RELATES TO: KRS 161.212
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 and 156.070
require the Kentucky Board of Education to promulgate administrative
regulations concerning the management of the school districts. KRS 160.105
requires the Kentucky Board of Education to promulgate administrative
regulations to require school districts to provide each certified employee with
primary liability insurance coverage. KRS 161.212 requires the Kentucky Board
of Education to promulgate administrative regulations to implement requirements
for the Educators Employment Liability Insurance Program.
Section 1. School District Certified Employee
Liability Insurance. Beginning with the 2024-2025 school year, each school
district shall provide each certified district employee with primary liability
insurance coverage in an amount not less than $1 million for the protection of
the employee from liability arising in the course and scope of pursuing the
duties of his or her employment.
Section
2. Educators Employment Liability Insurance Program.
(1) By October 1 of each year, and in the
format determined by the department, each school district shall provide the
Kentucky Department of Education with:
(a) The
name of the district's insurance carrier providing primary liability insurance
coverage for each certified employee for liability arising in the course and
scope of employment;
(b)
Verification that the amount of liability coverage provided to each certified
employee is at least equal to $1 million;
(c) The number of covered certified employees
under the district's primary liability insurance policy;
(d) Any change in coverage from the previous
reporting year; and
(e) If the
district has excess liability insurance to the primary liability insurance for
certified employees, the name of the carrier and the amount of excess
coverage.
(2) The school
district shall immediately notify the Kentucky Department of Education if the
district's primary liability insurance policy that provides coverage to
certified employees is cancelled during the policy term.
(3) If the school district's primary
liability insurance policy that provides coverage to certified employees is
canceled during the policy term, the district shall procure alternative
liability insurance coverage for each certified employee and shall notify the
Kentucky Department of Education of the terms of the replacement liability
insurance, including the name of the carrier, the amount of coverage, and the
number of certified employees covered under the policy.
