AN ACT relating to materials, programs, or events alleged to be harmful to minors.

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AN ACT relating to materials, programs, or events alleged to be harmful to minors. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 158.192 is amended to read as follows: 3
(1) As used in this section, "harmful to minors" means materials, programs, or events 4
that: 5
(a) Contain the exposure, in an obscene manner, of the unclothed or apparently 6
unclothed human male or female genitals, pubic area, or buttocks or the 7
female breast, or visual depictions of sexual acts or simulations of sexual acts, 8
or explicit written descriptions of sexual acts; 9
(b) Taken as a whole, appeal to the prurient interest in sex; or 10
(c) Are patently offensive to prevailing standards regarding what is suitable for 11
minors. 12
(2) [No later than July 1, 2023, ] Each local board of education shall adopt a complaint 13
resolution policy for its local schools to be used to address complaints submitted by 14
parents or guardians alleging that material, a program, or an event that is harmful to 15
minors has been provided or i s currently available to a student enrolled in the local 16
school district who is the child of the parent or guardian. The complaint resolution 17
process shall require that: 18
(a) Complaints be submitted in writing to the principal of the school where the 19
student is enrolled; 20
(b) Complaints provide the name of the complainant, a reasonably detailed 21
description of the material, program, or event that is alleged to be harmful to 22
minors, and how the material, program, or event is believed to be harmful to 23
minors; 24
(c) Within seven (7) business days of receiving a written complaint, the school 25
principal shall review the complaint and take reasonable steps to investigate 26
the allegations in the complaint, including but not limited to reviewing the 27
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material, program, or event that is alleged to be harmful to minors; 1
(d) The school principal shall determine whether the material, program, or event 2
that is the subject of the complaint is harmful to minors; 3
(e) The school principal shall determine whether student access to mat erial that is 4
the subject of the complaint shall remain, be restricted, or be removed; 5
(f) The school principal shall determine whether a program or event that is the 6
subject of the complaint shall be eligible for future participation by students in 7
the school; 8
(g) Within ten (10) business days of receiving the complaint, unless another 9
schedule is mutually agreed to by the parent or guardian and the school 10
principal, the school principal shall confer with the parent or guardian and 11
inform him or her whethe r the material, program, or event that is the subject 12
of the complaint was determined to be harmful to minors and what the 13
resolution will be in accordance with paragraphs (e) and (f) of this subsection; 14
(h) Appeals of the school principal's determination provided for in paragraphs (d), 15
(e), and (f) of this subsection shall: 16
1. Be subject to full administrative and substantive review by the local 17
board of education and shall not be delegated; 18
2. Include an opportunity for the parent or guardian to provide input during 19
public comment at a local board of education meeting , including an 20
opportunity for a parent or guardian to orally recite passages from 21
material, a program, or an event that is the subject of the appeal; 22
3. Be completed within thirty (30) calend ar days of receiving the written 23
appeal unless another time frame is mutually agreed upon by the parent 24
or guardian and the local board of education; and 25
4. Be discussed and voted on during a meeting of the local board of 26
education subject to the open reco rds and open meeting requirements 27
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under KRS Chapter 61; 1
(i) The board shall immediately determine the material, program, or event to be 2
harmful to minors and require its removal if the board: 3
1. Denies a parent or guardian the opportunity to orally recite passages 4
from material, a program, or an event as required by paragraph (h)2. 5
of this subsection; or 6
2. Deems the passage from material, a program, or an event to be 7
inappropriate to recite at a board of education meeting; 8
(j) The board's final disposition of the appeal shall be made in writing and shall 9
state whether the material, program, or event was determined to be harmful to 10
minors and whether student access to the material will remain, be restricted, 11
or be removed and whether the program or event sha ll be eligible for future 12
participation by students in the school; and 13
(k)[(j)] Within fifteen (15) business days from the date of a final disposition, the 14
title of the material or a description of the program or event submitted for 15
appeal pursuant to para graph (h) of this subsection, whether the material, 16
program, or event was determined to be harmful to minors, whether student 17
access to the material will remain, be restricted, or be removed or whether the 18
program or event shall be eligible for future part icipation by students in the 19
school, and the vote cast by each individual board member shall: 20
1. Be published on the website of the local board of education where it 21
shall remain available for review; and 22
2. Be published in the newspaper with the largest circulation in the county. 23
(3) (a) A parent or guardian may request in writing to the school, after final 24
disposition is determined by the board as provided for in subsection 25
(2)(j)[(2)(i)] of this section, that the school ensure his or her student does not 26
have access to the material, program, or event that the parent or guardian 27
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believes to be harmful to minors but was allowed to remain or be eligible for 1
future participation. 2
(b) The school shall ensure that the student whose parent or guardian has made a 3
request as provided for in paragraph (a) of this subsection does not have 4
access to the material or is not allowed to participate in the program or event 5
that the parent or guardian believes to be harmful to minors. 6
(4) A parent or guardian not having fil ed the appeal may request in writing access to 7
the appealed materials, programs, or events for review and shall abide by the 8
school's and district's policies and procedures when requesting and reviewing such 9
information. 10
(5) [No later than May 1, 2023, ] The Department of Education shall promulgate a 11
model policy for a complaint resolution process that meets the requirements of 12
subsections (2), (3), and (4) of this section. 13