HB 36: AN ACT relating to misconduct in schools and school-sponsored activities.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. February 4, 2025to Primary and Secondary Education (H)
2. January 7, 2025to Committee on Committees (H)
3. January 7, 2025introduced in House