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Guns & Public Safety Introduced Kentucky · 2025RS
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HB 36

AN ACT relating to misconduct in schools and school-sponsored activities.

In Plain Language

This bill prohibits schools from using nondisclosure agreements to hide misconduct involving students and requires schools to share information about employee misconduct investigations with each other. Schools must conduct background checks and reference checks on all job applicants, ask applicants about any past disciplinary actions, and keep records of misconduct allegations in employee files. Schools must also report and investigate all allegations of misconduct involving students, and employees must complete training on sexual misconduct every five years.

Official summary

Create a new section of KRS Chapter 160 to prohibit a public school district or public charter school from entering into a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any investigations or disciplinary actions in the previous 12 months relating to abusive conduct and consent to a reference check; require school districts to conduct reference checks; require nonpublic schools and public school districts to disclose any investigations or disciplinary actions related to abusive conduct of applicants; provide immunity for disclosures made about school employee conduct; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board (ESPB); require schools and EPSB to provide the records; require requests for information to be satisfied in 10 working days; require EPSB to create and implement procedures for information requests; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file unless the allegation is proven false; provide that that certain requirements apply to public charter schools; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; make technical corrections; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to submit to a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every five years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a certified nonpublic school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; make technical corrections; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct and inappropriate relationships for employees to undergo every five years; make technical corrections; amend KRS 161.151 to conform; require that an allegation of abusive conduct be reported pursuant to KRS 620.030; amend KRS 158.4431 and 156.492 to make conforming changes.

Sponsor

—

Cosponsors

None listed

Latest action

to Primary and Secondary Education (H)

Feb 4, 2025

Official source

View on OpenStates ↗

Action history

Feb 4, 2025 to Primary and Secondary Education (H)

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