the implementation of the district-wide, multitiered system of supports as a 7 means to identify and assist any student experiencing difficulty in mathematics. 8 (4) The technical assistance and training shall be designed to improve: 9 (a) The use of specific screening processes and diagnostic assessments to identify 10 student strengths and needs; 11 (b) The use of universal screening and diagnostic data for implementing 12 instruction and intervention, as needed; 13 (c) The use of valid and reliable evidence-based instructional strategies and 14 interventions for mathematics education; 15 (d) Progress monitoring of student performance; and 16 (e) Accelerated, intensive, direct instruction that addresses students' individual 17 differences, including advanced learners, and enables students that are 18 experiencing difficulty to catch up with typically performing peers. 19 (5) (a) [By January 1, 2026, ]Each superintendent[ or public charter school board of 20 directors] shall select: 21 1. At least one (1) universal screener for mathematics that is determined by 22 the department to be valid and reliable to be administered to all students 23 in kindergarten through grade three (3); and 24 2. At least one (1) diagnostic assessment for mathematics that is 25 determined by the department to be reliable and valid to be administered 26 as part of a multitiered system of supports for students in kindergarten 27 UNOFFICIAL COPY 26 RS BR 232 Page 60 of 89 XXXX 10/23/2025 11:39 AM Jacketed through grade three (3). 1 (b) Each superintendent[ or public charter school board of directors] shall adopt 2 an evidence-based curriculum along with high-quality instructional resources 3 for mathematics that is determined by the department to be reliable, valid, and 4 aligned to Kentucky academic standards for mathematics required by KRS 5 158.6453 for kindergarten through grade three (3). 6 (c) All teachers of students in kindergarten through grade three (3)[, including 7 public charter school teachers,] shall be trained on any mathematics universal 8 screener and diagnostic assessment selected by the superintendent[ or public 9 charter school board] prior to administration of the assessment. The training 10 shall address: 11 1. How to properly administer the mathematics universal screener and 12 diagnostic assessment; 13 2. How to interpret the results of the mathematics universal screener and 14 diagnostic assessment to identify students needing interventions; 15 3. How to use the assessment results to design instruction and 16 interventions; 17 4. The use of the assessment to monitor the progress of student 18 performance; and 19 5. The use of accelerated, intensive, and direct instruction that addresses 20 students' individual differences and enables students to achieve 21 proficiency in mathematics, including but not limited to daily, one-on- 22 one instruction. 23 (6) Beginning with the 2026-2027 school year, a universal screener determined by the 24 department to be valid and reliable shall be given in the first thirty (30) calendar 25 days of the school year to each student in kindergarten through grade three (3) at a 26 public school[ or public charter school]. 27 UNOFFICIAL COPY 26 RS BR 232 Page 61 of 89 XXXX 10/23/2025 11:39 AM Jacketed (7) Those students determined to be at risk for not meeting grade-level benchmarks in 1 mathematics for kindergarten through grade three (3) based on the universal 2 screener shall be given a mathematics diagnostic assessment determined by the 3 department to be valid and reliable to identify the individual student deficits in 4 numeracy and other mathematical content and practices as listed in subsection (1) 5 of this section in the first forty-five (45) calendar days of the school year. 6 (8) A mathematics improvement plan shall be developed and implemented in the first 7 sixty (60) calendar days of the school year by a mathematics improvement team for 8 any student in kindergarten through grade three (3) identified as needing 9 accelerated interventions to progress toward proficient performance in mathematics. 10 The mathematics improvement plan shall require: 11 (a) Intensive intervention that includes effective instructional strategies and high- 12 quality instructional resources necessary to help the student make accelerated 13 progress toward proficient performance in mathematics and become ready for 14 the next grade, including but not limited to daily, one-on-one instruction with 15 students the most in need provided by certified teachers specifically trained 16 and most qualified to provide one-on-one instruction in numeracy; and 17 (b) Written quarterly progress reports provided by the school to a parent or 18 guardian of any student subject to a mathematics improvement plan. The 19 written quarterly progress report for the mathematics improvement plan may 20 be included in the school's existing quarterly student progress report. 21 (9) Beginning in the 2026-2027 school year, if a student's rate of progress toward 22 proficient performance in mathematics needs accelerated interventions as 23 demonstrated by the results of an approved universal screener and mathematics 24 diagnostic assessment, the local school district shall provide: 25 (a) Enrichment programs using evidence-based mathematics instruction and other 26 strategies; 27 UNOFFICIAL COPY 26 RS BR 232 Page 62 of 89 XXXX 10/23/2025 11:39 AM Jacketed (b) Intensive instructional services, progress monitoring measures, and supports; 1 and 2 (c) Parents and legal guardians of students identified for accelerated interventions 3 in mathematics with information on how to encourage mathematics success at 4 home. 5 (10) [By September 1, 2025, ]If funds are available, the department shall establish 6 teacher academies or coaching models for teachers of students in kindergarten 7 through grade eight (8). The teacher academies or coaching models shall be related 8 to evidence-based practices in instruction, instructional materials, and assessment in 9 mathematics. 10 (11) The department shall develop and maintain a web-based resource providing 11 teachers access to: 12 (a) Screening and diagnostic tools, universal screeners, screening processes, and 13 diagnostic assessments; 14 (b) Evidence-based curriculum; 15 (c) High quality instructional resources; and 16 (d) General supports and lesson plans. 17 (12) The department shall encourage districts to utilize both state and federal funds, as 18 appropriate, to implement a district-wide multitiered system of supports, including 19 high-quality mathematics instruction and instructional resources, evidence-based 20 intervention strategies and materials, aligned curriculum-based professional 21 learning, and ongoing, job-embedded coaching supports. 22 (13) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 23 determine appropriate instructional strategies for curriculum implementation shall 24 not be considered an evaluation for eligibility for special education and related 25 services, and nothing in this section shall limit a school district from completing an 26 initial evaluation of a student suspected of having a disability. 27 UNOFFICIAL COPY 26 RS BR 232 Page 63 of 89 XXXX 10/23/2025 11:39 AM Jacketed Section 16. KRS 158.843 is amended to read as follows: 1 (1) The Kentucky numeracy counts fund is hereby created for the purpose of training 2 and supporting teachers to improve the mathematics content and practices of 3 students in kindergarten through grade eight (8), as set forth in subsection (2) of this 4 section and KRS 158.8402(12). The fund shall consist of all moneys received from 5 state appropriations, gifts, grants, and federal funds for this purpose. The 6 department shall administer the fund. 7 (2) The department shall implement teacher professional learning academies related to 8 evidence-based practices in instruction, instructional materials, and assessment in 9 mathematics using moneys appropriated to or otherwise received by the Kentucky 10 numeracy counts fund. 11 (3) The department shall create a mathematics coaching program using moneys 12 appropriated to or otherwise received by the Kentucky numeracy counts fund. The 13 program shall: 14 (a) Use data coaches to improve mathematics instruction and intervention; 15 (b) Determine the effectiveness of intensive data-focused professional 16 development; and 17 (c) Provide expert support in mathematics instruction and intervention. 18 (4) (a) The department shall provide grants to local school districts[ and public 19 charter schools]. The grant shall only be used to purchase approved high- 20 quality research and evidence-based curriculum aligned to kindergarten 21 through grade three (3) academic standards in mathematics and expenditures 22 for curriculum-based professional learning to implement new curriculum. 23 (b) To be eligible to receive a grant, a local school district[ or public charter 24 school] shall: 25 1. Submit an application in accordance with paragraph (c) of this 26 subsection; and 27 UNOFFICIAL COPY 26 RS BR 232 Page 64 of 89 XXXX 10/23/2025 11:39 AM Jacketed 2. Agree to adopt a common comprehensive mathematics program that is 1 determined by the department to be reliable, valid, and aligned to 2 mathematics standards required by KRS 158.6453 and outlined in an 3 administrative regulation promulgated by the Kentucky Board of 4 Education. 5 (c) Local school districts shall submit applications that include a district-wide 6 plan[ and public charter schools shall submit applications that include a 7 school plan] for implementation of mathematics curriculum that includes: 8 1. How the district[ or public charter school] will implement the new 9 curriculum by school and by grade level; and 10 2. The timeline for the rollout of upgraded curriculum materials for core 11 instruction in classrooms. 12 (d) Available grant funding shall be distributed to eligible applicants based on a 13 rubric developed by the department. The rubric shall consider the information 14 provided in accordance with paragraphs (b) and (c) of this subsection and 15 prioritize applications from local school districts[ or public charter schools]: 16 1. In which more than fifty percent (50%) of the enrolled students scored 17 below the statewide average on the statewide assessments in 18 mathematics administered for the preceding school year; 19 2. With the greatest need for financial assistance; and 20 3. That propose comprehensive plans most likely to increase student 21 achievement in mathematics. 22 [(e) The department shall distribute the awarded grant money to a public charter 23 school authorizer, and the authorizer shall distribute one hundred percent 24 (100%) of the grant money to the charter school.] 25 (5) Notwithstanding the provisions of KRS 45.229, unexpended funds in the Kentucky 26 numeracy counts fund shall not lapse but shall carry forward to the next fiscal year 27 UNOFFICIAL COPY 26 RS BR 232 Page 65 of 89 XXXX 10/23/2025 11:39 AM Jacketed and shall be used for the purposes established in this section. 1 (6) Any interest earned on moneys in the fund shall become part of the fund and shall 2 not lapse. 3 Section 17. KRS 160.152 is amended to read as follows: 4 (1) For purposes of this section, "Kentucky Educator Placement Service System" or 5 "system" means the online statewide job posting system operated by the Kentucky 6 Department of Education for vacancies at local school districts[ and public charter 7 schools]. 8 (2) The Kentucky Department of Education shall ensure that the Kentucky Educator 9 Placement Service System: 10 (a) Is accessible through the department's website; 11 (b) Includes a mechanism for local school districts[ and public charter schools] to 12 electronically submit job openings for posting on the system as provided in 13 subsection (4) of this section; 14 (c) Allows the public to review job postings; 15 (d) Allows potential applicants to electronically submit applications and relevant 16 application materials; and 17 (e) Permits school districts[ and public charter schools] to access, review, and 18 download applications and application materials. 19 (3) Each job posting for a vacancy at a school district[ or public charter school] shall 20 include the school district's[ or public charter school's] policy against discrimination 21 in employment. 22 (4) School districts[ and public charter schools] shall electronically submit all job 23 postings to the system. All postings must include an opening and closing date for 24 each position posted. 25 (5) The Kentucky Department of Education shall operate and maintain the system to 26 ensure that job postings are current, including tracking each unique position posted, 27 UNOFFICIAL COPY 26 RS BR 232 Page 66 of 89 XXXX 10/23/2025 11:39 AM Jacketed monitoring for repeated position postings, and removing outdated postings, and to 1 collect accurate data about employment in public schools. 2 (6) Nothing in this section shall: 3 (a) Prohibit a school district[ or public charter school] from advertising job 4 openings and recruiting employees independently from the system; 5 (b) Prohibit a school district[ or public charter school] from using another method 6 of advertising job openings or another applicant tracking system in addition to 7 the system; 8 (c) Require all job applications for posted vacancies to be submitted digitally or 9 only be submitted through the system; or 10 (d) Provide the Kentucky Department of Education with any regulatory authority 11 in the hiring process or hiring decisions of any school district[ or public 12 charter school]. 13 (7) The Kentucky Department of Education shall prepare a report detailing data from 14 the system and its implication for the status of employment in public schools, 15 including but not limited to the number and type of unique and duplicated job 16 postings, how often postings are viewed by the public, and positions that are 17 remaining vacant by type, certification requirement, and location. The report shall 18 be submitted to the appropriate Interim Joint Committee on Education by October 19 1[, 2023, and] annually[ thereafter]. 20 Section 18. KRS 160.153 is amended to read as follows: 21 (1) As used in this section: 22 (a) "Military-connected student" means a child enrolled in a Kentucky public 23 school who is a dependent of a current or former member of the Armed 24 Forces of the United States, the Kentucky National Guard, or any reserve 25 component thereof; and 26 (b) "Purple star school" means any public or[,] private[, or public charter] school 27 UNOFFICIAL COPY 26 RS BR 232 Page 67 of 89 XXXX 10/23/2025 11:39 AM Jacketed serving any grades of kindergarten through twelfth grade that has committed 1 to supporting the educational and social-emotional needs of military- 2 connected students, as identified by the Kentucky Commission on Military 3 Affairs. 4 (2) The Kentucky Commission on Military Affairs shall establish the Purple Star 5 School Program and establish an application, review, and designation process for 6 eligible schools. 7 (3) To qualify as a purple star school, the school shall: 8 (a) Designate a staff member as a military liaison to serve as the point of contact 9 between the school and military-connected students and their families, whose 10 duties shall include: 11 1. Identifying military-connected students enrolled in the school; 12 2. Determining appropriate services available to military-connected 13 students; 14 3. Coordinating programs relevant to military-connected students; 15 4. Assisting military-connected students in transitioning into or out of the 16 school; 17 5. Facilitating optional professional development for staff members on 18 issues related to military-connected students; 19 6. Completing a Kentucky Commission on Military Affairs purple star 20 school questionnaire to provide feedback for program improvements; 21 and 22 7. Completing Kentucky purple star school self-paced online training 23 events, including military youth in Kentucky; 24 (b) Maintain a web page on the school's website that includes a prominent display 25 of the Kentucky purple star logo provided by the Kentucky Commission on 26 Military Affairs, resources for military-connected students and their families, 27 UNOFFICIAL COPY 26 RS BR 232 Page 68 of 89 XXXX 10/23/2025 11:39 AM Jacketed and information regarding: 1 1. Relocation, enrollment, registration, and transferring records in the 2 school; 3 2. Academic planning, course sequences, and advanced classes available; 4 3. Counseling and other support services available for military-connected 5 students enrolled in the school; and 6 4. Contact information for the military liaison designated in this 7 subsection; 8 (c) Host at least one (1) military recognition event annually that connects the 9 school with the military community; and 10 (d) Submit an application for designation as a purple star school with the 11 Kentucky Commission on Military Affairs. 12 Section 19. KRS 160.346 is amended to read as follows: 13 (1) For purposes of this section: 14 (a) "Department" means the Kentucky Department of Education; 15 (b) "ESSA" means the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, 16 or its successor; 17 (c) "Level" means elementary, middle, or high school; 18 (d) "Turnaround" means a comprehensive transformation of a school to achieve 19 accelerated, meaningful, and sustainable increases in student achievement 20 through improved school leadership and school district support; 21 (e) "Turnaround plan" means a mandatory school plan that is designed to 22 improve student learning and performance with evidence-based interventions 23 as defined in ESSA and that is developed and implemented by the local 24 school district in partnership with stakeholders, including the principal, other 25 school leaders, teachers, and parents; and 26 (f) "Turnaround team" means the turnaround training and support team described 27 UNOFFICIAL COPY 26 RS BR 232 Page 69 of 89 XXXX 10/23/2025 11:39 AM Jacketed in subsection (8)(a) of this section. 1 (2) (a) The department shall annually identify a school for targeted support and 2 improvement if the school has one (1) or more of the same subgroups, as 3 defined by ESSA, whose performance in the state accountability system by 4 level is at or below that of all students in any of the lowest-performing five 5 percent (5%) of all schools for three (3) consecutive years. 6 (b) Beginning with the 2021-2022 school year, and every three (3) years 7 thereafter, the department shall identify a school for additional targeted 8 support and improvement if the school has one (1) or more subgroups, as 9 defined by ESSA, whose performance in the state accountability system by 10 level is at or below the summative performance of all students in any of the 11 lowest-performing five percent (5%) of all schools identified under subsection 12 (3)(a) of this section and the school was identified in the immediately 13 preceding year for targeted support and improvement as described in 14 paragraph (a) of this subsection. 15 (3) The department shall annually identify a school for comprehensive support and 16 improvement if the school is: 17 (a) In the lowest-performing five percent (5%) of all schools in its level based on 18 the school's performance in the state accountability system; 19 (b) A high school with a four (4) year cohort graduation rate that is less than 20 eighty percent (80%); or 21 (c) Identified by the department for additional targeted support and improvement 22 under subsection (2)(b) of this section and fails to exit additional targeted 23 support and improvement status based on criteria established under subsection 24 (11) of this section. 25 (4) (a) When a school is identified for targeted support and improvement under 26 subsection (2)(a) of this section, the local school personnel, working with 27 UNOFFICIAL COPY 26 RS BR 232 Page 70 of 89 XXXX 10/23/2025 11:39 AM Jacketed stakeholders, including the principal, other school leaders, teachers, and 1 parents, shall revise its school improvement plan, which shall be subject to 2 review and approval by the local board of education. 3 (b) Each revised plan shall be informed by all available indicators, including 4 student performance compared to long-term goals, and shall include: 5 1. Components of turnaround leadership development and support; 6 2. Identification of critical resource inequities; 7 3. Evidence-based interventions; and 8 4. Additional actions that address the causes of consistently 9 underperforming subgroups of students. 10 (c) If adequate performance progress, as defined by the department, is not made, 11 the local school district shall take additional action to assist and support the 12 school in reaching performance goals. 13 (5) When a school is identified for additional targeted support and improvement under 14 subsection (2)(b) of this section, the local school district shall take more rigorous 15 district-determined action to assist and support the school in reaching performance 16 goals. 17 (6) (a) When a school is identified for comprehensive support and improvement, an 18 audit shall be performed by the department to diagnose the causes of the 19 school's low performance. 20 (b) The audit conducted under this subsection shall be the only comprehensive 21 audit required for a school unless the school fails to exit comprehensive 22 support and improvement status as described in subsection (11) of this section 23 or exits comprehensive support and improvement status but subsequently 24 repeats as a school identified for comprehensive support and improvement. 25 (7) (a) The audit conducted by the department under subsection (6) of this section 26 shall include: 27 UNOFFICIAL COPY 26 RS BR 232 Page 71 of 89 XXXX 10/23/2025 11:39 AM Jacketed 1. A diagnosis of the causes of the school's low performance, with an 1 emphasis on underperforming subgroups of students and corresponding 2 critical resource inequities; 3 2. An assessment and recommendation to the superintendent regarding the 4 best strategies to address the school's specific needs; 5 3. An assessment of the interaction and relationship among the 6 superintendent, central office personnel, and the school principal; 7 4. A recommendation of the steps the school may implement to launch and 8 sustain a turnaround process; 9 5. A recommendation to the local board of education of the turnaround 10 principles and strategies necessary for the superintendent to assist the 11 school with turnaround; and 12 6. An assessment and recommendation to the superintendent regarding the 13 principal's capacity to lead the turnaround effort in the school. 14 (b) The report of an audit conducted under this subsection shall be provided to the 15 superintendent, local board of education, school principal, commissioner of 16 education, and the Kentucky Board of Education. 17 (8) After completion of the audit described in subsection (7) of this section, each school 18 identified for comprehensive support and improvement shall engage in the 19 following turnaround intervention process: 20 (a) The superintendent and principal shall collaborate with the department to 21 create a turnaround training and support team for the school identified for 22 comprehensive support and improvement. The local board of education shall 23 approve the turnaround team; 24 (b) The authority of the school council granted under KRS 160.345 shall be 25 transferred to the superintendent; 26 (c) The superintendent shall select a principal for the school if a principal 27 UNOFFICIAL COPY 26 RS BR 232 Page 72 of 89 XXXX 10/23/2025 11:39 AM Jacketed vacancy occurs. The superintendent shall consult with the turnaround team, 1 parents, certified staff, and classified staff before appointing a principal 2 replacement; 3 (d) Upon recommendation of the principal, the superintendent may reassign 4 certified staff members to a comparable position in the school district; 5 (e) The superintendent shall collaborate with the turnaround team to design 6 ongoing turnaround training and support for the principal and a corresponding 7 monitoring system of effectiveness and student achievement results; 8 (f) The principal shall collaborate with the turnaround team to establish an 9 advisory leadership team representing school stakeholders including other 10 school leaders, teachers, and parents; 11 (g) 1. In consultation with the department, the local school board shall 12 collaborate with the superintendent, principal, turnaround team, and the 13 advisory leadership team to propose a three (3) year turnaround plan. 14 2. The turnaround plan shall include requests to the department for 15 exemptions from submitting documentation that are identified by the 16 principal, advisory leadership team, and turnaround team as inhibitors to 17 investing time in innovative instruction and accelerated student 18 achievement of diverse learners including ongoing staff instructional 19 plans, student interventions, formative assessment results, or staff 20 effectiveness processes. 21 3. The turnaround plan shall be reviewed for approval by the 22 superintendent and the local board of education and shall be subject to 23 review, approval, monitoring, and periodic review by the department as 24 described in KRS 158.782; 25 (h) The school district may request technical assistance from the department for 26 development and implementation of the turnaround plan, which may include 27 UNOFFICIAL COPY 26 RS BR 232 Page 73 of 89 XXXX 10/23/2025 11:39 AM Jacketed conducting needs assessments, selecting evidence-based interventions, and 1 reviewing and addressing resource inequities; 2 (i) The turnaround plan shall be fully implemented by the first full day of the 3 school year following the school year the school was identified for 4 comprehensive support and improvement; and 5 (j) The superintendent shall periodically report to the local school board, and at 6 least annually to the commissioner of education, on the implementation and 7 results of the turnaround plan. 8 (9) The department shall establish required professional learning for teachers of 9 students in schools identified for comprehensive support and improvement. 10 Required professional learning shall be related to evidence-based practices in 11 instruction, instructional materials implementation, and assessment for reading and 12 mathematics and aligned to Kentucky academic standards required by KRS 13 158.6453. 14 (10) Each superintendent[ or public charter school board of directors] shall adopt 15 evidence-based curriculum and select high-quality instructional resources for 16 schools identified for comprehensive support and improvement. High-quality 17 instructional materials selected by the superintendent shall be determined by the 18 department to be reliable, valid, and aligned to Kentucky academic standards 19 required by KRS 158.6453 for reading and mathematics. 20 (11) The Kentucky Board of Education shall establish annual statewide exit criteria for 21 schools identified for targeted support and improvement, additional targeted support 22 and improvement, and comprehensive support and improvement. 23 (12) If a school enters comprehensive support and improvement status and does not 24 make any annual improvement, as determined by the department, for two (2) 25 consecutive years, or if the school does not exit the status after three (3) years, the 26 school shall enter a school intervention process chosen by the commissioner of 27 UNOFFICIAL COPY 26 RS BR 232 Page 74 of 89 XXXX 10/23/2025 11:39 AM Jacketed education that provides more rigorous support and action by the department to 1 improve the school's performance. 2 (13) For school districts that include a significant number of schools, as determined by 3 the department, identified for targeted support and improvement: 4 (a) The department shall periodically review a local board's resource allocations 5 to support school improvement and provide technical assistance to the local 6 school board; and 7 (b) The department may provide a recommended list of turnaround or school 8 intervention providers that have demonstrated success implementing 9 evidence-based strategies. 10 (14) If, in the course of a school audit, the audit team identifies information suggesting 11 that a violation of KRS 160.345(9)(a) may have occurred, the commissioner of 12 education shall forward the evidence to the Office of Education Accountability for 13 investigation. 14 (15) A school's right to establish a council granted under KRS 160.345 may be restored 15 by the local board of education two (2) years after the school exits comprehensive 16 support and improvement status. 17 Section 20. KRS 161.164 is amended to read as follows: 18 (1) No employee of the local school district shall take part in the management or 19 activities of any political campaign for school board. 20 (2) No candidate for school board shall solicit or accept any political assessment, 21 subscription, contribution, or service of any employee of the school district. 22 (3) No person shall use or promise to use, directly or indirectly, any official authority 23 or influence, whether possessed or anticipated, to secure or attempt to secure for 24 any person an appointment or advantage in appointment to a position as teacher or 25 employee of any district board of education, or an increase in pay or other 26 advantage in employment in any such position, for the purpose of influencing the 27 UNOFFICIAL COPY 26 RS BR 232 Page 75 of 89 XXXX 10/23/2025 11:39 AM Jacketed vote or political action of any person. 1 (4) No teacher or employee of any district board of education shall be appointed or 2 promoted to, or demoted or dismissed from, any position or in any way favored or 3 discriminated against with respect to employment because of his or her political or 4 religious opinions or affiliations or ethnic origin or race or color or sex or age or 5 disabling condition. 6 (5) Any instruction or instructional materials on current, controversial topics related to 7 public policy or social affairs provided to public school[ or public charter school] 8 students, regardless of whether the individual that provides the instruction is 9 employed by the local school district[ or public charter school], shall be: 10 (a) Within the range of knowledge, understanding, age, and maturity of the 11 students receiving the instruction; and 12 (b) Relevant, objective, nondiscriminatory, and respectful to the differing 13 perspectives of students. 14 (6) An employee of a public school district[ or public charter school] shall not violate a 15 student's First Amendment rights by requiring or incentivizing a student to advocate 16 in a civic space on behalf of a perspective with which the student or the parent or 17 guardian of a minor student does not agree. 18 (7) An employee of a local school district[ or public charter school] shall not be 19 required to engage in training, orientation, or therapy that coerces the employee to 20 stereotype any group. 21 (8) The local superintendent shall inform all school employees of the provisions of this 22 section. 23 Section 21. KRS 161.220 is amended to read as follows: 24 As used in KRS 161.220 to 161.716 and 161.990: 25 (1) "Retirement system" means the arrangement provided for in KRS 161.220 to 26 161.716 and 161.990 for payment of allowances to members; 27 UNOFFICIAL COPY 26 RS BR 232 Page 76 of 89 XXXX 10/23/2025 11:39 AM Jacketed (2) "Retirement allowance" means the amount annually payable during the course of 1 his or her natural life to a member who has been retired by reason of service; 2 (3) "Disability allowance" means the amount annually payable to a member retired by 3 reason of disability; 4 (4) "Member" means the commissioner of education, deputy commissioners, associate 5 commissioners, and all division directors in the State Department of Education, 6 employees participating in the system pursuant to KRS 196.167(3)(b)1., and any 7 full-time teacher or professional occupying a position requiring certification or 8 graduation from a four (4) year college or university, as a condition of employment, 9 and who is employed by public boards, institutions, or agencies as follows: 10 (a) Local boards of education[ and public charter schools if the public charter 11 school satisfies the criteria set by the Internal Revenue Service to participate 12 in a governmental retirement plan]; 13 (b) Eastern Kentucky University, Kentucky State University, Morehead State 14 University, Murray State University, Western Kentucky University, and any 15 community colleges established under the control of these universities; 16 (c) State-operated secondary area vocational education or area technology 17 centers, Kentucky School for the Blind, and Kentucky School for the Deaf; 18 (d) Other public education agencies as created by the General Assembly and 19 those members of the administrative staff of the Teachers' Retirement System 20 of the State of Kentucky whom the board of trustees may designate by 21 administrative regulation; 22 (e) Regional cooperative organizations formed by local boards of education or 23 other public educational institutions listed in this subsection, for the purpose 24 of providing educational services to the participating organizations; 25 (f) All full-time members of the staffs of the Kentucky Association of School 26 Administrators, Kentucky Education Association, Kentucky Vocational 27 UNOFFICIAL COPY 26 RS BR 232 Page 77 of 89 XXXX 10/23/2025 11:39 AM Jacketed Association, Kentucky High School Athletic Association, Kentucky 1 Academic Association, and the Kentucky School Boards Association who 2 were members of the Kentucky Teachers' Retirement System or were 3 qualified for a position covered by the system at the time of employment by 4 the association in the event that the board of directors of the respective 5 association petitions to be included. The board of trustees of the Kentucky 6 Teachers' Retirement System may designate by resolution whether part-time 7 employees of the petitioning association are to be included. The state shall 8 make no contributions on account of these employees, either full-time or part- 9 time. The association shall make the employer's contributions, including any 10 contribution that is specified under KRS 161.550. The provisions of this 11 paragraph shall be applicable to persons in the employ of the associations on 12 or subsequent to July 1, 1972; 13 (g) Employees of the Council on Postsecondary Education who were employees 14 of the Department for Adult Education and Literacy and who were members 15 of the Kentucky Teachers' Retirement System at the time the department was 16 transferred to the council pursuant to Executive Order 2003-600; 17 (h) The Office of Career and Technical Education; 18 (i) The Office of Vocational Rehabilitation; 19 (j) The Kentucky Educational Collaborative for State Agency Children; 20 (k) The Governor's Scholars Program; 21 (l) Any person who is retired for service from the retirement system and is 22 reemployed by an employer identified in this subsection in a position that the 23 board of trustees deems to be a member, except that any person who becomes 24 a member on or after January 1, 2022, and subsequently draws a monthly 25 lifetime retirement allowance, shall upon reemployment after retirement not 26 earn a second retirement account; 27 UNOFFICIAL COPY 26 RS BR 232 Page 78 of 89 XXXX 10/23/2025 11:39 AM Jacketed (m) Employees of the former Cabinet for Workforce Development who are 1 transferred to the Kentucky Community and Technical College System and 2 who occupy positions covered by the Kentucky Teachers' Retirement System 3 shall remain in the Teachers' Retirement System. New employees occupying 4 these positions, as well as newly created positions qualifying for Teachers' 5 Retirement System coverage that would have previously been included in the 6 former Cabinet for Workforce Development, shall be members of the 7 Teachers' Retirement System; 8 (n) Effective January 1, 1998, employees of state community colleges who are 9 transferred to the Kentucky Community and Technical College System shall 10 continue to participate in federal old age, survivors, disability, and hospital 11 insurance, and a retirement plan other than the Kentucky Teachers' Retirement 12 System offered by Kentucky Community and Technical College System. New 13 employees occupying positions in the Kentucky Community and Technical 14 College System as referenced in KRS 164.5807(5) that would not have 15 previously been included in the former Cabinet for Workforce Development, 16 shall participate in federal old age, survivors, disability, and hospital 17 insurance and have a choice at the time of employment of participating in a 18 retirement plan provided by the Kentucky Community and Technical College 19 System, including participation in the Kentucky Teachers' Retirement System, 20 on the same basis as faculty of the state universities as provided in KRS 21 161.540 and 161.620; 22 (o) Employees of the Office of General Counsel, the Office of Budget and 23 Administrative Services, and the Office of Quality and Human Resources 24 within the Office of the Secretary of the former Cabinet for Workforce 25 Development and the commissioners of the former Department for Adult 26 Education and Literacy and the former Department for Technical Education 27 UNOFFICIAL COPY 26 RS BR 232 Page 79 of 89 XXXX 10/23/2025 11:39 AM Jacketed who were contributing to the Kentucky Teachers' Retirement System as of 1 July 15, 2000; 2 (p) Employees of the Kentucky Department of Education only who are graduates 3 of a four (4) year college or university, notwithstanding a substitution clause 4 within a job classification, and who are serving in a professional job 5 classification as defined by the department; 6 (q) The Governor's School for Entrepreneurs Program; 7 (r) Employees of the Office of Adult Education within the Department of 8 Workforce Development in the Education and Labor Cabinet who were 9 employees of the Council on Postsecondary Education, Kentucky Adult 10 Education Program and who were members of the Kentucky Teachers' 11 Retirement System at the time the Program was transferred to the cabinet 12 pursuant to Executive Orders 2019-0026 and 2019-0027; 13 (s) Employees of the Education Professional Standards Board who were 14 members of the Kentucky Teachers' Retirement System at the time the 15 employees were transferred to the Kentucky Department of Education 16 pursuant to Executive Order 2020-590; and 17 (t) WeLeadCS, the virtual computer science career academy established in KRS 18 158.809; 19 (5) "Present teacher" means any teacher who was a teacher on or before July 1, 1940, 20 and became a member of the retirement system created by 1938 (1st Extra. Sess.) 21 Ky. Acts ch. 1, on the date of the inauguration of the system or within one (1) year 22 after that date, and any teacher who was a member of a local teacher retirement 23 system in the public elementary or secondary schools of the state on or before July 24 1, 1940, and continued to be a member of the system until he or she, with the 25 membership of the local retirement system, became a member of the state Teachers' 26 Retirement System or who becomes a member under the provisions of KRS 27 UNOFFICIAL COPY 26 RS BR 232 Page 80 of 89 XXXX 10/23/2025 11:39 AM Jacketed 161.470(4); 1 (6) "New teacher" means any member not a present teacher; 2 (7) "Prior service" means the number of years during which the member was a teacher 3 in Kentucky prior to July 1, 1941, except that not more than thirty (30) years' prior 4 service shall be allowed or credited to any teacher; 5 (8) "Subsequent service" means the number of years during which the teacher is a 6 member of the Teachers' Retirement System after July 1, 1941; 7 (9) "Final average salary" means the average of the five (5) highest annual salaries 8 which the member has received for service in a covered position and on which the 9 member has made contributions, or on which the public board, institution, or 10 agency has picked-up member contributions pursuant to KRS 161.540(2), or the 11 average of the five (5) years of highest salaries as defined in KRS 61.680(2)(a), 12 which shall include picked-up member contributions. Additionally, the board of 13 trustees may approve a final average salary based upon the average of the three (3) 14 highest salaries for individuals who become members prior to January 1, 2022, who 15 are at least fifty-five (55) years of age and have a minimum of twenty-seven (27) 16 years of Kentucky service credit. However, if any of the five (5) or three (3) highest 17 annual salaries used to calculate the final average salary was paid within the three 18 (3) years immediately prior to the date of the member's retirement for individuals 19 who become members prior to January 1, 2022, or within the five (5) years 20 immediately prior to the date of the member's retirement for individuals who 21 become members on or after January 1, 2022, the amount of salary to be included 22 for each of those three (3) years or five (5) years, as applicable, for the purpose of 23 calculating the final average salary shall be limited to the lesser of: 24 (a) The member's actual salary; or 25 (b) The member's annual salary that was used for retirement purposes during each 26 of the prior three (3) years or five (5) years, as applicable, plus a percentage 27 UNOFFICIAL COPY 26 RS BR 232 Page 81 of 89 XXXX 10/23/2025 11:39 AM Jacketed increase equal to the percentage increase received by all other members 1 employed by the public board, institution, or agency, or for members of 2 school districts, the highest percentage increase received by members on any 3 one (1) rank and step of the salary schedule of the school district. The increase 4 shall be computed on the salary that was used for retirement purposes. The 5 board of trustees may promulgate an administrative regulation in accordance 6 with KRS Chapter 13A to establish a methodology for measuring the 7 limitation so that the combined increases in salary for each of the last three (3) 8 full years of salary prior to retirement shall not exceed the total permissible 9 percentage increase received by other members of the employer for the same 10 three (3) year period. 11 For individuals who became members of the retirement system prior to July 1, 12 2021, this limitation shall not apply if the member receives an increase in salary in a 13 percentage exceeding that received by the other members, and this increase was 14 accompanied by a corresponding change in position or in length of employment. 15 The board of trustees may promulgate an administrative regulation in accordance 16 with KRS Chapter 13A to provide definitions for a corresponding change in 17 position or in length of employment. This limitation shall also not apply to the 18 payment to a member for accrued annual leave if the individual becomes a member 19 before July 1, 2008, or accrued sick leave which is authorized by statute and which 20 shall, for individuals subject to KRS 161.155(10) who became nonuniversity 21 members of the system prior to January 1, 2022, be included as part of a retiring 22 member's annual compensation for the member's last year of active service; 23 (10) "Annual compensation" means the total salary received by a member as 24 compensation for all services performed in employment covered by the retirement 25 system during a fiscal year. Annual compensation shall not include payment for any 26 benefit or salary adjustments made by the public board, institution, or agency to the 27 UNOFFICIAL COPY 26 RS BR 232 Page 82 of 89 XXXX 10/23/2025 11:39 AM Jacketed member or on behalf of the member which is not available as a benefit or salary 1 adjustment to other members employed by that public board, institution, or agency. 2 Annual compensation shall not include the salary supplement received by a member 3 under KRS 157.197(2)(c), 158.6455, or 158.782 on or after July 1, 1996. Under no 4 circumstances shall annual compensation include compensation that is earned by a 5 member while on assignment to an organization or agency that is not a public 6 board, institution, or agency listed in subsection (4) of this section. In the event that 7 federal law requires that a member continue membership in the retirement system 8 even though the member is on assignment to an organization or agency that is not a 9 public board, institution, or agency listed in subsection (4) of this section, the 10 member's annual compensation for retirement purposes shall be deemed to be the 11 annual compensation, as limited by subsection (9) of this section, last earned by the 12 member while still employed solely by and providing services directly to a public 13 board, institution, or agency listed in subsection (4) of this section. The board of 14 trustees shall determine if any benefit or salary adjustment qualifies as annual 15 compensation. For an individual who becomes a member on or after July 1, 2008, 16 annual compensation shall not include lump-sum payments upon termination of 17 employment for accumulated annual or compensatory leave; 18 (11) "Age of member" means the age attained on the first day of the month immediately 19 following the birthdate of the member. This definition is limited to retirement 20 eligibility and does not apply to tenure of members; 21 (12) "Employ," and derivatives thereof, means relationships under which an individual 22 provides services to an employer as an employee, as an independent contractor, as 23 an employee of a third party, or under any other arrangement as long as the services 24 provided to the employer are provided in a position that would otherwise be 25 covered by the Kentucky Teachers' Retirement System and as long as the services 26 are being provided to a public board, institution, or agency listed in subsection (4) 27 UNOFFICIAL COPY 26 RS BR 232 Page 83 of 89 XXXX 10/23/2025 11:39 AM Jacketed of this section; 1 (13) "Regular interest" means: 2 (a) For an individual who becomes a member prior to July 1, 2008, interest at 3 three percent (3%) per annum; 4 (b) For an individual who becomes a member on or after July 1, 2008, but prior to 5 January 1, 2022, interest at two and one-half percent (2.5%) per annum for 6 purposes of crediting interest to the teacher savings account or any other 7 contributions made by the employee that are refundable to the employee upon 8 termination of employment; and 9 (c) For an individual who becomes a member on or after January 1, 2022, the 10 rolling five (5) year yield on a thirty (30) year United States Treasury bond as 11 of the end of May prior to the most recently completed fiscal year, except 12 that: 13 1. Once the member has at least sixty (60) months of service in the system 14 it shall mean interest at two and one-half percent (2.5%) per annum for 15 purposes of crediting interest to employee contributions in the 16 foundational benefit component or any other contributions made by the 17 employee to the foundational benefit component that are refundable to 18 the employee upon termination of employment; and 19 2. The board shall have the authority to adjust the regular interest rate for 20 individuals who become members on or after January 1, 2022, in 21 accordance with KRS 161.633 and 161.634; 22 (14) "Accumulated contributions" means the contributions of a member to the teachers' 23 savings fund, including picked-up member contributions as described in KRS 24 161.540(2), plus accrued regular interest; 25 (15) "Annuitant" means a person who receives a retirement allowance or a disability 26 allowance; 27 UNOFFICIAL COPY 26 RS BR 232 Page 84 of 89 XXXX 10/23/2025 11:39 AM Jacketed (16) "Local retirement system" means any teacher retirement or annuity system created 1 in any public school district in Kentucky in accordance with the laws of Kentucky; 2 (17) "Fiscal year" means the twelve (12) month period from July 1 to June 30. The 3 retirement plan year is concurrent with this fiscal year. A contract for a member 4 employed by a local board of education may not exceed two hundred sixty-one 5 (261) days in the fiscal year; 6 (18) "Public schools" means the schools and other institutions mentioned in subsection 7 (4) of this section; 8 (19) "Dependent" as used in KRS 161.520 and 161.525 means a person who was 9 receiving, at the time of death of the member, at least one-half (1/2) of the support 10 from the member for maintenance, including board, lodging, medical care, and 11 related costs; 12 (20) "Active contributing member" means a member currently making contributions to 13 the Teachers' Retirement System, who made contributions in the immediate 14 preceding fiscal year, for whom picked-up member contributions are currently 15 being made, or for whom these contributions were made in the immediate 16 preceding fiscal year; 17 (21) "Full-time" means employment in a position that requires services on a continuing 18 basis equal to at least seven-tenths (7/10) of normal full-time service on a fiscal 19 year basis; 20 (22) "Full actuarial cost," when used to determine the payment or payments that a 21 member must pay for service credit means the actuarial value of all costs associated 22 with the enhancement of a member's benefits or eligibility for benefit 23 enhancements, including health insurance supplement payments made by the 24 retirement system. The board may promulgate administrative regulations in 25 accordance with KRS Chapter 13A to provide the methodology for the assessment 26 of and procedures for the payment and collection of the full actuarial cost of the 27 UNOFFICIAL COPY 26 RS BR 232 Page 85 of 89 XXXX 10/23/2025 11:39 AM Jacketed purchased service. The actuary for the retirement system shall determine the full 1 actuarial value costs and actuarial cost factor tables as provided in KRS 161.400; 2 (23) "Last annual compensation" means the annual compensation, as defined by 3 subsection (10) of this section and as limited by subsection (9) of this section, 4 earned by the member during the most recent period of contributing service, either 5 consecutive or nonconsecutive, that is sufficient to provide the member with one (1) 6 full year of service credit in the Kentucky Teachers' Retirement System, and which 7 compensation is used in calculating the member's initial retirement allowance, 8 excluding bonuses, retirement incentives, payments for accumulated sick leave, 9 annual, personal, and compensatory leave, and any other lump-sum payment. For 10 an individual who becomes a member on or after July 1, 2008, payments for annual 11 or compensatory leave shall not be included in determining the member's last 12 annual compensation; 13 (24) "Participant" means a member, as defined by subsection (4) of this section, or an 14 annuitant, as defined by subsection (15) of this section; 15 (25) "Qualified domestic relations order" means any judgment, decree, or order, 16 including approval of a property settlement agreement, that: 17 (a) Is issued by a court or administrative agency; and 18 (b) Relates to the provision of child support, alimony payments, or marital 19 property rights to an alternate payee; 20 (26) "Alternate payee" means a spouse, former spouse, child, or other dependent of a 21 participant, who is designated to be paid retirement benefits in a qualified domestic 22 relations order; 23 (27) "University member" means an individual who becomes a member through 24 employment with an employer specified in subsection (4)(b) and (n) of this section; 25 (28) "Nonuniversity member" means an individual who becomes a member through 26 employment with an employer specified under subsection (4) of this section, except 27 UNOFFICIAL COPY 26 RS BR 232 Page 86 of 89 XXXX 10/23/2025 11:39 AM Jacketed for those members employed by an employer specified in subsection (4)(b) and (n) 1 of this section; 2 (29) "Accumulated employer contribution" means the employer contribution deposited 3 to a member's account through the supplemental benefit component and regular 4 interest credited on such amounts as provided by KRS 161.635 for nonuniversity 5 members and KRS 161.636 for university members; 6 (30) "Accumulated account balance" means: 7 (a) For members who began participating in the system prior to January 1, 2022, 8 the member's accumulated contributions; or 9 (b) For members who began participating in the system on or after January 1, 10 2022, the combined sum of the member's accumulated contributions and the 11 member's accumulated employer contributions; 12 (31) "Foundational benefit component" means the benefits provided by KRS 161.220 to 13 161.716 to individuals who become members on or after January 1, 2022, except 14 for the supplemental benefit component and retiree health benefits set forth in KRS 15 161.675; and 16 (32) "Supplemental benefit component" means: 17 (a) The benefit established pursuant to KRS 161.635 for individuals who become 18 nonuniversity members on or after January 1, 2022; or 19 (b) The benefit established pursuant to KRS 161.636 for individuals who become 20 university members on or after January 1, 2022. 21 Section 22. KRS 218B.045 is amended to read as follows: 22 (1) A registered qualified patient or visiting qualified patient who uses medicinal 23 cannabis shall be afforded all the same rights under state and local law, including 24 those guaranteed under KRS Chapter 344, as the individual would have been 25 afforded if he or she were solely prescribed pharmaceutical medications as they 26 pertain to drug testing required by any state or local law. 27 UNOFFICIAL COPY 26 RS BR 232 Page 87 of 89 XXXX 10/23/2025 11:39 AM Jacketed (2) A cardholder otherwise entitled to custody of, or visitation time or parenting time 1 with, a minor child shall not be denied that right, and there shall be no presumption 2 of abuse, neglect, or dependency for conduct permitted under this chapter unless the 3 person's actions in relation to medicinal cannabis created an unreasonable danger to 4 the safety of the minor child as established by clear and convincing evidence. 5 (3) (a) For the purposes of medical care, including organ transplants, a patient's 6 authorized use of medicinal cannabis is the equivalent of the authorized use of 7 any other medication used at the direction of a practitioner. 8 (b) A health facility as defined in KRS 216B.015 may develop policies to allow a 9 patient who is a registered qualified patient or visiting qualified patient to use 10 medicinal cannabis on the premises of the health facility. 11 (4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for 12 his or her status as a cardholder, unless failing to do so would violate federal 13 law or regulations and cause the school to lose a monetary or licensing-related 14 benefit under federal law or regulations. 15 (b) A school shall not be penalized or denied any benefit under state law for 16 enrolling a cardholder. 17 (c) Each local board of education[, each board of directors of a public charter 18 school,] and the governing body of each certified nonpublic school shall[, no 19 later than December 1, 2024,] establish policies related to the use of medicinal 20 cannabis by a pupil who is a registered qualified patient on school property. 21 Policies enacted pursuant to this paragraph shall either prohibit the use of 22 medicinal cannabis on school property or permit the use of medicinal 23 cannabis on school property by a pupil who is a registered qualified patient as 24 deemed necessary by the pupil's parent or legal guardian. If a local board of 25 education[, the board of directors of a public charter school,] or the governing 26 body of a certified nonpublic school enacts a policy to permit the use of 27 UNOFFICIAL COPY 26 RS BR 232 Page 88 of 89 XXXX 10/23/2025 11:39 AM Jacketed medicinal cannabis by a pupil who is a registered qualified patient, that policy 1 shall: 2 1. Require medicinal cannabis be administered: 3 a. i. By a school nurse or under the supervision of appropriate 4 school staff; or 5 ii. By the parent or legal guardian of the pupil who is a 6 registered qualified patient; and 7 b. Out of view of other students; and 8 2. Include a process by which a school nurse or other school staff member 9 may refuse to administer or supervise the administration of medicinal 10 cannabis. 11 Section 23. The following KRS sections are repealed: 12 160.1590 Definitions for KRS 160.1590 to 160.1599. 13 160.1591 Legislative findings and declarations -- Public charter school project. 14 160.15911 Kentucky Public Charter School Pilot Project -- Authorizers -- Approval of 15 charter application -- Collective may act as substitute authorizer -- Annual report -- 16 Performance review -- Contract renewal. 17 160.1592 Public charter schools part of state's public education system -- Exemption 18 from laws and regulations -- School requirements -- Enrollment option information 19 for parents -- Board of directors -- Buildings and grounds, liability insurance, and 20 other undertakings -- Requirement to be nonsectarian and nondiscriminatory -- 21 Authorized grade levels -- Programs and services for students with disabilities -- 22 Participation in athletic, academic, and other programs -- Single-sex public charter 23 schools permitted -- Amendments to charter contract -- Acceptance of credits 24 earned and grades received in public charter school -- Leave of absence to teach in 25 public charter school. 26 160.1593 Application to establish public charter school -- Submission to authorizer and 27 UNOFFICIAL COPY 26 RS BR 232 Page 89 of 89 XXXX 10/23/2025 11:39 AM Jacketed state board -- Required application information. 1 160.1594 Public charter school authorizer -- Duties -- Application reviews and decisions 2 -- Criteria for approval -- Explanation of decision -- Submission to Department of 3 Education -- School board member charter authorization training. 4 160.1595 Request for technical assistance -- Appeal of approval or denial to state board 5 -- Judicial review -- Joint oversight. 6 160.1596 Board of directors of public charter schools -- Required elements of charter 7 contract with authorizer -- Calculation of daily average attendance -- Proportional 8 transfer of funds -- Services -- Negotiation by collaborative -- Calculations for first 9 year -- Authorizer fee -- Schedule for funds transfer -- Grants -- Share of state and 10 federal funds -- Distribution of closed school's assets -- Administrative regulations - 11 - Annual report by authorizer. 12 160.1597 Term of approved charter school contract -- Contract between board of 13 directors and authorizer's governing body -- Corporate powers -- Prohibition against 14 tax levies and use of eminent domain -- Immunity from liability. 15 160.1598 Renewal or nonrenewal of charter contract -- School performance report -- 16 Reasons for nonrenewal or revocation -- Administrative regulations -- Report of 17 action taken and reason for decision -- School closure protocol. 18 160.1599 Conversion of public noncharter school to public charter school -- 19 Establishment requirements -- Administrative regulations -- Governance -- 20 Enrollment requirements -- Employees -- Collective bargaining -- School 21 facilities. 22 161.141 Participation in retirement systems -- State-sponsored insurance program -- 23 Appropriations for retirement and insurance -- Sick leave credit -- Requirements 24 and prohibitions concerning public charter school employees and local school 25 boards -- Employees of education service provider. 26