Mandatory adoption of emergency management response plan in each school -- School to maintain portable automated external defibrillators -- Emergency response drills -- Consequence of schools failing to comply
KRS 158.162
in effect158.162. Mandatory adoption of emergency management response plan in each school -- School to maintain portable automated external defibrillators -- Emergency response drills -- Consequence of schools failing to comply
(1) As used in this section:
(a) "Emergency management response plan" or "emergency plan" means a written document to prevent, mitigate, prepare for, respond to, and recover from emergencies; and
(b) "First responders" means local fire, police, and emergency medical personnel.
(2) (a) Each local board of education shall require the school council or, if none exists, the principal in each school building in its jurisdiction to adopt an emergency plan. The emergency plan shall include: 1. Procedures to be followed in case of medical em ergency, fire, severe weather, earthquake, or a building lockdown as defined in KRS 158.164; 2. A written cardiac emergency response plan; and 3. A copy of the data created through the School Mapping Data Program pursuant to KRS 158.4433 or, if the school mapping data is unavailable, a diagram of the facility that clearly identifies the location of each automated external defibrillator.
(b) The emergency plan shall be provided to appropriate first responders and all school staff.
(c) The emergency plan shall be reviewed following the end of each school year by the school nurse, school council, the principal, and first responders and revised as needed.
(d) The principal shall discuss the emergency plan with all school staff prior to the first instructional day of each school year and document the time and date of any discussion.
(e) The cardiac emergency response plan shall be rehearsed by simu lation prior to the beginning of each athletic season by all: 1. Licensed athletic trainers, school nurses, and athletic directors; and 2. Interscholastic coaches and volunteer coaches of each athletic team active during that athletic season.
(f) The emergency plan shall be excluded from the application of KRS 61.870 to 61.884.
(3) Each local board of education shall require the school council or, if none exists, the principal in each school building to:
(a) Establish primary and secondary evacuation routes for all rooms located within the school and shall post the routes in each room by any doorway used for evacuation;
(b) Identify the best available severe weather safe zones, in consultation with local and state safety officials and informed by guiding pri nciples set forth by the National Weather Service and the Federal Emergency Management Agency, and post the location of safe zones in each room of the school;
(c) Develop practices for students to follow during an earthquake;
(d) Develop and adhere to practices to control the access to each school building. Practices shall include but not be limited to: 1. Controlling outside access to exterior doors during the school day; 2. Controlling the main entrance of the school with electronically locking doors, a camera, and an intercom system; 3. Controlling access to individual classrooms; 4. Requiring classroom doors to be equipped with hardware that allows the door to be locked from the outside but opened from the inside; 5. Requiring classroom doors to remain closed and locked during instructional time, except: a. In instances in which only one (1) student and one (1) adult are in the classroom; or b. When approved in writing by the state school security marshal; 6. Requiring classroom doors with windows to be e quipped with material to quickly cover the window during a building lockdown; 7. Allowing for the use of secondary locking mechanisms on classroom doors, notwithstanding any provisions of the Kentucky Building Code promulgated pursuant to KRS Chapter 198B to the contrary; 8. Requiring all visitors to report to the front office of the building, provide valid identification, and state the purpose of the visit; and 9. Providing a visitor's badge to be visibly displayed on a visitor's outer garment;
(e) Maintain a portable automated external defibrillator in a public, readily accessible, well-marked location in every school building and, as funds become available, at school-sanctioned athletic practices and competitions and: 1. Adopt procedures for the use of th e portable automated external defibrillator during an emergency; 2. Adopt policies for compliance with KRS 311.665 to 311.669 on training, maintenance, notification, and communication with the local emergency medical services system; 3. Ensure that a minimum of three (3) employees in the school and all interscholastic athletic coaches be trained on the use of a portable automated external defibrillator in accordance with KRS 311.667; 4. Ensure that all interscholastic athletic coaches mai ntain a cardiopulmonary resuscitation certification recognized by a national accrediting body on heart health; and 5. No later than November 1 of each school year, submit an annual report to the Kentucky Department of Education on: a. The number and location of each portable automated external defibrillator in every school building; b. The name, school, and training date of each school district employee and interscholastic athletic coach in the district trained in the use of a portable automated external defibrillator; and c. The progress made towards having a portable automated external defibrillator at all school -sanctioned athletic practices and competitions; and
(f) Require development of an event -specific emergency action plan for each school-sanctioned nonathletic event held off-campus to be used during a medical emergency, which may include the provision of a portable automated external defibrillator. The plan shall: 1. Include a delineation of the roles of staff and emergency personnel, methods of communication, any assigned emergency equipment including a portable automated external defibrillator, a cardiac emergency response plan, and access to and plan for emergency transport; and 2. Be in writing and distributed to any member of school personnel attending the school-sanctioned event in an official capacity.
(4) All schools shall be in compliance with the provisions of subsection (3)(d) of this section.
(5) (a) Each local board of education shall require the principal in each public school building in its jurisdiction to conduct, at a minimum, emergency response drills to include: 1. One (1) severe weather drill, one (1) earthquake drill, and one (1) lockdown drill within the first thirty (30) instructional days of each school year and again during th e month of January; and 2. The emergency response plan rehearsal by simulation required by subsection (2) of this section and the venue -specific emergency action plan rehearsal by simulation required by KRS 160.445(5) prior to the beginning of each athleti c season.
(b) Required fire drills shall be conducted according to administrative regulations promulgated by the Department of Housing, Buildings and Construction. Whenever possible, first responders shall be invited to observe emergency response drills.
(6) No later than November 1 of each school year, a local district superintendent shall send verification to the Kentucky Department of Education that all schools within the district are in compliance with the requirements of this section.
(7) A district with a school not in compliance with the requirements of subsection
(3)(d) of this section by July 1, 2022, shall not be eligible for approval by the Kentucky Department of Education for new building construction or expansion in the 2022-2023 school year and any subsequent year without verification of compliance, except for facility improvements that specifically address the school safety and security requirements of this section, when deemed necessary for the protection of student or staff health and safety, or to comply with other legal requirements or orders.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 165, sec. 10, effective July 15, 2024; and ch 208, sec 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 165, sec. 1, effective June 29, 2023. -- Amended 2020 Ky. Acts ch. 5, sec. 11, effective February 21, 2020. -- Amended 2019 Ky. Acts ch. 5, sec. 14, effective March 11, 2019. -- Amended 2015 Ky. Acts ch. 38, sec. 1, effective June 24, 2015. -- Created 2013 Ky. Acts ch. 126, sec. 1, ef fective June 25, 2013; and ch. 133, sec. 1, effective June 25, 2013.
Legislative Research Commission Note (7/15/2024). This statute was amended by 2024 Ky. Acts chs. 165 and 208, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (6/29/2023). 2023 Ky. Acts ch. 165, sec. 1, which amended this statute, contained a reference to subsection (5) of Section 4 of this Act, though it is clear from the text of the Act that the reference was meant to be to subsection (5) of Section 5 of the Act, as only that section dealt with venue- specific emergency action plan rehearsal by simulation. The Reviser of Statutes has corrected this manifest clerical or typographical error during codification under the authority of KRS 7.136(1).
Legislative Research Commission Note (6/25/2013). This statute was created by 2013 Ky. Acts chs. 126 and 133, which were companion bills and are substantively identical. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 126 prevails under KRS 446.250 as the Act which passed the General Assembly last.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55390Fetched: 10/20/2026