Text of KY SB 93 (2024)

UNOFFICIAL COPY 24 RS BR 1177 Page 1 of 10 XXXX 1/8/2024 2:28 PM Jacketed AN ACT relating to education. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 161.164 is amended to read as follows: 3 (1) No employee of the local school district shall take part in the management or 4 activities of any political campaign for school board. 5 (2) No candidate for school board shall solicit or accept any political assessment, 6 subscription, contribution, or service of any employee of the school district. 7 (3) No person shall use or promise to use, directly or indirectly, any official authority 8 or influence, whether possessed or anticipated, to secure or attempt to secure for 9 any person an appointment or advantage in appointment to a position as teacher or 10 employee of any district board of education, or an increase in pay or other 11 advantage in employment in any such position, for the purpose of influencing the 12 vote or political action of any person. 13 (4) No teacher or employee of any district board of education shall be appointed or 14 promoted to, or demoted or dismissed from, any position or in any way favored or 15 discriminated against with respect to employment because of his or her political or 16 religious opinions or affiliations or ethnic origin or race or color or sex or age or 17 disabling condition. 18 (5) Any instruction or instructional materials on current, controversial topics related to 19 public policy or social affairs provided to public school or public charter school 20 students, regardless of whether the individual that provides the instruction is 21 employed by the local school district or public charter school, shall be: 22 (a) Within the range of knowledge, understanding, age, and maturity of the 23 students receiving the instruction; and 24 (b) Relevant, objective, nondiscriminatory, and respectful to the differing 25 perspectives of students. 26 (6) An employee of a local[public] school district or public charter school shall not 27 UNOFFICIAL COPY 24 RS BR 1177 Page 2 of 10 XXXX 1/8/2024 2:28 PM Jacketed violate a student's First Amendment rights by requiring or incentivizing a student to 1 advocate in a civic space on behalf of a perspective with which the student or the 2 parent or guardian of a minor student does not agree. 3 (7) An employee of a local school district or public charter school shall not be required 4 to engage in training, orientation, or therapy that coerces the employee to stereotype 5 any group. 6 (8) A local school district or public charter school shall not require any statement, 7 pledge, or oath, other than to uphold general and federal law, the United States 8 Constitution, and the Constitution of Kentucky, as a part of any recruitment, 9 hiring, employment, promotion, disciplinary, or evaluation process. 10 (9) The local superintendent shall inform all school employees of the provisions of this 11 section. 12 SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 13 READ AS FOLLOWS: 14 (1) As used in this section, unless the context requires otherwise: 15 (a) "Diversity, equity, inclusion, and belonging" means any program, activity, 16 instruction, or policy that classifies individuals on the basis of race, color, 17 sex, national origin, gender identity, or sexual orientation and promotes 18 differential or preferential treatment of individuals on the basis of such 19 classification; 20 (b) "Political or social activism": 21 1. Means any activity organized with a purpose of effecting or preventing 22 change to a government policy, action, or function, or any activity 23 intended to achieve a desired result related to social issues, where a 24 local school district, public school, public charter school, or school 25 district or public charter school employee acting in an official capacity 26 endorses or promotes a position in communications, advertisements, 27 UNOFFICIAL COPY 24 RS BR 1177 Page 3 of 10 XXXX 1/8/2024 2:28 PM Jacketed or programs; and 1 2. Does not include: 2 a. Authorized government relations, lobbying activities, and parent 3 and community engagement activities concerning matters that 4 directly affect the district's or school's operations; or 5 b. Endorsement or promotion of a position that encourages 6 compliance with state or federal law; and 7 (c) "Social issues" means topics that polarize or divide society among political, 8 ideological, moral, or religious beliefs. 9 (2) Except as provided in subsection (4) of this section and notwithstanding any 10 other law to the contrary, a local school district or public charter school shall not 11 expend any resources or funds, regardless of source, to: 12 (a) Purchase membership in, or goods and services from, any organization that 13 discriminates on the basis of race, color, national origin, sex, disability, or 14 religion; or 15 (b) Promote, support, or maintain any programs, trainings, or activities that 16 advocate for diversity, equity, inclusion, and belonging or promote or 17 engage in political or social activism. 18 (3) (a) Except as provided in subsection (4) of this section and notwithstanding any 19 other law to the contrary, a school district, public school, or public charter school 20 shall not advocate for diversity, equity, inclusion, and belonging. 21 (b) A school district, public school, or public charter school advocates for 22 diversity, equity, inclusion, and belonging in violation of paragraph (a) of 23 this subsection when it engages in a program, policy, or activity that: 24 1. Advantages or disadvantages, or attempts to advantage or 25 disadvantage, an individual or group on the basis of race, color, sex, 26 national origin, gender identity, or sexual orientation to equalize or 27 UNOFFICIAL COPY 24 RS BR 1177 Page 4 of 10 XXXX 1/8/2024 2:28 PM Jacketed increase outcomes, participation, or representation as compared to 1 other individuals or groups; or 2 2. Promotes the position that a group or an individual’s action is 3 inherently, unconsciously, or implicitly biased on the basis of race, 4 color, sex, national origin, gender identity, or sexual orientation. 5 (4) Subsections (2) and (3) of this section do not prohibit programs, school activities, 6 or functions required for compliance with state or federal laws or regulations, 7 including but not limited to the Every Student Succeeds Act of 2015, Pub. L. No. 8 114-95. 9 (5) The Kentucky Department of Education shall promulgate administrative 10 regulations in accordance with KRS Chapter 13A necessary to implement this 11 section. 12 Section 3. KRS 158.4416 is amended to read as follows: 13 (1) For purposes of this section: 14 (a) "School counselor" means an individual who holds a valid school counselor 15 certificate issued in accordance with the administrative regulations of the 16 Education Professional Standards Board; and 17 (b) "School-based mental health services provider" means a licensed or certified school 18 counselor, school psychologist, school social worker, or other qualified 19 mental health professional as defined in KRS 202A.011[; and 20 (c) "Trauma-informed approach" means incorporating principles of trauma awareness 21 and trauma-informed practices, as recommended by the federal Substance 22 Abuse and Mental Health Services Administration, in a school in order to 23 foster a safe, stable, and understanding learning environment for all students 24 and staff and ensuring that all students are known well by at least one (1) 25 adult in the school setting. 26 (2) The General Assembly recognizes that all schools must provide a place for students 27 UNOFFICIAL COPY 24 RS BR 1177 Page 5 of 10 XXXX 1/8/2024 2:28 PM Jacketed to feel safe and supported to learn throughout the school day, and that any 1 trauma a student may have experienced can have a significant impact on the 2 ability of a student to learn. The General Assembly directs all public schools 3 to adopt a trauma-informed approach to education in order to better recognize, 4 understand, and address the learning needs of students impacted by trauma 5 and to foster a learning environment where all students, including those who 6 have been traumatized, can be safe, successful, and known well by at least one 7 (1) adult in the school setting]. 8 (2)[(3)] (a) [Beginning July 1, 2021, or ]As funds and qualified personnel become 9 available: 10 1. Each school district and each public charter school shall employ at least 11 one (1) school counselor in each school with the goal of the school 12 counselor spending sixty percent (60%) or more of his or her time 13 providing counseling and related services directly to students; and 14 2. It shall be the goal that each school district and each public charter 15 school shall provide at least one (1) school counselor or school-based 16 mental health services provider who is employed by the school district 17 for every two hundred fifty (250) students, including but not limited to 18 the school counselor required in subparagraph 1. of this paragraph. 19 (b) [A school counselor or school-based mental health services provider at each 20 school shall facilitate the creation of a trauma-informed team to identify and 21 assist students whose learning, behavior, and relationships have been 22 impacted by trauma. The trauma-informed team may consist of school 23 administrators, school counselors, school-based mental health services 24 providers, family resource and youth services coordinators, school nurses, and 25 any other school or district personnel. 26 (c) Each school counselor or school-based mental health services provider 27 UNOFFICIAL COPY 24 RS BR 1177 Page 6 of 10 XXXX 1/8/2024 2:28 PM Jacketed providing services pursuant to this section, and the trauma-informed team 1 members described in paragraph (b) of this subsection, shall provide training, 2 guidance, and assistance to other administrators, teachers, and staff on: 3 1. Recognizing symptoms of trauma in students; 4 2. Utilizing interventions and strategies to support the learning needs of 5 those students; and 6 3. Implementing a plan for a trauma-informed approach as described in 7 subsection (5) of this section. 8 (d) 1. School districts may employ or contract for the services of school-based 9 mental health services providers to assist with the development and 10 implementation of a trauma-informed approach and the development of a 11 trauma-informed team pursuant to this subsection and to enhance or expand 12 student mental health support services as funds and qualified personnel 13 become available. 14 2. ]School-based mental health services providers may provide services through 15 a collaboration between two (2) or more school districts or between school 16 districts and educational cooperatives or any other public or private entities, 17 including but not limited to local or regional mental health day treatment 18 programs. 19 (c)[(e)] No later than November 1 of[, 2022, and] each [subsequent ]year, the 20 local school district superintendent shall report to the department the number 21 of school-based mental health service providers, the position held, placement 22 in the district, certification or licensure held, the source of funding for each 23 position, a summary of the job duties and work undertaken by each school- 24 based mental health service provider, and the approximate percent of time 25 devoted to each duty over the course of the year. 26 (d)[(f)] The department shall annually compile and maintain a list of school- 27 UNOFFICIAL COPY 24 RS BR 1177 Page 7 of 10 XXXX 1/8/2024 2:28 PM Jacketed based mental health service providers by district which shall include the 1 information required in paragraph (c)[(e)] of this subsection. 2 (e)[(g)] No later than June 1 of[, 2023, and] each [subsequent ]year, the 3 department shall provide the Interim Joint Committee on Education with the 4 information reported by local school district superintendents and compiled in 5 accordance with paragraph (d)[(f)] of this subsection. 6 [(4) On or before July 1, 2020, the Department of Education shall make available a 7 toolkit that includes guidance, strategies, behavioral interventions, practices, and 8 techniques to assist school districts and public charter schools in developing a 9 trauma-informed approach in schools. 10 (5) On or before July 1, 2021, each local board of education and board of a public 11 charter school shall develop a plan for implementing a trauma-informed approach 12 in its schools. The plan shall include but not be limited to strategies for: 13 (a) Enhancing trauma awareness throughout the school community; 14 (b) Conducting an assessment of the school climate, including but not limited to 15 inclusiveness and respect for diversity; 16 (c) Developing trauma-informed discipline policies; 17 (d) Collaborating with the Department of Kentucky State Police, the local sheriff, 18 and the local chief of police to create procedures for notification of trauma- 19 exposed students; and 20 (e) Providing services and programs designed to reduce the negative impact of 21 trauma, support critical learning, and foster a positive and safe school 22 environment for every student.] 23 Section 4. KRS 158.4414 is amended to read as follows: 24 (1) Local boards of education, school district superintendents, administrators of state- 25 controlled facilities, and local and state law enforcement agencies shall cooperate to 26 assign[, by August 1, 2022,] one (1) or more certified school resource officers to 27 UNOFFICIAL COPY 24 RS BR 1177 Page 8 of 10 XXXX 1/8/2024 2:28 PM Jacketed serve each campus where one (1) or more school buildings are used to deliver 1 instruction to students on a continuous basis. 2 (2) Local boards of education shall ensure, for each campus in the district, that at least 3 one (1) certified school resource officer is assigned to and working on-site full-time 4 in the school building or buildings on the campus. If sufficient funds and qualified 5 personnel are not available for this purpose for every campus, the local board of 6 education shall fulfill the requirements of this subsection on a per campus basis, as 7 approved in writing by the state school security marshal, until a certified school 8 resource officer is assigned to and working on-site full-time on each campus in the 9 district. 10 (3) Local boards of education utilizing a school resource officer employed by a law 11 enforcement agency or the Department of Kentucky State Police shall enter into a 12 memorandum of understanding with the law enforcement agency or the Department 13 of Kentucky State Police that specifically states the purpose of the school resource 14 officer program and clearly defines the roles and expectations of each party 15 involved in the program. The memorandum shall provide that the school resource 16 officer shall not be responsible for school discipline matters that are the 17 responsibility of school administrators or school employees. 18 (4) Local boards of education utilizing a school resource officer employed directly by 19 the local board of education shall adopt policies and procedures that specifically 20 state the purpose of the school resource officer program and clearly define the roles 21 and expectations of school resource officers and other school employees. 22 (5) In accordance with KRS 61.926, 527.020, and 527.070, as applicable, each school 23 resource officer shall be armed with a firearm, notwithstanding any provision of 24 local board policy, local school council policy, or memorandum of agreement. 25 (6) [On or before January 1, 2020, ]The Kentucky Law Enforcement Council, in 26 collaboration with the Center for School Safety, shall promulgate administrative 27 UNOFFICIAL COPY 24 RS BR 1177 Page 9 of 10 XXXX 1/8/2024 2:28 PM Jacketed regulations in accordance with KRS Chapter 13A to establish three (3) levels of 1 training for certification of school resource officers first employed as a school 2 resource officer on or after March 11, 2019: School Resource Officer Training I 3 (SRO I), School Resource Officer Training II (SRO II), and School Resource 4 Officer Training III (SRO III). Each level shall consist of forty (40) hours of 5 training, with SRO I to be completed within one (1) year of the date of the officer's 6 employment and SRO II and SRO III within the subsequent two (2) years. 7 (7) Course curriculum for school resource officers employed on or after March 11, 8 2019, shall include but not be limited to: 9 (a) Foundations of school-based law enforcement; 10 (b) Threat assessment and response; 11 (c) Youth drug use and abuse; 12 (d) Social media and cyber security; 13 (e) School resource officers as teachers and mentors; 14 (f) Youth mental health awareness; 15 (g)[ Diversity and bias awareness training; 16 (h) Trauma-informed action; 17 (i)] Understanding students with special needs; and 18 (h)[(j)] De-escalation strategies. 19 (8) [Effective January 1, 2020, ]All school resource officers with active school resource 20 officer certification status shall successfully complete forty (40) hours of annual in- 21 service training that has been certified or recognized by the Kentucky Law 22 Enforcement Council for school resource officers. 23 (9) In the event of extenuating circumstances beyond the control of an officer that 24 prevent the officer from completing the in-service training within one (1) year, the 25 commissioner of the Department of Criminal Justice Training or a designee may 26 grant the officer an extension of time, not to exceed one hundred eighty (180) days, 27 UNOFFICIAL COPY 24 RS BR 1177 Page 10 of 10 XXXX 1/8/2024 2:28 PM Jacketed in which to complete the training. 1 (10) Any school resource officer who fails to successfully complete training 2 requirements within the specified time periods, including any approved time 3 extensions, shall lose his or her school resource officer certification and shall no 4 longer serve in the capacity of a school resource officer in a school. 5 (11) When a school resource officer is deficient in required training, the commissioner 6 of the Department of Criminal Justice Training or his or her designee shall notify 7 the council, which shall notify the officer and the officer's employing agency. 8 (12) A school resource officer who has lost school resource officer certification due 9 solely to the officer's failure to meet the training requirements of this section may 10 regain certification status as a school resource officer and may resume service in the 11 capacity of a school resource officer in a school setting upon successful completion 12 of the training deficiency. 13 (13) No later than November 1 of each year, the local school district superintendent shall 14 report to the Center for School Safety the number and placement of school resource 15 officers in the district. The report shall include the source of funding and method of 16 employment for each position. 17 (14) Nothing in this section shall be interpreted or construed to require a local 18 government or any of its agencies or offices to fund the school resource officer 19 positions required of local boards of education under this section. For purposes of 20 this subsection, "local government" has the same meaning as in KRS 65.8840. 21 (15) Nothing in this section shall prevent a private or parochial school from entering into 22 a memorandum of understanding with a local law enforcement agency or the 23 Department of Kentucky State Police to provide school resource officers employed 24 by the local law enforcement agency or the Department of Kentucky State Police. 25