KRS § 158.4415 — KY Code / Title XIII / Chapter 158 / Section 158.4415
158.4415 Kentucky State Police school resource officer (KSPSRO), specifications 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
Status: in_force

158.4415 Kentucky State Police school resource officer (KSPSRO), specifications

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.

(2) (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.