Text of KY SB 351 (2026)

UNOFFICIAL COPY 26 RS BR 804 Page 1 of 14 XXXX 2/27/2026 1:18 PM Jacketed AN ACT relating to education professional certifications. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 161.030 is amended to read as follows: 3 (1) Notwithstanding the age of the pupil, the certification of all teachers and other 4 school personnel, in public schools only, is vested in the Education Professional 5 Standards Board. When so certified, teachers and other school personnel shall not 6 be required to have licensure, certification, or other forms of approval from any 7 other state agency for the performance of their respective assignments within the 8 system of public schools, except as provided for by law. All certificates authorized 9 under KRS 161.010 to 161.126 shall be issued in accordance with the 10 administrative regulations of the Education Professional Standards Board. After 11 July 15, 1994, all certificate applications and other data collection instruments of 12 the board shall include a request for voluntary information about the applicant's 13 ethnic background. This information shall be available to help local school districts 14 locate minority candidates. A person who holds a certificate prior to this 15 requirement may request that ethnic information be added to his or her file. Nothing 16 in this section shall preclude the right of an individual in a nonpublic school from 17 seeking voluntary certification by the Education Professional Standards Board. 18 (2) Certificates shall be issued upon written application and in accordance with statutes 19 and regulations in effect at the time of application to persons who have completed, 20 at colleges, universities, or local school district programs approved by the 21 Education Professional Standards Board for the preparation of teachers and other 22 school personnel, the curricula prescribed by the administrative regulations of the 23 Education Professional Standards Board. 24 (3) (a) Certification of all new teachers and teachers seeking additional certification 25 shall require the successful completion of appropriate assessments prior to 26 certification. The assessments shall be selected by the Education Professional 27 UNOFFICIAL COPY 26 RS BR 804 Page 2 of 14 XXXX 2/27/2026 1:18 PM Jacketed Standards Board and shall measure knowledge in the specific teaching field of 1 the applicant, including content of the field and teaching of that content. The 2 Education Professional Standards Board shall determine the minimum 3 acceptable level of achievement on each assessment. The assessments shall 4 measure those concepts, ideas, and facts which are being taught in teacher 5 education programs in Kentucky. Upon successful completion of the 6 assessments and the approved teacher preparation program, a professional 7 certificate valid for five (5) years shall be issued. 8 (b) If an applicant for teacher certification has completed the approved teacher 9 preparation program and has taken but failed to successfully complete the 10 appropriate assessments selected by the Education Professional Standards 11 Board, a conditional certificate may be issued for a period not to exceed one 12 (1) year. The employing school district, in collaboration with the teacher 13 education institution, shall provide technical assistance and mentoring support 14 to the conditionally certified teacher. The teacher shall retake the assessments 15 during the validity period of the conditional certificate. The conditional 16 certificate shall not be reissued. Upon successful completion of the required 17 assessments, a professional certificate valid for five (5) years shall be issued. 18 The Education Professional Standards Board shall promulgate administrative 19 regulations to establish the standards and procedures for issuance of a 20 conditional certificate. 21 (c) If an out-of-state teacher with less than two (2) years' experience comes to 22 Kentucky after the deadline for taking the assessments, a temporary certificate 23 may be issued for a period up to six (6) months. The teacher shall take the 24 assessments during the period of the temporary certificate. If the teacher fails 25 the assessments, the temporary certificate shall be valid only for the current 26 semester. If the teacher passes the assessments, a professional certificate valid 27 UNOFFICIAL COPY 26 RS BR 804 Page 3 of 14 XXXX 2/27/2026 1:18 PM Jacketed for five (5) years shall be issued. 1 (4) A reasonable fee to be paid by the teacher and directly related to the actual cost of 2 the administration of the assessments shall be established by the Education 3 Professional Standards Board. Provisions shall be made for persons having less than 4 minimum levels of performance on any assessment to repeat that assessment, and 5 candidates shall be informed of their strengths and weaknesses in the specific 6 performance areas. The Education Professional Standards Board shall provide for 7 confidentiality of the individual assessment scores. Scores shall be available only to 8 the candidate and to the education officials who are responsible for determining 9 whether established certification standards have been met. Scores shall be used only 10 in the assessment for certification of new teachers and of out-of-state teachers with 11 less than two (2) years of teaching experience who are seeking initial certification 12 in Kentucky. 13 (5) If an applicant establishes eligibility for a five (5) year professional certificate under 14 the provisions of subsection (3)(a) of this section, the applicant shall also be eligible 15 for the issuance of a certificate for substitute teaching as provided by the 16 administrative regulations of the Education Professional Standards Board. 17 (6) (a) The Education Professional Standards Board shall issue a ten (10) year 18 emeritus certificate to an applicant who has: 19 1. Retired or will retire not more than one (1) year prior to the expiration 20 date of the certificate; 21 2. Met the requirements to receive an emeritus certificate as set forth in 22 administrative regulation promulgated by the Education Professional 23 Standards Board; and 24 3. Completed the required application unless the provisions of KRS 25 161.120 apply. 26 (b) The Education Professional Standards Board shall issue a one (1) time five (5) 27 UNOFFICIAL COPY 26 RS BR 804 Page 4 of 14 XXXX 2/27/2026 1:18 PM Jacketed year exception certificate to an individual: 1 1. Whose certificate has expired; 2 2. Whose rank upon expiration was Rank I or Rank II; 3 3. Who has met the requirements to receive an exception certificate as set 4 forth in administrative regulation promulgated by the Education 5 Professional Standards Board; 6 4. Who completed three (3) years of classroom instruction prior to the 7 certificate's expiration; and 8 5. Who has completed the required application unless the provisions of 9 KRS 161.120 apply. 10 (7) The Education Professional Standards Board shall approve the curricula of any 11 college or university, or of any department thereof, for the training of teachers, and 12 any nontraditional or alternative teacher preparation program offered in a public or 13 private postsecondary education institution, private contractor, or state agency, and 14 shall also approve the curricula of any local district alternative certification 15 program, when the curricula comply with the administrative regulations of the 16 Education Professional Standards Board for the issuance of certificates and when 17 the institution has met the terms and conditions provided in KRS 161.010 to 18 161.120. Any student who has completed any of these curricula, as approved by the 19 Education Professional Standards Board, and who has completed the prescribed 20 requirements for the issuance of certificates shall be granted a certificate 21 corresponding to the curricula completed. 22 (8) The issuance of any certificate, except emergency certificates issued pursuant to 23 KRS 161.100, by the Education Professional Standards Board shall not be 24 dependent upon an offer of employment. The certification process, except for 25 emergency certificates, is independent of any job prospects and certification shall 26 be awarded on the basis of completing a teacher preparation program or an 27 UNOFFICIAL COPY 26 RS BR 804 Page 5 of 14 XXXX 2/27/2026 1:18 PM Jacketed alternative certification pathway and passing required assessments. 1 (9) (a) Certificates shall not be issued to, or renewed for, an individual who has 2 been treated for or diagnosed with any disorder that is excluded from the 3 Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq. by a 4 licensed medical professional, as these disorders were defined in the 5 Diagnostic and Statistical Manual of Mental Disorders (Third Edition, 6 Revised), at the time that federal act was passed. 7 (b) An application for certification or renewal shall include a statement from 8 the applicant, attesting under penalty of perjury that the applicant has never 9 been treated for or diagnosed with a disorder referenced in paragraph (a) of 10 this subsection by a licensed medical professional. 11 (c) The State Board of Medical Licensure, the Kentucky Board of Nursing, and 12 the Kentucky Board of Examiners of Psychology shall promulgate 13 administrative regulations in accordance with KRS Chapter 13A to require 14 licensees to diagnose the disorders referenced in paragraph (a) of this 15 subsection based on the disorder definitions in the Diagnostic and 16 Statistical Manual of Mental Disorders (Third Edition, Revised). 17 Section 2. KRS 161.120 is amended to read as follows: 18 (1) Except as described in KRS 161.795, the Education Professional Standards Board 19 may revoke, suspend, or refuse to issue or renew; impose probationary or 20 supervisory conditions upon; issue a written reprimand or admonishment; or any 21 combination of those actions regarding any certificate issued under KRS 161.010 to 22 161.100, or any certificate or license issued under any previous law to 23 superintendents, principals, teachers, substitute teachers, interns, supervisors, 24 directors of pupil personnel, or other administrative, supervisory, or instructional 25 employees for the following reasons: 26 (a) Being convicted of, or entering an "Alford" plea or plea of nolo contendere to, 27 UNOFFICIAL COPY 26 RS BR 804 Page 6 of 14 XXXX 2/27/2026 1:18 PM Jacketed notwithstanding an order granting probation or suspending imposition of any 1 sentence imposed following the conviction or entry of the plea, one (1) of the 2 following: 3 1. A felony; 4 2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525, 5 529, 530, or 531; or 6 3. A misdemeanor involving a student or minor. 7 A certified copy of the conviction or plea shall be conclusive evidence of the 8 conviction or plea; 9 (b) Having sexual contact as defined in KRS 510.010(7) with a student or minor. 10 Conviction in a criminal proceeding shall not be a requirement for 11 disciplinary action; 12 (c) Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral 13 conduct. If the act constitutes a crime, conviction in a criminal proceeding 14 shall not be a condition precedent to disciplinary action; 15 (d) Demonstrating willful or careless disregard for the health, welfare, or safety 16 of others; 17 (e) Physical or mental incapacity that prevents the certificate holder from 18 performing duties with reasonable skill, competence, or safety; 19 (f) Having been treated for or diagnosed with a disorder referenced in 20 subsection (9) of Section 1 of this Act; 21 (g) Possessing, using, or being under the influence of alcohol, which impairs the 22 performance of duties; 23 (h)[(g)] Unlawfully possessing or unlawfully using a drug during the 24 performance of duties; 25 (i)[(h)] Incompetency or neglect of duty; 26 (j)[(i)] Making, or causing to be made, any false or misleading statement or 27 UNOFFICIAL COPY 26 RS BR 804 Page 7 of 14 XXXX 2/27/2026 1:18 PM Jacketed concealing a material fact in obtaining issuance or renewal of any certificate; 1 (k)[(j)] Failing to report as required by subsection (3) of this section; 2 (l)[(k)] Failing to comply with an order of the Education Professional Standards 3 Board; 4 (m)[(l)] Violating any state statute relating to schools or the teaching profession; 5 (n)[(m)] Violating the professional code of ethics for Kentucky school certified 6 personnel established by the Education Professional Standards Board through 7 the promulgation of administrative regulation; 8 (o)[(n)] Violating any administrative regulation promulgated by the Education 9 Professional Standards Board or the Kentucky Board of Education; or 10 (p)[(o)] Receiving disciplinary action or having the issuance of a certificate 11 denied or restricted by another jurisdiction on grounds that constitute a 12 violation of this subsection. 13 (2) The Education Professional Standards Board shall respond to complaints against a 14 certificate holder by the following process: 15 (a) 1. Except as provided in subparagraph 2. of this paragraph, within thirty 16 (30) calendar days of the receipt of a completed complaint, board staff 17 shall conduct an initial review to determine whether there is sufficient 18 evidence that a violation may have occurred and shall provide notice of 19 the initial determination to the certificate holder within seven (7) 20 business days that shall include the complete copy of the report and all 21 underlying relevant documents and records. If the complaint alleges 22 unauthorized electronic communication as defined in KRS 160.145, 23 sexual contact, or other sexual misconduct, the identity of a complainant 24 that is not the superintendent and any identifying information of the 25 minor involved in the complaint shall remain confidential. 26 2. When a complaint alleges unauthorized electronic communication, as 27 UNOFFICIAL COPY 26 RS BR 804 Page 8 of 14 XXXX 2/27/2026 1:18 PM Jacketed defined in KRS 160.145, sexual contact, or other sexual misconduct, the 1 board staff shall have one hundred twenty (120) days to conduct the 2 initial review required by subparagraph 1. of this paragraph; 3 (b) Upon receipt of the notice, the certificate holder shall have thirty (30) 4 calendar days to respond or provide a rebuttal to any complaint that was 5 determined to contain sufficient evidence that a violation may have occurred. 6 The response period shall be extended an additional thirty (30) calendar days 7 upon the certificate holder's written request submitted to the board; 8 (c) Within ten (10) business days of the receipt of the certificate holder's response 9 or the end of the response period established in paragraph (b) of this 10 subsection, board staff shall conduct another review of the complaint to 11 determine if sufficient evidence exists to support a violation. If the board staff 12 determines that the evidence is: 13 1. Insufficient, then the board staff shall recommend dismissal and shall 14 notify the certificate holder and the complainant of the recommendation 15 within seven (7) business days of the determination; or 16 2. Sufficient, then the board staff shall have seven (7) business days to 17 notify the certificate holder and the complainant of the determination. 18 Notice to the complainant shall only state that further proceedings will 19 occur; 20 (d) Upon a determination that sufficient evidence exists to support a possible 21 violation, within the notice required under paragraph (c)2. of this subsection, 22 board staff shall initiate an in-person or virtual conference with the certificate 23 holder to share information and to determine if an agreed resolution can be 24 recommended to the board concerning the alleged violation. The conference 25 shall be scheduled within thirty (30) calendar days of the determination. The 26 certificate holder may decline the conference. If the conference does not occur 27 UNOFFICIAL COPY 26 RS BR 804 Page 9 of 14 XXXX 2/27/2026 1:18 PM Jacketed due to the certificate holder's failure to respond within the thirty (30) calendar 1 days, the required conference shall be considered waived. The certificate 2 holder may have an attorney present at the conference; 3 (e) Upon the conclusion of the thirty (30) calendar days conference period, the 4 board shall act on the complaint within thirty (30) calendar days. If the board 5 fails to act on the complaint within the thirty (30) calendar days, then the 6 complaint shall be considered dismissed. The board shall consider the entirety 7 of the complaint with any associated response or recommended agreed 8 resolution to determine: 9 1. Dismissal, conditional dismissal upon completion of training, 10 admonishment, further investigation, or initiation of a hearing; 11 2. Approval of the recommended agreed resolution; or 12 3. A deferral if: 13 a. The content of the complaint is subject to ongoing: 14 i. Criminal investigation or proceedings; 15 ii. Child abuse, dependency, or neglect investigation by an 16 authorized state agency; or 17 iii. Teacher tribunal process as provided in KRS 161.790; or 18 b. The deferral is agreed to by the certificate holder; and 19 (f) The provision of a confirmation of receipt from the board to the certificate 20 holder whenever the certificate holder submits a response or correspondence 21 to the board. 22 (3) (a) The superintendent of each local school district shall report in writing to the 23 Education Professional Standards Board the name, address, phone number, 24 Social Security number, and position name of any certified school employee 25 in the employee's district whose contract is terminated or not renewed, for 26 cause except failure to meet local standards for quality of teaching 27 UNOFFICIAL COPY 26 RS BR 804 Page 10 of 14 XXXX 2/27/2026 1:18 PM Jacketed performance prior to the employee gaining tenure; who resigns from, or 1 otherwise leaves, a position under threat of contract termination, or 2 nonrenewal, for cause; who is convicted in a criminal prosecution; or who 3 otherwise may have engaged in any actions or conduct while employed in the 4 school district that might reasonably be expected to warrant consideration for 5 action against the certificate under subsection (1) of this section. The duty to 6 report shall exist without regard to any disciplinary action, or lack thereof, by 7 the superintendent, and the required report shall be submitted within thirty 8 (30) calendar days of the event giving rise to the duty to report. 9 (b) The district superintendent shall inform the Education Professional Standards 10 Board in writing of the full facts and circumstances leading to the contract 11 termination or nonrenewal, resignation, or other absence, conviction, or 12 otherwise reported actions or conduct of the certified employee, that may 13 warrant action against the certificate under subsection (1) of this section, and 14 shall forward copies of all relevant documents and records in his or her 15 possession. 16 (c) The Education Professional Standards Board shall provide the superintendent 17 confirmation of receipt of any report submitted by the superintendent within 18 seven (7) business days and shall provide the superintendent with notice of: 19 1. Whether or not board staff determine that there is sufficient evidence in 20 the report that a violation may have occurred; and 21 2. Any board action taken against the certificate holder who is the subject 22 of the report. 23 (d) The Education Professional Standards Board may consider reports and 24 information received from other sources. 25 (e) The certified school employee shall be given a copy of any report provided to 26 the Education Professional Standards Board by the district superintendent or 27 UNOFFICIAL COPY 26 RS BR 804 Page 11 of 14 XXXX 2/27/2026 1:18 PM Jacketed other sources. The employee shall have the right to file a written rebuttal 1 pursuant to subsection (2) of this section to the report which shall be placed in 2 the official file with the report. 3 (4) A finding or action by a school superintendent or tribunal does not create a 4 presumption of a violation or lack of a violation of subsection (1) of this section. 5 (5) The board may issue a written admonishment to the certificate holder if the board 6 determines, based on the evidence, that a violation has occurred that is not of a 7 serious nature. A copy of the written admonishment shall be placed in the official 8 file of the certificate holder. The certificate holder may respond in writing to the 9 admonishment within thirty (30) calendar days of receipt and have that response 10 placed in his or her official certification file. Alternatively, the certificate holder 11 may file a request for a hearing with the board within thirty (30) calendar days of 12 receipt of the admonishment. Upon receipt of a request for a hearing, the board 13 shall set aside the written admonishment and set the matter for hearing pursuant to 14 the provisions of KRS Chapter 13B within thirty (30) calendar days of receipt of the 15 request. 16 (6) (a) In accordance with the timeline specified in this section, the Education 17 Professional Standards Board shall schedule and conduct a hearing in 18 accordance with KRS Chapter 13B: 19 1. Upon determining that a complaint warrants possible revoking, 20 suspending, refusing to renew, imposing probationary or supervisory 21 conditions upon, issuing a written reprimand, or any combination of 22 these actions regarding any certificate; 23 2. After denying an application for a certificate, upon written request filed 24 within thirty (30) calendar days of receipt of the letter advising of the 25 denial; or 26 3. After issuing a written admonishment, upon written request for a 27 UNOFFICIAL COPY 26 RS BR 804 Page 12 of 14 XXXX 2/27/2026 1:18 PM Jacketed hearing filed within thirty (30) calendar days of receipt of the written 1 admonishment. 2 (b) If after the hearing required under paragraph (a) of this subsection is 3 scheduled and the certificate holder or applicant believes the hearing is not 4 timely, the certificate holder or applicant may submit a request for an 5 expedited hearing, and the hearing shall be conducted within sixty (60) 6 calendar days of the request. 7 (c) Upon request, a hearing may be public or private at the discretion of the 8 certified employee or applicant. 9 (d) The hearing shall be conducted before a hearing officer secured by the board 10 pursuant to KRS 13B.030 and the board may: 11 1. Employ hearing officers; 12 2. Contract with another agency for hearing officers; 13 3. Contract with private attorneys through personal service contracts; or 14 4. Secure a hearing officer from the Attorney General's office. 15 (e) The hearing shall afford the certificate holder all the rights secured under KRS 16 Chapter 13B. 17 (7) The Education Professional Standards Board or its chair may take emergency action 18 pursuant to KRS 13B.125. Emergency action shall not affect a certificate holder's 19 contract or tenure rights in the school district. 20 (8) If the Education Professional Standards Board substantiates that sexual contact 21 occurred between a certified employee and a student or minor, the employee's 22 certificate may be revoked or suspended with mandatory treatment of the employee 23 as prescribed by the Education Professional Standards Board. The Education 24 Professional Standards Board may require the employee to pay a specified amount 25 for mental health services for the student or minor which are needed as a result of 26 the sexual contact. 27 UNOFFICIAL COPY 26 RS BR 804 Page 13 of 14 XXXX 2/27/2026 1:18 PM Jacketed (9) At any time during the investigative or hearing processes, the board may enter into 1 an agreed order or accept an assurance of voluntary compliance with the certificate 2 holder. 3 (10) The board may reconsider, modify, or reverse its decision on any disciplinary 4 action. 5 (11) Suspension of a certificate shall be for a specified period of time, not to exceed two 6 (2) years. 7 (a) At the conclusion of the specified period, upon demonstration of compliance 8 with any educational requirements and the terms set forth in the agreed order, 9 the certificate shall be reactivated. 10 (b) A suspended certificate is subject to expiration and termination. 11 (12) Revocation of a certificate is a permanent forfeiture. The board shall establish the 12 minimum period of time before an applicant can apply for a new certificate. 13 (a) At the conclusion of the specified period, and upon demonstration of 14 compliance with any educational requirements and the terms set forth in the 15 agreed order, the applicant shall bear the burden of proof to show that he or 16 she is again fit for practice. 17 (b) The board shall have discretion to impose conditions that it deems reasonably 18 appropriate to ensure the applicant's fitness and the protection of public 19 safety. Any conditions imposed by the board shall address or apply to only 20 that time period after the revocation of the certificate. 21 (13) An appeal from any final order of the Education Professional Standards Board shall 22 be filed in Franklin Circuit Court or the Circuit Court of the county in which the 23 certificate holder was employed when the incident occurred in accordance with 24 KRS Chapter 13B which provides that all final orders of an agency shall be subject 25 to judicial review. 26 (14) (a) The Education Professional Standards Board shall promptly investigate and 27 UNOFFICIAL COPY 26 RS BR 804 Page 14 of 14 XXXX 2/27/2026 1:18 PM Jacketed respond to all complaints against a certificate holder alleging that the 1 certificate holder exhibits easily identifiable behavioral signs or symptoms 2 characteristic of a disorder referenced in subsection (9) of Section 1 of this 3 Act. 4 (b) Upon a determination that sufficient evidence exists to support a finding 5 that the certificate holder may qualify for a diagnosis of a disorder 6 referenced in subsection (9) of Section 1 of this Act, the Education 7 Professional Standards Board shall compel the certificate holder to submit 8 to a medical examination within thirty (30) calendar days as a condition of 9 continued certification. The medical examination shall evaluate whether the 10 certificate holder meets the diagnostic criteria for the applicable disorder as 11 in the Diagnostic and Statistical Manual of Mental Disorders, (Third 12 Edition, Revised), at the time that the Americans with Disabilities Act of 13 1990, 421 U.S.C. sec. 12101 et. seq., was passed. If the certificate holder 14 meets the diagnostic criteria, a diagnosis shall be issued. 15 (c) The certificate holder shall provide all medical findings relevant to this 16 subsection, including determination of a potential diagnosis of a disorder 17 referenced in subsection (9) of Section 1 of this Act, to the Educational 18 Professional Standards Board within three (3) business days of the medical 19 examination. 20