158.4431 Employment of Kentucky guardians by local boards of education --
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/ky/158-4431A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Qualifications -- Contents of required policies -- Civil and criminal immunity.
(1)As used in this section, a "Kentucky guardian" or "guardian" means an employee of
a local board of education who is employed for the purpose of providing school
safety and security to students and staff on a school site. A person providing
services as a guardian may only include honorably discharged veterans, retired
Kentucky state troopers, retired special and sworn law enforcement officers, and
former federal law enforcement officers. A guardian certified by the Center for
School Safety as having met all requirements of this section is deemed to be an
authorized individual under KRS 527.070(3)(f) and may be armed with a firearm on
school property.
(2)Local boards of education may employ as many guardians as the board considers
necessary for the safety and security of its schools.
(3)Prior to hiring a guardian, the local board of education shall require the applicant to
provide certification from the Center for School Safety that he or she meets all of
the following minimum requirements:
(a)Is a citizen of the United States and the Commonwealth of Kentucky;
(b)Has received a high school diploma or a High School Equivalency Diploma;
(c)Is currently licensed under KRS 237.110 to carry a concealed weapon;
(d)Has completed and passed background checks as required pursuant to KRS
160.380(6)(a), and has not been convicted of any felony, any misdemeanor
under KRS 510.120, 510.130, 510.140, or 510.148, or a criminal attempt,
conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy,
sexual abuse, or sexual misconduct under KRS Chapter 510, or have had any
offense listed in this paragraph expunged;
(e)Has passed a medical examination completed by a licensed physician,
physician assistant, or advanced practice registered nurse to determine if he or
she can perform the duties of a guardian;
(f)Has passed a drug screening test administered or approved by the Kentucky
Law Enforcement Council. A person shall be deemed to have passed a drug
screening test if the results of the test are negative for the use of an illegal
controlled substance or prescription drug abuse;
(g)Has passed the following examinations administered by the Kentucky Law
Enforcement Council:
1. A background investigation to determine the person's suitability for the
position of guardian;
2. A psychological suitability screening to determine the person's
suitability to perform guardian duties; and
3. A polygraph examination to determine the person's suitability to
perform guardian duties;
(h)Has passed the following courses provided by the Department of Criminal
Justice Training:
1. Active Shooter Response;
2. Enhanced Handgun Performance; and
3. Patrol Rifle;
(i)Has passed the marksmanship qualification requirement for a retired peace
officer as specified in KRS 237.140;
(j)Has been honorably discharged from the Armed Forces of the United States
within the five
(5)years immediately preceding an initial contract to be a
guardian as evidenced by a Department of Defense form DD 214, or is a
retired Kentucky state trooper, retired special or sworn law enforcement
officer, or former federal law enforcement officer. Each agency that employed
a retired Kentucky state trooper, retired special law enforcement officer, or
sworn law enforcement officer shall provide to the retired individual proof of
prior employment in a prompt and efficient manner, without charge to the
individual; and
(k)Has met any other requirements imposed by the local board of education,
which may include but are not limited to a preemployment written
examination.
(4)Each guardian shall be required to complete annual firearm proficiency testing and
shall meet the standard in the same manner as set forth in KRS 237.140(4)(a) to (c).
(5)Each guardian shall be required to complete the course requirements for School
Resource Officer Training I (SRO I) as set forth in KRS 158.4414(8).
(6)The employing local board of education may require the completion of any
additional courses and training as determined to be necessary by the board.
(7)Any cost associated with subsections
(3)to
(6)of this section shall be the
responsibility of the guardian unless otherwise agreed to by the employing local
board of education. The Kentucky Law Enforcement Council shall not charge more
to guardians for tests, assessments, or training completed than what is customarily
charged to any other type of applicant tested, assessed, or trained by the council.
(8)A local board of education employing a guardian shall collaborate with the local
police department, local sheriff, area post of the Department of Kentucky State
Police, and the state school security marshal in order to adopt school district policy
regarding:
(a)The job description of the guardian, including but not limited to the scope of
duties, responsibilities, and direct supervisor of the guardian;
(b)The uniform to be worn by guardians that would best suit the needs of the
schools while also allowing outside agencies to easily identify guardians;
(c)The procedures, processes, and chain of command to be used during an
emergency in which law enforcement agencies are called to the school; and
(d)The type of firearm and ammunition to be used by the guardian, if any.
(9)A local board of education shall be immune from civil or criminal liability in all
claims arising out of any action of a guardian.
(10)Guardians shall possess all the immunities and defenses now available or hereafter
made available under state law to sheriffs, constables granted peace officer powers,
and police officers in any suit brought against them in consequence of acts done in
the course of their employment.
(11)Nothing in this section requires a local board of education to hire or provide
guardians. Participation by a local board of education in the use of a guardian is
voluntary and subject to the availability of local school district funds. Any local
board of education that opts to participate shall do so at its own expense.