KRS § 158.4431 — KY Code / Title XIII / Chapter 158 / Section 158.4431
158.4431 Employment of Kentucky guardians by local boards of education -- Qualifications -- Contents of required policies -- Civil and criminal immunity
Status: in_force

158.4431 Employment of Kentucky guardians by local boards of education --

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.