AN ACT relating to discipline of students.

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AN ACT relating to discipline of students. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 158.150 is amended to read as follows: 3
(1) All students admitted to the common schools shall comply with the lawful 4
regulations for the government of the schools: 5
(a) Willful disobedience or defiance of the authority of the teacher s or 6
administrators, use of profanity or vulgarity, assault or battery or abuse of 7
other students, the threat of force or violence, the use or possession of alcohol 8
or drugs, stealing or destruction or defacing of school property or personal 9
property of students, the carrying or use of weapons or dangerous instruments, 10
or other incorrigible bad conduct on school property, as well as off school 11
property at school -sponsored activities, constitutes cause for suspension or 12
expulsion from school; and 13
(b) Assault or battery or abuse of school personnel; stealing or willfully or 14
wantonly defacing, destroying, or damaging the personal property of school 15
personnel on school property, off school property, or at school -sponsored 16
activities constitutes cause for suspension or expulsion from school. 17
(2) (a) Each local board of education shall adopt a policy requiring the expulsion 18
from school for a period of at least twelve (12) months for a student who: 19
1. Is determined by the board through clear and convincing evidence to 20
have made threats that pose a dange r to the well -being of students, 21
faculty, or staff of the district; or 22
2. Is determined by the board to have brought a weapon to a school under 23
its jurisdiction. In determining whether a student has brought a weapon 24
to school, a local board of education shall use the definition of "unlawful 25
possession of a weapon on school property" stated in KRS 527.070. 26
(b) The board shall also adopt a policy requiring disciplinary actions, up to and 27
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including expulsion from school, for a student who is determined by the board 1
to have: 2
1. Possessed prescription drugs or controlled substances for the purpose of 3
sale or distribution at a school under the board's jurisdiction; 4
2. Physically assaulted or battered or abused educational personnel or other 5
students at a school or school function under the board's jurisdiction; or 6
3. Physically assaulted, battered, or abused educational personnel or other 7
students off school property and the incident is likely to substantially 8
disrupt the educational process. 9
(3) (a) The board may modify the expulsion requirement and length for students on a 10
case-by-case basis, except the length of expulsion shall be at least twelve (12) 11
months for a violation set forth in subsection (2)(a) of this section. 12
(b) Nothing in this section shall prohibit a board from expelling a student for 13
longer than twelve (12) months. 14
(c) A board that has expelled a student from the student's regular school setting 15
shall provide or ensure that educational services are provided to the student in 16
an appropriate alternat ive program or setting, unless the board has made a 17
determination, on the record, supported by clear and convincing evidence, that 18
the expelled student posed a threat to the safety of other students or school 19
staff and could not be placed into a state -funded agency program. Behavior 20
which constitutes a threat shall include but not be limited to the physical 21
assault, battery, or abuse of others; the threat of physical force; being under 22
the influence of drugs or alcohol; the use, possession, sale, or transfer of drugs 23
or alcohol; the carrying, possessing, or transfer of weapons or dangerous 24
instruments; and any other behavior which may endanger the safety of others. 25
Other intervention services as indicated for each student may be provided by 26
the board or by agreement with the appropriate state or community agency. A 27
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state agency that provides the service shall be responsible for the cost. 1
(d) 1. In lieu of expelling a student, or upon the expiration of a student's 2
expulsion, a superintendent may place a studen t into an alternative 3
program or setting if the superintendent determines placement of the 4
student in his or her regular school setting is likely to substantially 5
disrupt the education process or constitutes a threat to the safety of other 6
students or scho ol staff. The action shall not be taken until the parent, 7
guardian, or other person having legal custody or control of the student 8
has had an opportunity to have a hearing before the board or an appeals 9
committee as described in subparagraph 2. of this paragraph. 10
2. The board may adopt a policy to establish an appeals committee and 11
delegate the authority to hear appeals made under this paragraph to that 12
committee. 13
3. The alternative program or setting may be provided virtually. 14
4. Notwithstanding any other statute or administrative regulation to the 15
contrary, students placed in an alternative program or setting under this 16
paragraph shall be counted in attendance and membership for state 17
funding purposes in the same manner as other students participating in 18
alternative programs of the district. 19
5. Students placed in an alternative program or setting under this paragraph 20
shall be subject to compulsory attendance requirements under KRS 21
Chapter 159 and applicable local board policy. 22
6. Following the initial alter native placement of a student under this 23
paragraph, the board shall review the alternative program or setting 24
placement at least once per year and determine if the placement should 25
be continued in accordance with subparagraph 1. of this paragraph. 26
(4) For purposes of this subsection, "charges" means substantiated behavior that falls 27
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within the grounds for suspension or expulsion enumerated in subsection (1) of this 1
section, including behavior committed by a student while enrolled in a private or 2
public scho ol, or in a school within another state. A school board may adopt a 3
policy providing that, if a student is suspended or expelled for any reason or faces 4
charges that may lead to suspension or expulsion but withdraws prior to a hearing 5
from any public or pr ivate school in this or any other state, the receiving district 6
may review the details of the charges, suspension, or expulsion and determine if the 7
student will be admitted, and if so, what conditions may be imposed upon the 8
admission, which may include p lacement of the student into an alternative program 9
or setting as described in subsection (3)(d) of this section. 10
(5) (a) School administrators, teachers, or other school personnel may immediately 11
remove or cause to be removed threatening or violent studen ts from a 12
classroom setting or from the district transportation system pending any 13
further disciplinary action that may occur. Each board of education shall adopt 14
a policy to assure the implementation of this section and to assure the safety 15
of the students and staff. 16
(b) Except as described in subsection (10) of this section: 17
1. When a student violates a school behavior policy and is disruptive to 18
the classroom environment and education process, a teacher may 19
immediately remove or cause to be removed the s tudent from the 20
classroom, and the student shall not reenter the same classroom for 21
the remainder of the school day without the agreement of the teacher 22
and the principal or assistant principal [A principal may establish 23
procedures for a student's removal f rom and reentry to the classroom 24
when the student's behavior disrupts the classroom environment and 25
education process or the student challenges the authority of a 26
supervising adult]. In addition to removal, the student shall be subject to 27
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further disciplin e for the behavior consistent with the school's code of 1
conduct. 2
2. A student who is removed from the same classroom three (3) times 3
within a thirty (30) day period shall be considered chronically disruptive 4
and may be suspended from school in accordance w ith this section, and 5
no other basis for suspension shall be deemed necessary. 6
3. At any time during the school year, for a student who has been removed 7
from the classroom under this paragraph, a principal may require a 8
review of the classroom issues with the teacher and the parent, guardian, 9
or other person having legal custody or control of the student and 10
determine a course of action for the teacher and student regarding the 11
student's continued placement in the classroom. 12
4. At any time during the school year, a principal may permanently remove 13
a student from a classroom for the remainder of the school year if the 14
principal determines the student's continued placement in the classroom 15
will chronically disrupt the education process for other students. 16
5. When a student is removed from a classroom under this paragraph 17
temporarily or permanently, the principal shall determine the placement 18
of the student in lieu of that classroom, which may include but is not 19
limited to: 20
a. Another classroom in that school; or 21
b. An alternative program or setting, which may be provided 22
virtually, as approved by the superintendent. 23
6. Any perma nent action by a principal under this paragraph shall be 24
subject to an appeal process in accordance with a policy adopted by the 25
board. 26
7. Policies compliant with this paragraph shall be included in the code of 27
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behavior and discipline adopted by the board of education under KRS 1
158.148 and the policies adopted by the school council under KRS 2
160.345. 3
(6) A student shall not be suspended from the common schools until after at least the 4
following due process procedures have been provided: 5
(a) The student has been given oral or written notice of the charge or charges 6
against him or her which constitute cause for suspension; 7
(b) The student has been given an explanation of the evidence of the charge or 8
charges if the student denies them; and 9
(c) The student has been given an opportunity to present his or her own version of 10
the facts relating to the charge or charges. 11
These due process procedures shall precede any suspension from the common 12
schools unless immediate suspension is essential to protect persons or property or to 13
avoid disruption of the ongoing academic process. In such cases, the due process 14
procedures outlined above shall follow the suspension as soon as practicable, but no 15
later than three (3) school days after the suspension. 16
(7) (a) The superinten dent, principal, assistant principal, or head teacher of any 17
school may suspend a student but shall report the action in writing 18
immediately to the superintendent and to the parent, guardian, or other person 19
having legal custody or control of the student. 20
(b) 1. The board of education of any school district may expel or extend the 21
expulsion of any student for misconduct as described in subsection (1) 22
of this section, but the action shall not be taken until the parent, 23
guardian, or other person having legal custody or control of the student 24
has had an opportunity to have a hearing before the board. The decision 25
of the board shall be final. 26
2. Within thirty (30) days prior to the end of a student's expulsion, the 27
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board shall review the details of the expulsion and current factors and 1
circumstances, including if ending the expulsion will substantially 2
disrupt the education process or constitute a threat to the safety of 3
students or school staff, to determine if the expulsion shall be extended 4
for a period not to exceed twelve (12) months. 5
3. The expulsion review process shall be used prior to the end of each 6
expulsion period until the board ends the expulsion or the student is no 7
longer subject to compulsory attendance under KRS 159.010. 8
4. Each board of educatio n shall adopt a policy for implementation of the 9
process described in this paragraph. 10
(8) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be 11
considered a change of educational placement if: 12
1. The child is removed for more than ten (10) consecutive days during a 13
school year; or 14
2. The child is subjected to a series of removals that constitute a pattern 15
because the removals accumulate to more than ten (10) school days 16
during a school year and because of other factors, such as the len gth of 17
each removal, the total amount of time the child is removed, and the 18
proximity of removals to one another. 19
(b) The admissions and release committee shall meet to review the placement and 20
make a recommendation for continued placement or a change in p lacement 21
and determine whether regular suspension or expulsion procedures apply. 22
Additional evaluations shall be completed, if necessary. 23
(c) If the admissions and release committee determines that an exceptional child's 24
behavior is related to his or her disability, the child shall not be suspended any 25
further or expelled unless the current placement could result in injury to the 26
child, other children, or the educational personnel, in which case an 27
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appropriate alternative placement shall be provided that wi ll provide for the 1
child's educational needs and will provide a safe learning and teaching 2
environment for all. If the admissions and release committee determines that 3
the behavior is not related to the disability, the local educational agency may 4
pursue i ts regular suspension or expulsion procedure for the child, if the 5
behavior so warrants. However, educational services shall not be terminated 6
during a period of expulsion and during a suspension after a student is 7
suspended for more than a total of ten (1 0) days during a school year. A 8
district may seek temporary injunctive relief through the courts if the parent 9
and the other members of the admissions and release committee cannot agree 10
upon a placement and the current placement will likely result in injur y to the 11
student or others. 12
(9) Suspension of primary school students shall be considered only in exceptional cases 13
where there are safety issues for the child or others. 14
(10) Any action under this section related to students with disabilities shall be in 15
compliance with applicable federal law. 16
(11) Nothing in this section shall be interpreted or construed to preclude the 17
requirements contained in KRS 158.305 or 158.4416. 18