158.4415 Kentucky State Police school resource officer (KSPSRO), specifications
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/ky/158-4415A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
for employment as a school resource officer by a school district -- When officer
considered an employee of the school district and when an employee of the
Kentucky State Police -- Duties and prohibited activities -- Funding of position
-- Rights, privileges, immunities, and matters of defense protected.
(1)A KSPSRO shall possess sworn law enforcement authority and shall be trained in
school-based policing and crisis response including all training required of school
resource officers. If a school district decides to utilize a KSPSRO, the school
district and the officer shall first enter into a memorandum of understanding that
clarifies the purpose of the KSPSRO program and the roles and expectations of the
participating entities. Any contract entered into pursuant to this subsection shall
include:
(a)A provision specifying that the KSPSRO shall follow the policies and
procedures of the Department of Kentucky State Police and shall abide by
federal, state, and local laws. The responsibility and decision to arrest or take
other police action lies solely with the KSPSRO, respective to state law and
the KSPSRO's departmental standard operating procedures or standing order.
The KSPSRO's continual collaboration with school personnel and his or her
understanding of each student's needs may impact the decision to arrest or
take other police action, but the responsibility is that of the KSPSRO;
(b)A provision stipulating that the KSPSRO shall be an employee of the school
district, but shall revert to Department of Kentucky State Police employee
status during such time that the KSPSRO takes police action pursuant to state
or federal law. The KSPSRO shall be under the immediate supervision and
direction of the Department of Kentucky State Police when taking police
action;
(c)A provision stipulating that the school district shall be responsible for
worker's compensation coverage for the KSPSRO; and
(d)A provision detailing how liability coverage will be provided for any acts or
omissions of the KSPSRO within the scope of his or her duties.
(a)A KSPSRO shall promote the safety and security of students and school
personnel during school activities and on school property.
(b)A KSPSRO may assist with supportive activities and programs, including but
not limited to:
1. Planning and implementing procedures that train and drill all school
personnel to respond to crisis events, control access to the school
property during the school day, and close or partially close the school
property after students arrive;
2. Identifying risk and protective factors of students; and
3. Coordinating nurturing intervention and prevention efforts.
(c)A KSPSRO shall not address school discipline issues that do not constitute
crimes or that do not impact the immediate health or safety of the students or
school personnel.
(d)A KSPSRO shall not administer formal school discipline such as detentions,
suspensions, or expulsions. These decisions are the sole responsibility of
school personnel.
(3)Notwithstanding KRS Chapter 11A, the KSPSRO shall wear the uniform and utilize
the vehicles, firearms, ammunition, and equipment issued to him or her by the
Department of Kentucky State Police or other agency-authorized clothing or
equipment. In the event additional weapons or gear is utilized than that which is
carried on his or her person, the storage of these items shall be defined by the
Department of Kentucky State Police. If a vehicle or equipment is damaged during
the scope of a KSPSRO's secondary employment with the school district, but not
while the KSPSRO is engaged in police action, the school district is responsible for
restitution to the Department of Kentucky State Police.
(4)Notwithstanding subsection
(2)of this section, a KSPSRO shall be deemed an
employee of the Department of Kentucky State Police for all purposes whenever
engaged in any police action, including arrests, searches and seizures, uses of force,
issuing citations, serving warrants, pursuing suspects, or investigating criminal
offenses or vehicle accidents.
(5)Nothing in this section shall be construed to require the Department of Kentucky
State Police to assign or provide funding for KSPSROs.
(6)Nothing in this section shall be deemed to waive or otherwise limit the rights,
privileges, immunities, and matters of defense, now available or hereafter made
available, to school districts, the Department of Kentucky State Police, any local
law enforcement agency, any KSPSRO, or any school resource officer in any suit
brought against them in consequence of acts or omissions.