AN ACT relating to discriminatory practices against a person.

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AN ACT relating to discriminatory practices against a person. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 344.010 is amended to read as follows: 3
As used in this chapter: 4
(1) "Person" includes one (1) or more individuals, labor organizations, joint 5
apprenticeship committees, partnerships, associations, corporations, legal 6
representatives, mutual companies, joint -stock companies, trusts, unincorporated 7
organizations, trustees, trustees in bankruptcy, fiduciaries, receivers, or other legal 8
or commercial entity; the state, any of its political or civil subdivisions or 9
agencies;[.] 10
(2) "Commission" means the Kentucky Commission on Human Rights ;[.] 11
(3) "Commissioner" means a member of the commission;[.] 12
(4) "Disability" means, with respect to an individual: 13
(a) A physical or mental impairment that substantially limits one (1) or more of 14
the major life activities of the individual; 15
(b) A record of such an impairment; or 16
(c) Being regarded as having such an impairment. 17
Persons with current or past controlled substa nces abuse or alcohol abuse problems 18
and persons excluded from coverage by the Americans with Disabilities Act of 19
1990, Pub. L. No.[ (P.L.] 101-336,[)] shall be excluded from this section;[.] 20
(5) "Discrimination" means any direct or indirect act or practic e of exclusion, 21
distinction, restriction, segregation, limitation, refusal, denial, or any other act or 22
practice of differentiation or preference in the treatment of a person or persons, or 23
the aiding, abetting, inciting, coercing, or compelling thereof ma de unlawful under 24
this chapter;[.] 25
(6) "Protective hairstyles" includes but is not limited to such hairstyles as braids, 26
locks, and twists; 27
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(7) "Real property" includes buildings, structures, real estate, lands, tenements, 1
leaseholds, cooperatives, condomi niums, and hereditaments, corporeal and 2
incorporeal, or any interest in the above;[.] 3
(8)[(7)] "Housing accommodations" includes improved and unimproved property and 4
means any building, structure, lot or portion thereof, which is used or occupied, or 5
is intended, arranged, or designed to be used or occupied as the home or residence 6
of one (1) or more families, and any vacant land which is offered for sale or lease 7
for the construction or location thereon of any such building or structure;[.] 8
(9)[(8)] "Race" includes traits historically associated with race, including but not 9
limited to hair texture and protective hairstyles; 10
(10) "Real estate operator" means any individual or combination of individuals, labor 11
organizations, joint apprenticeship committees, p artnerships, associations, 12
corporations, legal representatives, mutual companies, joint-stock companies, trusts, 13
unincorporated organizations, trustees in bankruptcy, receivers, or other legal or 14
commercial entity, the county, or any of its agencies, that is engaged in the business 15
of selling, purchasing, exchanging, renting, or leasing real estate, or the 16
improvements thereon, including options, or that derives income, in whole or in 17
part, from the sale, purchase, exchange, rental, or lease of real estate; or an 18
individual employed by or acting on behalf of any of these;[.] 19
(11)[(9)] "Real estate broker" or "real estate salesman" means any individual, whether 20
licensed or not, who, on behalf of others, for a fee, commission, salary, or other 21
valuable conside ration, or who with the intention or expectation of receiving or 22
collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or 23
the improvements thereon, including options, or who negotiates or attempts to 24
negotiate on behalf of others such an activity; or who advertises or holds himself or 25
herself out as engaged in these activities; or who negotiates or attempts to negotiate 26
on behalf of others a loan secured by mortgage or other encumbrance upon a 27
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transfer of real estate, or who is engaged in the business of charging an advance fee 1
or contracting for collection of a fee in connection with a contract whereby he or 2
she undertakes to promote the sale, purchase, exchange, rental, or lease of real 3
estate through its listing in a publi cation issued primarily for this purpose; or any 4
person employed by or acting on behalf of any of these;[.] 5
(12)[(10)] "Financial institution" means bank, banking organization, mortgage company, 6
insurance company, or other lender to whom application is mad e for financial 7
assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, 8
maintenance, or improvement of real property, or an individual employed by or 9
acting on behalf of any of these;[.] 10
(13)[(11)] "Licensing agency" means an y public or private organization which has as 11
one (1) of its duties the issuing of licenses or the setting of standards which an 12
individual must hold or must meet as a condition to practicing a particular trade or 13
profession or to obtaining certain employm ent within the state or as a condition to 14
competing effectively with an individual who does hold a license or meet the 15
standards;[.] 16
(14)[(12)] "Credit transaction" means[shall mean] any open or closed end credit 17
transaction whether in the nature of a loan, retail installment transaction, credit card 18
issue or charge, or otherwise, and whether for personal or for business purposes, in 19
which a service, finance, or interest charge is imp osed, or which provides for 20
repayment in scheduled payments, when such credit is extended in the course of the 21
regular course of any trade or commerce, including but not limited to transactions 22
by banks, savings and loan associations, or other financial le nding institutions of 23
whatever nature, stock brokers, or by a merchant or mercantile establishment which 24
as part of its ordinary business permits or provides that payment for purchases of 25
property or services therefrom may be deferred ;[.] 26
(15)[(13)] "To re nt" means to lease, to sublease, to let, or otherwise to grant for a 27
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consideration the right to occupy premises not owned by the occupant;[.] 1
(16)[(14)] "Family" includes a single individual;[.] 2
(17)[(15)] (a) "Familial status" means one (1) or more indivi duals who have not 3
attained the age of eighteen (18) years and are domiciled with: 4
1. A parent or another person having legal custody of the individual or 5
individuals; or 6
2. The designee of a parent or other person having custody, with the 7
written permission of the parent or other person. 8
(b) The protection afforded against discrimination on the basis of familial status 9
shall apply to any person who is pregnant or is in the process of securing legal 10
custody of any individual who has not attained the age of eighteen (18) years; 11
and[.] 12
(18)[(16)] "Discriminatory housing practice" means an act that is unlawful under KRS 13
344.360, 344.367, 344.370, 344.380, or 344.680. 14
Section 2. KRS 158.148 is amended to read as follows: 15
(1) As used in this section: 16
(a) 1. "Bullying" means any unwanted verbal, physical, or social behavior 17
among students that involves a real or perceived power imbalance and is 18
repeated or has the potential to be repeated: 19
a. That occurs on school premises, on school -sponsored 20
transportation, or at a school-sponsored event; or 21
b. That disrupts the education process; and 22
2. This definition shall not be interpreted to prohibit civil exchange of 23
opinions or debate or cultural practices protected under the state or 24
federal Constitution where the op inion expressed does not otherwise 25
materially or substantially disrupt the education process; and 26
(b) "Parent or guardian" means a parent, legal guardian, or other person 27
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exercising custodial control or supervision of a student. 1
(2) In cooperation with the Kentucky Education Association, the Kentucky School 2
Boards Association, the Kentucky Association of School Administrators, the 3
Kentucky Association of Professional Educators, the Kentucky Association of 4
School Superintendents, the Parent -Teachers Association, the Kentucky Chamber 5
of Commerce, the Farm Bureau, members of the Interim Joint Committee on 6
Education, and other interested groups, and in collaboration with the Center for 7
School Safety, the Department of Education shall develop or update as needed and 8
distribute to all districts by August 31 of each even-numbered year: 9
(a) Statewide student discipline guidelines to ensure safe schools, including the 10
definition of serious incident for the reporting purposes as identified in KRS 11
158.444; 12
(b) Statewide transportation services policy guidelines to ensure the safety of 13
students, operators of vehicles, and other passengers using district -provided 14
transportation; 15
(c) Recommendations designed to improve the learning environment and school 16
climate, parental a nd community involvement in the schools, and student 17
achievement; and 18
(d) Model policies to implement the provisions of this section and KRS 158.110, 19
158.156, 158.444, 525.070, and 525.080. 20
(3) The department shall obtain statewide data on major discipline problems and 21
reasons why students drop out of school. In addition, the department, in 22
collaboration with the Center for School Safety, shall identify successful strategies 23
currently being used in programs in Kentucky and in other states and shall 24
incorporate those strategies into the statewide student discipline guidelines, 25
transportation services policy guidelines, and the recommendations under 26
subsection (2) of this section. 27
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(4) Copies of the statewide student discipline guidelines and the transportation services 1
policy guidelines shall be distributed to all school districts. The statewide student 2
discipline guidelines shall contain broad principles and legal requirements to guide 3
local districts in the development of their own code of acceptable behavior and 4
discipline; the selection of discipline and classroom management techniques by 5
school councils under KRS 158.155 and 160.345; the development of the district 6
transportation services policy; and the development of the district-wide safety plan. 7
(5) (a) Each local board of education shall adopt a code of acceptable behavior and 8
discipline based on the statewide student discipline guidelines that shall apply 9
to the students in each school operated by the board. The code shall be 10
updated no less frequently than every two (2) years. 11
(b) The superintendent, or designee, shall be responsible for overall 12
implementation and supervision, and each school principal shall be 13
responsible for administration and implementation within each school. Each 14
school council sh all select and implement the appropriate discipline and 15
classroom management techniques necessary to carry out the code. The board 16
shall establish a process for a two -way communication system for teachers 17
and other employees to notify a principal, supervisor, or other administrator of 18
an emergency. 19
(c) The code shall prohibit bullying. 20
(d) The code shall prohibit discrimination on the basis of race as defined in 21
Section 1 of this Act. 22
(e)[(d)] The code shall contain the standard of behavior expected from ea ch 23
student, the consequences of failure to obey the standards, and the importance 24
of the standards to the maintenance of a safe learning environment where 25
orderly learning is possible and encouraged. 26
(f)[(e)] The code shall contain: 27
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1. Procedures for ident ifying, documenting, and reporting incidents of 1
bullying, incidents of violations of the code, and incidents for which 2
reporting is required under KRS 158.156; 3
2. Procedures for investigating and responding to a complaint or a report of 4
bullying or a violation of the code, or of an incident for which reporting 5
is required under KRS 158.156, including reporting incidents to the 6
parents or guardians of the students involved; 7
3. A strategy or method of protecting a complainant or person reporting: 8
a. An incident of bullying; 9
b. A violation of the code; or 10
c. An incident for which reporting is required under KRS 158.156; 11
from retaliation; 12
4. A process for informing students, parent s or guardians, and school 13
employees of the requirements of the code and the provisions of this 14
section and KRS 158.156, 158.444, 525.070, and 525.080, including 15
training for school employees; and 16
5. Information regarding the consequences of bullying and v iolating the 17
code and violations reportable under KRS 158.155, 158.156, or 158.444. 18
(g)[(f)] The principal of each school shall apply the code of acceptable behavior 19
and discipline uniformly and fairly to each student at the school without 20
partiality or discrimination. 21
(h)[(g)] A copy of the code of acceptable behavior and discipline adopted by the 22
board of education shall be posted at each school. Guidance counselors shall 23
be provided copies for discussion with students. The code shall be referenced 24
in all school handbooks. All school employees and parents or guardians shall 25
be provided copies of the code. 26
(6) (a) Each local board of education shall adopt a transportation services policy to 27
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apply to students while on transportation provided for or by the district, and to 1
their parents or guardians. The policy shall be updated no less frequently than 2
every two (2) years [, with the first update being completed by the first 3
instructional day of the 2024-2025 school year]. 4
(b) The superintendent or designee shal l be responsible for overall 5
implementation and supervision. The board shall select and implement the 6
appropriate discipline and transportation management techniques necessary to 7
carry out the policy. The board shall establish a process for a two -way 8
communication system for bus drivers and other employees, volunteers, or 9
contractors to notify a supervisor, superintendent, or other administrator of an 10
emergency. 11
(c) The policy shall contain the standard of behavior expected from each student 12
while being tra nsported by or for the district and the consequences of failure 13
to obey the standards. The policy shall include: 14
1. Procedures for identifying, documenting, and reporting incidents of 15
bullying, incidents of violations of the policy, and incidents for which 16
reporting is required under KRS 158.156; 17
2. Procedures for investigating and responding to a complaint or a report of 18
bullying or a violation of the policy, or of an incident for which 19
reporting is required under KRS 158.156, including reporting incidents 20
to the parents or guardians of the students involved; 21
3. A strategy or method of protecting a complainant or person reporting a 22
violation of the policy from retaliation; 23
4. When a student is alleged by an operator of transportation to have 24
committed a vio lation of the policy that places the student or others at 25
risk of physical harm or otherwise makes it unsafe for the driver to 26
continue transporting students, and as permitted by state and federal law, 27
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a process that allows the operator of the vehicle to: 1
a. Refuse further transportation of the student at the time of the 2
incident, upon notification of the emergency pursuant to paragraph 3
(b) of this subsection, and transfer the student to: 4
i. An appropriate district official who has reported to the 5
location of the vehicle; 6
ii. An appropriate district official located at a location 7
designated in the transportation services policy or by an 8
appropriate district official, including but not limited to a bus 9
compound or transfer station; 10
iii. Law enforcement; or 11
iv. The student's parent or guardian; and 12
b. Upon filing and submitting a written report to the superintendent 13
or designee, refuse future transportation of the student until an 14
interim or final determination of disciplinary action by the 15
superintendent or designee pursuant to local board policy; 16
5. For alleged violations of the policy not covered by subparagraph 4. of 17
this paragraph and submitted by the operator of the vehicle, a 18
requirement that the superintendent or designee issue an interim or final 19
determination of disciplinary action pursuant to local board policy 20
within one (1) week of the report being submitted; 21
6. A process allowing for the operator of a vehicle to: 22
a. File a written or electronic complaint or report of the misconduct, 23
including a reco mmendation regarding revocation of the student's 24
transportation privileges; and 25
b. Be heard during any disciplinary proceedings against a student 26
relating, at least in part, to misconduct that occurred during the 27
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operator's transportation of the student; 1
7. A requirement that any recommendation by the operator of a vehicle 2
shall be considered by the superintendent or designee as a factor in the 3
interim or final determination of disciplinary action on the complaint or 4
report; 5
8. A requirement that the operat or of a vehicle, to the extent permitted by 6
law, receive written notice from the superintendent or designee of the 7
investigation, disciplinary action imposed, and reasoning in response to 8
the reported misconduct; and 9
9. A disciplinary structure that provides for: 10
a. Interventions or disciplinary consequences that reflect the severity 11
of the violation; and 12
b. Increased intervention and consequences upon subsequent 13
violations of the policy. 14
(d) The policy shall contain the standard of behavior expected from parents or 15
guardians of students being transported by or for the district while interacting 16
with district transportation staff and the consequences of failure to follow the 17
standards. The policy shall include: 18
1. Procedures for investigating and responding to a complaint or report 19
made by an operator of transportation alleging parent or legal guardian 20
misconduct; 21
2. A requirement that the operator of a vehicle be provided an opportunity 22
to be heard and to make a recommendation regarding future 23
transportation of the student during any disciplinary proceedings 24
relating, at least in part, to alleged misconduct by the student's parent or 25
guardian and the impact upon a student's transportation privileges; and 26
3. An intervention or consequences structure that provides for the 27
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placement of conditions upon or revocation of a student's transportation 1
privileges based upon parent or guardian misconduct that provides for: 2
a. Interventions or consequences that reflect the severity of the parent 3
or guardian's misconduct; and 4
b. Increased intervention and consequences upon subsequent 5
violations of the policy. 6
(e) The policy shall include references to relevant criminal violations based on 7
potential misconduct covered by the policy, including but not limited to the 8
following statements: 9
1. "KRS 511.020 makes it a Class B felony for a person, with the intent to 10
commit a crime, knowingly entering or remaining unlawfully upon a 11
school bus, and when in effecting ent ry or while upon the school bus or 12
in the immediate flight therefrom, the person or another participant in 13
the crime causes physical injury to another person or uses or threatens 14
the use of a dangerous instrument against another person."; 15
2. "KRS 508.078 m akes it a Class C felony for a person to intentionally 16
threaten to commit any act likely to result in death or serious physical 17
injury to any employee of an elementary or secondary school, which 18
includes a school bus driver."; 19
3. "KRS 508.025 makes it a Cl ass D felony for a person to recklessly, with 20
a deadly weapon or dangerous instrument, or intentionally cause or 21
attempt to cause physical injury to a school bus driver or other school 22
employee acting in the course and scope of their employment."; 23
4. "KRS 519.020 makes it a Class A misdemeanor for a person to obstruct 24
governmental operations, which includes intentionally obstructing, 25
impairing, or hindering the performance of a governmental function by 26
using or threatening to use violence, force or physical interference."; and 27
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5. "KRS 525.070 makes it a Class B misdemeanor for a person, with intent 1
to intimidate, harass, annoy, or alarm another person, to strike, shove, 2
kick, or otherwise subject another to physical contact.". 3
(f) The policy shall include a process for an operator of a vehicle, upon the 4
reinstatement of a student's transportation privileges after an interim or final 5
determination of disciplinary action, to elect to receive an alternate route 6
assignment in lieu of transporting the student. 7
(g) The superintendent or designee of each district shall apply the transportation 8
services policy uniformly and fairly to each student without partiality or 9
discrimination. 10
(h) The superintendent or designee shall require every student in the district and 11
at least one (1) parent or guardian of each student to acknowledge in writing 12
the receipt, comprehension, and agreement of adherence to the transportation 13
safety policy within seven (7) days of the student's first day of attendance 14
during each school year. F ailure to submit written acknowledgement by a 15
student or their parent or guardian may be grounds for revocation of a 16
student's transportation privileges until the acknowledgment is properly 17
received. 18
(7) Any action under this section related to students wi th disabilities shall be in 19
compliance with applicable federal law. 20
Section 3. This Act may be cited as the C.R.O.W.N. Act. 21