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Form a Business

VOCATIONAL EDUCATION AND REHABILITATION

KRS tit. XIII, ch. 163
in effect

KRS 163.010 Repealed, 1956

163.010. Repealed, 1956 Catchline at repeal: Definitions. History: Repealed 1956 Ky. Acts ch. 165, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4526-5.

KRS 163.032 Salary schedule for teachers and administrators in schools for deaf and blind -- Employment status and benefits -- Hiring process -- Work location assignments -- Accrued leave

163.032. Salary schedule for teachers and administrators in schools for deaf and blind -- Employment status and benefits -- Hiring process -- Work location assignments -- Accrued leave (1) The Kentucky Department of Education, with assistance from the Ke ntucky Personnel Cabinet, shall adopt a salary schedule for teachers in the Kentucky School for the Deaf and the Kentucky School for the Blind. The salary schedule shall be the same as salary schedules in effect in local school districts in counties containing a city of the first class and shall conform to the requirements for a single salary schedule as defined in KRS 157.320, except the salary schedule shall not limit the number of years of experience for a certified employee who transfers to the school. (2) (a) Certified teachers in the Kentucky School for the Deaf and the Kentucky School for the Blind shall have the same statutory employment status and benefits as certified teachers in the public schools. (b) If a teacher qualifies for and requests a tri bunal under KRS 161.790, the Attorney General shall appoint the members. (3) Once a teacher has been selected for hiring at the Kentucky School for the Blind or the Kentucky School for the Deaf, the Department of Education and the Personnel Cabinet shall complete the hiring process within two (2) weeks. (4) A certified teacher employed at one (1) of the schools on July 12, 2006, whose job description does not include outreach responsibilities shall not be involuntarily assigned to work on a permanent basis outside the county in which the employing school is located. (5) Nothing in KRS 18A.115 or 163.032 shall result in a loss of any leave accrued by a certified teacher employed prior to July 12, 2006, by one (1) of the schools. Accrued leave may be taken in accordance with the policy of the school. (6) The Kentucky Department of Education, with assistance from the Kentucky Personnel Cabinet, shall adopt a salary schedule for administrators for the Kentucky School for the Deaf and the Kentucky School for the B lind. In considering the rate of pay and the requirements of KRS 18A.110(7)(b), the department and the cabinet shall consider rates that are based upon the duties and responsibilities of the positions and that are competitive with rates for similar or comp arable services in Kentucky school districts. The salary schedule, which shall be computed prior to September 1 of each year, shall be based on two hundred sixty (260) days per year. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 103, sec. 1, effective June 8, 2011. -- Amended 2006 Ky. Acts ch. 208, sec. 2, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 154, sec. 80, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 233, sec. 1, effective July 13, 1990; ch. 470, sec. 55, effective July 1, 1990; and ch. 476, Pt. IV, sec. 263, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 361, sec. 16, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 219, sec. 1, effective July 15, 1986. -- Created 1980 Ky. Acts ch. 277, sec. 1, effective July 15, 1980. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. IV, 2 at 2165. Legislative Research Commission Note (7/13/90). This section was amended by three 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250.

KRS 163.035 Repealed, 1956

163.035. Repealed, 1956 Catchline at repeal: Business enterprises program for the blind. History: Repealed 1956 Ky. Acts ch. 165, sec. 1; and ch. 172, sec. 9. -- Created 1948 Ky. Acts ch. 56, sec. 1.

KRS 163.036 Repealed, 1976

163.036. Repealed, 1976 Catchline at repeal: Kentucky industries for blind established. History: Repealed 1976 Ky. Acts ch. 377, sec. 6. -- Amended 1966 Ky. Acts ch. 255, sec. 153. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art II, secs. 4 and 5.

KRS 163.038 Repealed, 1994

163.038. Repealed, 1994 Catchline at repeal: Computer Services for the Blind Corporation. History: Repealed 1994 Ky. Acts ch. 363, sec. 11, effective July 15, 1994. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 592, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 384, sec. 569, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 76, sec. 1. Legislative Research Commission Note (7/15/94). Under KRS 446.260, the repeal of this section in 1994 Ky. Acts ch. 363 prevails over its amendment in 1994 Ky. Acts chs. 209 and 469.

KRS 163.040 Repealed, 1978

163.040. Repealed, 1978 Catchline at repeal: Acceptance and expenditure of appropriations and other funds. History: Repealed 1978 Ky. Acts ch. 155, sec. 165, effective June 17, 1978. -- Amended 1956 Ky. Acts ch. 165, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4526-3.

KRS 163.050 Repealed, 1978

163.050. Repealed, 1978 Catchline at repeal: Personnel -- Traveling expenses -- Rules and regulations. History: Repealed 1978 Ky. Acts ch. 155, sec. 165, effective June 17, 1978. -- Amended 1956 Ky. Acts ch. 165, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4526-4.

KRS 163.060 Repealed, 1956

163.060. Repealed, 1956 Catchline at repeal: Residence requirement for eligibility for rehabilitation. History: Repealed 1956 Ky. Acts ch. 165, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4526-6.

KRS 163.080 Repealed, 1956

163.080. Repealed, 1956 Catchline at repeal: Donations may be received. History: Repealed 1956 Ky. Acts ch. 165, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4526-8.

KRS 163.086 Repealed, 2000

163.086. Repealed, 2000 Catchline at repeal: Governor's Council on Vocational Education. History: Repealed 2000 Ky. Acts ch. 156, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 118, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 30, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 373, sec. 9, effective July 13, 1990; ch. 470, sec. 56, effective July 1, 1990; and ch. 476, Pt. IV, sec. 266, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 24, sec. 1, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 295, sec. 42, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 154, sec. 42, effective June 17, 1978; and ch. 155, sec. 83, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 327, sec. 6.

KRS 163.090 Repealed, 1976

163.090. Repealed, 1976 Catchline at repeal: Mayo State Vocational School. History: Repealed 1976 Ky. Acts ch. 327, sec. 8. -- Amended 1966 Ky. Acts ch. 184, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4526-10, 4526-11.

KRS 163.095 Application of bequests or donations

163.095. Application of bequests or donations All bequests or donations made for a specified use with regard to the state vocational education program, vocational education facilities, vocational education personnel, or present or prospective vocational education pupils shall be applied to that use and no other so long as it is consistent with appropriate Kentucky Revised Statutes and the state plan for vocational education. Effective: July 13, 1990 History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 593, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 327, sec. 7.

KRS 163.098 Establishment of base salaries for principals

163.098. Establishment of base salaries for principals The principal of an area vocational education center or state vocational technical school shall be paid a base monthly salary, which is at least equal to the highest paid teacher supervised by the principal, when the education and experience of the principal is equal to or greater than that of the supervised employee. Effective: July 13, 1990 History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 594, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 267, sec. 1, effective July 15, 1988.

KRS 163.100 Repealed, 1976

163.100. Repealed, 1976 Catchline at repeal: Northern Kentucky State Vocational School. History: Repealed 1976 Ky. Acts ch. 327, sec. 8. -- Created 1944 Ky. Acts ch. 75, sec. 1.

KRS 163.150 Repealed, 1976

163.150. Repealed, 1976 Catchline at repeal: Business enterprise program for the blind. History: Repealed 1976 Ky. Acts ch. 377, sec. 6. -- Amended 1962 Ky. Acts ch. 60, sec. 1. -- Amended 1958 Ky. Acts ch. 12, sec. 3. -- Created 1956 Ky. Acts ch. 172, sec. 5.

KRS 163.170 Repealed, reenacted, and amended as KRS 151B.205, effective July 1, 1990

KRS 163.180 Repealed, reenacted, and amended as KRS 151B.210, effective July 1, 1990

KRS 163.220 Repealed, 1976

163.220. Repealed, 1976 Catchline at repeal: Division of services for the blind. History: Repealed 1976 Ky. Acts ch. 377, sec. 6. -- Created 1958 Ky. Acts ch. 12, sec. 1, effective June 19, 1958.

KRS 163.230 Repealed, 1976

163.230. Repealed, 1976 Catchline at repeal: Advisory committee for division of services for the blind. History: Repealed 1976 Ky. Acts ch. 377, sec. 6. -- Created 1958 Ky. Acts ch. 12, sec. 2, effective June 19, 1958.

KRS 163.240 Repealed, 1976

163.240. Repealed, 1976 Catchline at repeal: Budget and appropriations for vocational rehabilitation services for the blind. History: Repealed 1976 Ky. Acts ch. 377, sec. 6. -- Created 1958 Ky. Acts ch. 12, sec. 4, effective June 19, 1958.

KRS 163.310 Repealed, 1976

163.310. Repealed, 1976 Catchline at repeal: Title and intent of KRS 163.310 to 163.390. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, secs. 1, 2.

KRS 163.320 Repealed, 1976

163.320. Repealed, 1976 Catchline at repeal: Definitions. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, sec. 3.

KRS 163.330 Repealed, 1976

163.330. Repealed, 1976 Catchline at repeal: Agent's permit. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Amended 1974 Ky. Acts ch. 315, sec. 18. -- Created 1972 Ky. Acts ch. 340, sec. 4.

KRS 163.340 Repealed, 1976

163.340. Repealed, 1976 Catchline at repeal: Proprietary school certificate of approval. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Amended 1974 Ky. Acts ch. 315, sec. 19. -- Created 1972 Ky. Acts ch. 340, sec. 5.

KRS 163.350 Repealed, 1976

163.350. Repealed, 1976 Catchline at repeal: Fees; deposit. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, sec. 6.

KRS 163.360 Repealed, 1976

163.360. Repealed, 1976 Catchline at repeal: Minimum standards; certificate of approval. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, sec. 8.

KRS 163.370 Repealed, 1976

163.370. Repealed, 1976 Catchline at repeal: Revocation of agent's permit and certificate of approval. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, sec. 9.

KRS 163.380 Repealed, 1976

163.380. Repealed, 1976 Catchline at repeal: Rules and regulations. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, sec. 10.

KRS 163.390 Repealed, 1976

163.390. Repealed, 1976 Catchline at repeal: Certificate of approval; agent's permit; time to comply. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, sec. 11.

KRS 163.450 Purpose

163.450. Purpose The purpose of KRS 163.450 to 163.470 is to provide for a separate and specialized agency for the blind to provide for and improve the rehabilitation of the blind and visually impaired citizens of the Commonwealth of Kentucky in order that they may increase their social and economic well-being and the productive capacity of the Commonwealth and the nation. History: Created 1976 Ky. Acts ch. 377, sec. 1.

KRS 163.460 Definitions for chapter

163.460. Definitions for chapter As used in this chapter unless the context otherwise requires: (1) "Office" means the Office of Vocational Rehabilitation, or the duly authorized division within the Office of Vocational Rehabilitation; (2) "Legally blind" means a visual acuity of 20/200 or less in the better eye with correction or a visual field of 20 degrees or less; (3) "Visually impaired" means a condition of the eye with correction which constitutes or progressively results for the individual in a substantial disability to employment; and (4) "Executive director" means the executive director of the Office of Vocational Rehabilitation or the director of the duly authorized division within the Office of Vocational Rehabilitation. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 146, sec. 32, effective June 27, 2019. -- Amended 2006 Ky. Acts ch. 211, sec. 92, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 49, sec. 1, effective July 15, 1994; ch. 405, sec. 31, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 353, sec. 1, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 377, sec. 2. Legislative Research Commission Note (7/15/94). This section was amended by 1994 Ky. Acts chs. 49 and 405. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 405, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 163.470 Office for Vocational Rehabilitation responsible for services for the blind and visually impaired

163.470. Office for Vocational Rehabilitation responsible for services for the blind and visually impaired (1) The executive director shall be appointed by the secretary of the Education and Labor Cabinet pursuant to KRS 12.050. (2) The office shall be the state agency responsible for all rehabilitation services for the blind and the visually impaired and other services as deemed necessary. The office shall be the agency authorized to expend all state and federal funds designated for rehabilitation services for the blind and visually impaired. The Office of the Secretary of the Education and Labor Cabinet is authorized as the state agency to receive all state and federal funds and gifts and bequests for the benefit of rehabilitation services for the blind and visually impaired. The State Treasurer is designated as the custodian of all funds and shall make disbursements for rehabilitation purposes upon certification by the executive director. (3) The office shall establish and implement policies and procedures for the carrying out of the program of services for the blind. (4) At the close of each biennium, the office shall prepare a financial report and present it to the secretary of the Education and Labor Cabinet and to the Governor. The biennial report shall be published. The biennial report shall also contain a precise review of the work of the office and contain necessary suggestions for improvement. (5) The office shall coordinate its functions with other appropriate public and private agencies. (6) The office shall perform all other duties as required of it by law. (7) The executive director shall hire personnel as necessary to carry out the work of the office and the provisions of KRS 163.450 to 163.470. Preference shall be given to hiring qualified blind persons. (8) The Office of Vocational Rehabilitation shall provide intake and rehabilitation counseling services; distribute or sell technical educational and other aids to the blind; provide educational materials such as recorded texts, braille or large-type texts, or such other materials as may be deemed necessary for the education of the blind; research into the development of new technical aids for the blind, mobility training, work evaluation, personal adjustment, independent living, and other services as needed for blind adults, and services for the blind who have other disabilities; and promote employment of the blind in public and private sectors. (9) There shall be established under the authority of the office, to be directed by a director appointed by the secretary pursuant to KRS 12.050, the Division of Kentucky Business Enterprise. This division shall manage and supervise the Vending Facilities Program and license qualified blind persons as vendors. In connection therewith, the office shall be authorized to own or lease vending equipment for the operation of vending facilities in federal, state, private, and other buildings. The set-aside charges levied shall comply with the existing federal regulations as specified in 34 CFR 395.9. One (1) or more facility placement agents shall be employed to locate and establish additional vending facilities. The office shall make such surveys as may be deemed necessary to determine the vending facility opportunities for blind vendors in state buildings or on other property owned, leased, or otherwise occupied by the state government and shall install vending facilities in suitable locations on such property for the use of the blind. All of the net income from vending machines which are on the same property as a vending facility shall be paid to the blind vendor of the vending facility. Whenever there exists a conflict of interest between state agencies seeking to vend merchandise on the same state property, the agencies shall negotiate a fair agreement which shall protect the interest of both from unreasonable competition. The agreement shall be submitted to the custodial authority having jurisdiction over the property for approval. Provided, however, that in all situations the blind vendor shall be permitted to vend all items of merchandise customarily sold at similar vending facilities. (10) The office, at all times, shall be authorized to provide industrial evaluation, training, and employment. The office shall provide staff services which shall include staff development and training, program development and evaluation, and other staff services as may be deemed necessary. (11) The provisions of any other statute notwithstanding, the executive director is authorized to use receipt of funds from the Social Security reimbursement program for a direct service delivery staff incentive program. Incentives may be awarded if case service costs are reimbursed for job placement of Social Security or Supplemental Security Income recipients at the Substantial Gainful Activity (SGA) level for nine (9) months pursuant to 42 U.S.C. sec. 422 and under those conditions and criteria as are established by the federal reimbursement program. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 80, effective July 1, 2022. -- Amended 2019 Ky. Acts ch. 146, sec. 33, effective June 27, 2019. -- Amended 2009 Ky. Acts ch. 11, sec. 53, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 93, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 125, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 33, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 49, sec. 2, effective July 15, 1994; ch. 126, sec. 3, effective July 15, 1994; ch. 363, sec. 10, effective July 15, 1994; and ch. 469, sec. 37, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 470, sec. 57, effective July 1, 1990. -- Amended 1988 Ky. Acts ch. 265, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 353, sec. 2, effective July 15, 1982; and ch. 381, sec. 9, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 377, sec. 3.

KRS 163.475 Legislative findings and provisions relating to transition of operation of Kentucky Industries for the Blind

163.475. Legislative findings and provisions relating to transition of operation of Kentucky Industries for the Blind (1) The General Assembly finds that the provision of industrial evaluation, training, and employment opportunities for individuals who are blind or visually impaired is a valuable and necessary component of vocational rehabilitation services. The office has sole responsibility for and the obligation to operate and manage a Division of the Kentucky Industries for the Blind. This facility has struggled to meet these mandates but, faced with declining available state revenues, expects a continual diminishment to a submarginal operation with respect to providing viable long-term employment opportunities that are self-sustaining and sufficiently diversified for individuals who are blind or visually impaired. (2) The General Assembly finds that increased flexibility in contract negotiation, purchasing, and hiring will enhance the competitiveness of the Kentucky Industries for the Blind, resulting in additional production contracts thereby guaranteeing continued and expanded jobs and other opportunities for individuals who are blind or visually impaired. This flexibility and competitiveness can be achieved through the operation of the Kentucky Industries for the Blind by a nonprofit corporation, the members of which have expertise in management skills and background pertaining to sound business practices and rehabilitation philosophy. (3) The General Assembly finds that a transition period from state division to a nonprofit operation is necessary to ensure the success and continuation of the important functions of the Kentucky Industries for the Blind. Therefore, the General Assembly shall continue to support the Division of the Kentucky Industries for the Blind through appropriations to the office for six (6) years in order to eliminate eventually the necessity for annual state appropriations. The office shall monitor and safeguard the expenditure of those public moneys for the use and benefit of the Kentucky Industries for the Blind and citizens who are blind and visually impaired in the Commonwealth. (4) The General Assembly finds that the continued employment of current employees of the Division of the Kentucky Industries for the Blind is a necessary and important outcome. The office shall ensure through contractual provisions that the nonprofit corporation it contracts with pursuant to KRS 163.480(2) offers employment to every employee of the Kentucky Industries for the Blind at the time the nonprofit corporation assumes total responsibility for the operation of the workshop. The office shall maximize the retirement benefits for each current employee of the Division of Kentucky Industries for the Blind at the time the office contracts for total operation by the nonprofit corporation through the parted employer provisions of KRS 61.510 to 61.705. (5) The General Assembly finds that at the time the Kentucky Industries for the Blind is operated totally by the nonprofit corporation, the office shall have the authority to convey ownership of the workshop to any nonprofit corporation with which it contracts pursuant to KRS 163.480(2) without financial consideration, including real and personal property, inventory of materials, and stores for resale. The instrument of conveyance to such nonprofit corporation shall provide that the real property and production equipment conveyed, or sufficient remuneration therefor, shall revert to the state at any time the nonprofit corporation or its successor shall cease operating the Kentucky Industries for the Blind for the benefit of individuals who are blind or visually impaired. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 146, sec. 34, effective June 27, 2019. -- Amended 2006 Ky. Acts ch. 211, sec. 94, effective July 12, 2006. -- Created 1994 Ky. Acts ch. 126, sec. 1, effective July 15, 1994.

KRS 163.480 Office's authority to contract with nonprofit corporation for employment services

163.480. Office's authority to contract with nonprofit corporation for employment services (1) The office may contract, to the extent funds are available under this chapter and under conditions and standards established by the office, with any nonprofit corporation able to provide expertise in the operation of workshops for and rehabilitation of individuals who are blind or visually impaired and whose objectives are to carry out the purposes of KRS 163.470(10). (2) The office shall contract with a nonprofit corporation, effective July 1, 2000, to provide industrial evaluation, training, and employment opportunities for individuals who are blind or visually impaired. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 146, sec. 35, effective June 27, 2019. -- Amended 2006 Ky. Acts ch. 211, sec. 95, effective July 12, 2006. -- Created 1994 Ky. Acts ch. 126, sec. 2, effective July 15, 1994.

KRS 163.485 Legislative findings and declarations relating to accessible electronic information for the disabled

163.485. Legislative findings and declarations relating to accessible electronic information for the disabled The General Assembly finds and declares that: (1) Approximately eight hundred seventy-four thousand (874,000) Kentuckians have disabilities and, of this number, approximately three hundred thousand (300,000) are blind or visually impaired or have other print impairments that prevent them from using conventional print material; (2) Kentucky fulfills an important responsibility by providing books and magazines prepared in Braille, audio, and large-type formats to eligible blind and disabled persons; (3) The technology, transcription methods, and means of distribution used for these materials are labor-intensive and cannot support rapid dissemination to individuals in rural and urban areas throughout the state; (4) Lack of direct and prompt access to information included in newspapers, magazines, newsletters, schedules, announcements, and other time-sensitive materials limits educational, employment, and independent opportunities, literacy, and full participation in society by blind and disabled persons; (5) This limitation can be overcome through the use of high-speed computer, radio, and telecommunications technology, combined with customized software, providing a practical cost-effective way to convert electronic text-based information into human or synthetic speech suitable for statewide distribution and accessible through radio, a touch-tone telephone, and modern telecommunications technology; (6) Radio, telecommunications, and voice-based information systems are cost-efficient information delivery systems for this state; (7) Federal funds have been used to develop the technology and infrastructure needed for statewide toll-free access to daily newspapers and other timely information of local, state, and national interests, providing an efficient and cost-effective means of reader registration, content acquisition, and intrastate telecommunications support; and (8) Use of this accessible electronic information service will enhance Kentucky's efforts to meet the needs of blind and disabled citizens for access to information that is otherwise available in print, thereby reducing isolation and supporting full integration and equal access for such individuals. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 129, sec. 1, effective July 13, 2004. Legislative Research Commission Note (7/13/2004). 2004 Ky. Acts ch. 129, sec. 4, provides that 2004 Ky. Acts ch. 129, which creates KRS 163.485, 163.487, and 163.489, is to be known as the Accessible Electronic Information Act.

KRS 163.487 Definitions for KRS 163.485 to 163.489

163.487. Definitions for KRS 163.485 to 163.489 As used in KRS 163.485 to 163.489, unless the context requires otherwise: (1) "Accessible electronic information service" means news and other timely information, including but not limited to magazines, newsletters, schedules, announcements, and newspapers, provided to eligible individuals using high-speed computers, radios, and telecommunications technology for acquisition of content and rapid distribution in a form appropriate for use by those individuals; and (2) "Blind and disabled persons" means those individuals who are eligible for library loan services through the Library of Congress and the office pursuant to 36 C.F.R. sec. 701.10(b). Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 146, sec. 36, effective June 27, 2019. -- Amended 2006 Ky. Acts ch. 211, sec. 96, effective July 12, 2006. -- Created 2004 Ky. Acts ch. 129, sec. 2, effective July 13, 2004.

KRS 163.489 Creation of Accessible Electronic Information Service Program -- Access provided -- Use of funding

163.489. Creation of Accessible Electronic Information Service Program -- Access provided -- Use of funding (1) The Accessible Electronic Information Service Program is created and shall be provided by the office. The program shall include: (a) Intrastate access for eligible persons to read audio editions of newspapers, magazines, newsletters, schedules, announcements, and other information using a touch-tone telephone, radio, or other technologies that produce audio editions by use of computer; and (b) A means of program administration and reader registration on the Internet, or by mail, telephone, or any other method providing consumer access. (2) The program shall: (a) Provide accessible electronic information services for all eligible blind and disabled persons as defined by KRS 163.487(2); and (b) Make maximum use of available state, federal, and other funds by obtaining grants or in-kind support from appropriate programs and securing access to low-cost interstate rates for telecommunications by reimbursement or otherwise. (3) The office shall review new technologies and current service programs in Kentucky for the blind and visually impaired that are available to expand audio communication if the office determines that these new technologies will expand access to consumers in a cost-efficient manner. The office may implement recommendations from the Statewide Council for Vocational Rehabilitation for improving the program. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 146, sec. 37, effective June 27, 2019. -- Amended 2006 Ky. Acts ch. 211, sec. 97, effective July 12, 2006. -- Created 2004 Ky. Acts ch. 129, sec. 3, effective July 13, 2004.

KRS 163.500 Definitions of "deaf" and "hard of hearing."

163.500. Definitions of "deaf" and "hard of hearing." The "deaf" and "hard of hearing" are persons who have hearing disorders. They are people who cannot hear and understand speech clearly through the ear alone, with or without hearing aids. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 144, sec. 1, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 111, sec. 101, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 160, sec. 1, effective July 15, 1982.

KRS 163.505 Repealed, 1990

163.505. Repealed, 1990 Catchline at repeal: Commission on the deaf and hearing impaired -- Membership -- Terms -- Compensation. History: Repealed 1990 Ky. Acts ch. 68, sec. 3, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 263, sec. 1, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 160, sec. 2, effective July 15, 1982.

KRS 163.506 Commission on the Deaf and Hard of Hearing -- Membership -- Terms -- Compensation

163.506. Commission on the Deaf and Hard of Hearing -- Membership -- Terms -- Compensation (1) The Commission on the Deaf and Hard of Hearing shall consist of: (a) Seven (7) members appointed by the Governor as follows: 1. One (1) audiologist chosen from a list of three (3) names submitted by the Kentucky Speech and Hearing Association; 2. Three (3) hard of hearing or deaf persons chosen from a list of six (6) names submitted by the Kentucky Association of the Deaf; 3. One (1) deaf or hard of hearing person chosen from a list of three (3) names submitted by the Kentucky Chapter of the Alexander Graham Bell Association for the Deaf, the initial appointment to be for a one (1) year term; 4. One (1) hard of hearing or deaf person chosen from a list of three (3) names submitted by the Kentucky members of Self Help for Hard of Hearing People, the initial appointment to be for a two (2) year term; and 5. One (1) deaf, late-deafened, or hard of hearing person chosen from a list of three (3) names submitted by the American Association of Retired Persons, the initial appointment to be for a two (2) year term; (b) One (1) representative of the Cabinet for Health and Family Services appointed by the secretary; (c) The secretary of the Education and Labor Cabinet or his designee; (d) The president of the Kentucky Association for the Deaf or his designee; (e) The president of the Kentucky Registry of Interpreters for the Deaf or his designee; and (f) Three (3) persons appointed by the Commission on the Deaf and Hard of Hearing as constituted in subsections (1)(a) through (1)(e) of this section, appointed as follows: 1. One (1) parent of a hard of hearing or deaf child; 2. One (1) representative of a public or private organization providing consistent services to the deaf and hard of hearing; and 3. One (1) member at large. (2) All members shall serve three (3) year terms except state officials or their designees who shall serve during their terms of office. Of the members appointed pursuant to subsection (1)(a)2. through (1)(a)5. and subsection (1)(f) of this section, no more than three (3) of those members shall have terms beginning in the same year. Any person who is a member of the commission on July 13, 1990, shall serve until he resigns or until his term expires. (3) Each member of the commission shall be reimbursed for his necessary travel and other expenses actually incurred in the discharge of his duties. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 81, effective July 1, 2022. -- Amended 2009 Ky. Acts ch. 11, sec. 54, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 98, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 23, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 32, sec. 1, effective July 15, 1998; and ch. 426, sec. 119, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 209, sec. 15, effective July 15, 1994. Amended 1992 Ky. Acts ch. 144, sec. 2, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 68, sec. 1, effective July 13, 1990. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 32 and 426. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 426, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 163.510 Duties of commission

163.510. Duties of commission (1) The commission shall advise the Governor and the General Assembly concerning policy and programs to enhance the quality and coordination of services for the deaf and hard of hearing. (2) The commission shall cooperate with and assist local, state and federal governments and public and private agencies in the development of programs for the deaf and hard of hearing. (3) The commission shall review legislative programs relating to services to deaf and hard of hearing persons and shall conduct studies of conditions affecting the health and welfare of the deaf and hard of hearing. (4) The commission shall oversee the provision of interpreter services to the deaf and hard of hearing, and may provide services if necessary. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 144, sec. 3, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 160, sec. 3, effective July 15, 1982.

KRS 163.515 Executive director -- Duties

163.515. Executive director -- Duties (1) The commission shall employ an executive director who shall serve at the pleasure of the commission. The executive director shall be familiar with the problems of the deaf and hard of hearing. (2) Subject to the approval of the commission, the executive director shall: (a) Employ clerical and other staff assistance; (b) Prepare an annual report on the status of services to the deaf and hard of hearing; (c) Promote the training of interpreters for the deaf and hard of hearing; (d) Identify public and private agencies that provide services to the deaf and hard of hearing and cooperate in the coordination and development of these services; (e) Survey the needs and compile a census of the deaf and hard of hearing. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 144, sec. 4, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 160, sec. 4, effective July 15, 1982.

KRS 163.520 Providing data to commission

163.520. Providing data to commission All departments, divisions, boards, bureaus, commissions, or agencies of state government shall provide the commission data necessary to carry out its duties under KRS 163.510 and 163.515. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 68, sec. 2, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 160, sec. 5, effective July 15, 1982.

KRS 163.525 Telecommunications Access Program -- Distribution of specialized telecommunications equipment -- Authority for administrative regulations

163.525. Telecommunications Access Program -- Distribution of specialized telecommunications equipment -- Authority for administrative regulations (1) As used in this section and KRS 163.527: (a) "Specialized telecommunications equipment" means devices such as, but not limited to, telecommunications devices for the deaf, amplified phones, loud ringers, visual alert signalers, tactile signalers, captioned telephones, and appropriate wireless devices; and (b) "Telecommunications Access Program" means the program to furnish specialized telecommunications equipment to deaf, hard-of-hearing, and speech-impaired persons in order that they may have equal access to telecommunications services through the telecommunications relay service established pursuant to KRS 278.548. The program shall include maintenance and repair of the equipment. (2) (a) On or before July 1, 1995, the Commission on the Deaf and Hard of Hearing shall establish a program to distribute specialized telecommunications equipment to any deaf, hard-of-hearing, or speech-impaired person qualified to receive the equipment pursuant to subsection (3) of this section. (b) Prior to the establishment of the Telecommunications Access Program, the Commission on the Deaf and Hard of Hearing shall initiate an investigation, conduct public hearings, and solicit the advice and counsel of deaf, hard-of- hearing, and speech-impaired persons and the organizations serving them. (c) The Commission on the Deaf and Hard of Hearing may contract with any person, public, or private organization to provide part or all components of the Telecommunications Access Program, if applicable statutory procurement provisions are followed. The Commission on the Deaf and Hard of Hearing may use assistance from public agencies of the state or federal government or from private organizations to accomplish the purposes of this section. The Kentucky Commission on the Deaf and Hard of Hearing shall enter into memoranda of agreement with the Public Service Commission for coordination and oversight of funding and operations to meet the objectives of this section and KRS 278.5499. The Commission on the Deaf and Hard of Hearing may also enter into memoranda of agreement with other state agencies to accomplish the purposes of this section. (3) Factors to determine a person's eligibility to receive specialized telecommunications equipment shall include, but not be limited to: (a) Kentucky residency; (b) Attainment of at least five (5) years of age; and (c) Certification as deaf, hard of hearing, or severely speech-impaired by a licensed physician, audiologist, speech pathologist, advanced practice registered nurse, or by any other method recognized by the Commission on the Deaf and Hard of Hearing. Certification implies that the individual cannot use the telephone for communication without adaptive equipment. (4) No more than one (1) piece of specialized telecommunications equipment shall be provided to a person qualified to receive the equipment pursuant to subsection (3) of this section. However, a malfunctioning piece of specialized telecommunications equipment originally distributed by the program may be returned for repair or replacement. The Commission on the Deaf and Hard of Hearing may prioritize distribution of the specialized telecommunications equipment on the basis of need. (5) The Commission on the Deaf and Hard of Hearing shall establish procedures for application and distribution of specialized telecommunications equipment by the promulgation of administrative regulations in accordance with provisions of KRS Chapter 13A. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 85, sec. 70, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 23, sec. 1, effective July 1, 2006. -- Created 1994 Ky. Acts ch. 237, sec. 5, effective July 15, 1994.

KRS 163.527 Annual report on Telecommunications Access Program

163.527. Annual report on Telecommunications Access Program The Commission on the Deaf and Hard of Hearing shall provide to the General Assembly an annual report on the operation of the Telecommunications Access Program. The report shall be due on July 1 of each year, beginning July 1, 1995, and, at a minimum, provide: (1) The number of persons served and the number of pieces of specialized telecommunications equipment distributed; (2) The revenues and expenditures of the program; (3) Discussion of any major policy or operational issues; (4) Any changes the commission plans to make in the program that does not require legislative action; and (5) Any proposals for legislative changes in the program. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 23, sec. 2, effective July 1, 2006. -- Created 1994 Ky. Acts ch. 237, sec. 6, effective July 15, 1994.

KRS 163.990 Repealed, 1976

163.990. Repealed, 1976 Catchline at repeal: Penalty. History: Repealed 1976 Ky. Acts ch. 363, sec. 13. -- Created 1972 Ky. Acts ch. 340, sec. 7.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37894Fetched: 10/20/2026

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