2021 Kentucky Revised Statutes Chapter 158 - Conduct of schools -- special programs 158.4415 Kentucky State Police school resource officer (KSPSRO), specifications for employment as a school resource office 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.
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158.4415
Kentucky State Police school resource officer (KSPSRO),
specifications for employment as a school resource office 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)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
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;
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;
A provision stipulating that the school district shall be responsible for
worker's compensation coverage for the KSPSRO; and
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 KSPSRO shall promote the safety and security of students and school
personnel during school activities and on school property.
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.
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)
(3)
(4)
(5)
(6)
A KSPSRO shall not administer formal school discipline such as
detentions, suspensions, or expulsions. These decisions are the sole
responsibility of school personnel.
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.
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.
Nothing in this section shall be construed to require the Department of
Kentucky State Police to assign or provide funding for KSPSROs.
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.
Effective:April 9, 2019
History: Created 2019 Ky. Acts ch. 197, sec. 2, effective April 9, 2019.
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