AN ACT relating to children.

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AN ACT relating to children. 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:[ ] 25
a. Use the definition of "unlawful possession of a weapon on school 26
property" described[stated] in KRS 527.070; and 27
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b. Include bus stops; or 1
3. Is in grade six (6) to twelve (12) and is determined by the board to 2
have recklessly, with a deadly we apon or dangerous instrument, or 3
intentionally caused or attempted to cause physical injury to a school 4
district employee on school property or at a school function under the 5
board's jurisdiction. In considering the actions of a student under this 6
subparagraph, a local board of education shall use the definitions of 7
"dangerous instrument," "deadly weapon," and "physical injury" in 8
KRS 500.080, and "intentionally" and "recklessly" in KRS 501.020. 9
(b) The board shall also adopt a policy requiring disciplinary actions, up to and 10
including expulsion from school, for a student who is determined by the board 11
to have: 12
1. Possessed prescription drugs or controlled substances for the purpose of 13
sale or distribution at a school under the board's jurisdiction; 14
2. Physically assaulted, [or ]battered, or abused another student on school 15
property, at a bus stop, or at a school function[educational personnel or 16
other students at a school or school function] under the board's 17
jurisdiction; or 18
3. Physically assaulted, battere d, or abused school[educational] personnel 19
or other students off school property and the incident is likely to 20
substantially disrupt the educational process. 21
(c) As used in this subsection: 22
1. "Bus stop" means a location where students wait for, board, or 23
disembark a school bus of the school district while those actions are 24
occurring; and 25
2. "School personnel" shall not include a student who is employed by a 26
school or enrolled in any school-based apprenticeship program. 27
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(3) (a) The board may modify the expulsion requirement and length for students on a 1
case-by-case basis, except the length of expulsion shall be at least twelve (12) 2
months for a violation set forth in subsection (2)(a) of this section. 3
(b) [Nothing in ] This section shall not prohibit a board from expelling a student 4
for longer than twelve (12) months. 5
(c) 1. A board that has expelled a student from the student's regular school 6
setting shall provide or ensure that educational services are provided to 7
the student in an appropriate alternative pr ogram or setting, unless the 8
board has made a determination, on the record, supported by clear and 9
convincing evidence, that the expelled student posed a threat to the 10
safety of other students or school staff and could not be placed into 11
an[a] appropriate alternative program or setting [state-funded agency 12
program]. Behavior which constitutes a threat shall include but not be 13
limited to the physical assault, battery, or abuse of others; the threat of 14
physical force; being under the influence of drugs or alco hol; the use, 15
possession, sale, or transfer of drugs or alcohol; the carrying, possessing, 16
or transfer of weapons or dangerous instruments; and any other behavior 17
which may endanger the safety of others. Other intervention services as 18
indicated for each st udent may be provided by the board or by 19
agreement with the appropriate state or community agency. The board 20
may refer the student for evaluation or treatment by the appropriate 21
state or community agency, and may provide other intervention as 22
indicated for each student. A state agency that provides the service 23
shall be responsible for the cost. 24
2. For purposes of this paragraph, "appropriate alternative program or 25
setting" means a program or setting that is not in the school building 26
the student would otherwise attend, and includes but is not limited to a 27
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virtual program as defined in KRS 157.320 and a state -funded agency 1
program. 2
3. Educational services provided to an expelled student under this 3
paragraph shall not include transportation from the student's 4
residence to, or returning from, an appropriate alternative program or 5
setting. 6
4. An expelled student shall not participate in any school -sponsored 7
extracurricular or interscholastic activity of the district while the 8
student is expelled. 9
(d) 1. In lieu o f expelling a student, or upon the expiration of a student's 10
expulsion, a superintendent may place a student into an alternative 11
program or setting if the superintendent determines placement of the 12
student in his or her regular school setting is likely to substantially 13
disrupt the education process or constitutes a threat to the safety of other 14
students or school staff. The action shall not be taken until the parent, 15
guardian, or other person having legal custody or control of the student 16
has had an opportu nity to have a hearing before the board or an appeals 17
committee as described in subparagraph 2. of this paragraph. 18
2. The board may adopt a policy to establish an appeals committee and 19
delegate the authority to hear appeals made under this paragraph to tha t 20
committee. 21
3. The alternative program or setting may be provided virtually. 22
4. Notwithstanding any other statute or administrative regulation to the 23
contrary, students placed in an alternative program or setting under this 24
paragraph shall be counted in a ttendance and membership for state 25
funding purposes in the same manner as other students participating in 26
alternative programs of the district. 27
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5. Students placed in an alternative program or setting under this paragraph 1
shall be subject to compulsory atte ndance requirements under KRS 2
Chapter 159 and applicable local board policy. 3
6. Following the initial alternative placement of a student under this 4
paragraph, the board shall review the alternative program or setting 5
placement at least once per year and de termine if the placement should 6
be continued in accordance with subparagraph 1. of this paragraph. 7
(4) For purposes of this subsection, "charges" means substantiated behavior that falls 8
within the grounds for suspension or expulsion enumerated in subsection (1) of this 9
section, including behavior committed by a student while enrolled in a private or 10
public school, or in a school within another state. A school board may adopt a 11
policy providing that, if a student is suspended or expelled for any reason or faces 12
charges that may lead to suspension or expulsion but withdraws prior to a hearing 13
from any public o r private school in this or any other state, the receiving district 14
may review the details of the charges, suspension, or expulsion and determine if the 15
student will be admitted, and if so, what conditions may be imposed upon the 16
admission, which may include placement of the student into an alternative program 17
or setting as described in subsection (3)(d) of this section. 18
(5) (a) School administrators, teachers, or other school personnel may immediately 19
remove or cause to be removed threatening or violent st udents from a 20
classroom setting or from the district transportation system pending any 21
further disciplinary action that may occur. Each board of education shall adopt 22
a policy to assure the implementation of this section and to assure the safety 23
of the students and staff. 24
(b) Except as described in subsection (10) of this section: 25
1. A principal may establish procedures for a student's removal from and 26
reentry to the classroom when the student's behavior disrupts the 27
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classroom environment and education proc ess or the student challenges 1
the authority of a supervising adult. In addition to removal, the student 2
shall be subject to further discipline for the behavior consistent with the 3
school's code of conduct;[.] 4
2. A student who is removed from the same class room three (3) times 5
within a thirty (30) day period shall be considered chronically disruptive 6
and may be suspended from school in accordance with this section, and 7
no other basis for suspension shall be deemed necessary;[.] 8
3. At any time during the school year, for a student who has been removed 9
from the classroom under this paragraph, a principal may require a 10
review of the classroom issues with the teacher and the parent, guardian, 11
or other person having legal custody or control of the student and 12
determine a course of action for the teacher and student regarding the 13
student's continued placement in the classroom;[.] 14
4. At any time during the school year, a principal may permanently remove 15
a student from a classroom for the remainder of the school year if the 16
principal determines the student's continued placement in the classroom 17
will chronically disrupt the education process for other students;[.] 18
5. When a student is removed from a classroom under this paragraph 19
temporarily or permanently, the principa l shall determine the placement 20
of the student in lieu of that classroom, which may include but is not 21
limited to: 22
a. Another classroom in that school; or 23
b. An alternative program or setting, which may be provided 24
virtually, as approved by the superintendent;[.] 25
6. Any permanent action by a principal under this paragraph shall be 26
subject to an appeal process in accordance with a policy adopted by the 27
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board; and[.] 1
7. Policies compliant with this paragraph shall be included in the code of 2
behavior and disci pline adopted by the board of education under KRS 3
158.148 and the policies adopted by the school council under KRS 4
160.345. 5
(6) A student shall not be suspended from the common schools until after at least the 6
following due process procedures have been provided: 7
(a) The student has been given oral or written notice of the charge or charges 8
against him or her which constitute cause for suspension; 9
(b) The student has been given an explanation of the evidence of the charge or 10
charges if the student denies them; and 11
(c) The student has been given an opportunity to present his or her own version of 12
the facts relating to the charge or charges. 13
These due process procedures shall precede any suspension from the common 14
schools unless immediate suspension is essential to protect persons or property or to 15
avoid disruption of the ongoing academic process. In such cases, the due process 16
procedures outlined above shall follow the suspension as soon as practicable, but no 17
later than three (3) school days after the suspension. 18
(7) (a) The superintendent, principal, assistant principal, or head teacher of any 19
school may suspend a student but shall report the action in writing 20
immediately to the superintendent and to the parent, guardian, or other person 21
having legal custody or control of the student. 22
(b) 1. The board of education of any school district may expel or extend the 23
expulsion of any student for misconduct as described in subsection (1) 24
of this section, but the action shall not be taken until the parent, 25
guardian, or other person having legal custody or control of the student 26
has had an opportunity to have a hearing before the board. The decision 27
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of the board shall be final. 1
2. Within thirty (30) days prior to the end of a student's expulsion, the 2
board shall review t he details of the expulsion and current factors and 3
circumstances, including if ending the expulsion will substantially 4
disrupt the education process or constitute a threat to the safety of 5
students or school staff, to determine if the expulsion shall be e xtended 6
for a period not to exceed twelve (12) months. 7
3. The expulsion review process shall be used prior to the end of each 8
expulsion period until the board ends the expulsion or the student is no 9
longer subject to compulsory attendance under KRS 159.010. 10
4. Each board of education shall adopt a policy for implementation of the 11
process described in this paragraph. 12
(8) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be 13
considered a change of educational placement if: 14
1. The child i s removed for more than ten (10) consecutive days during a 15
school year; or 16
2. The child is subjected to a series of removals that constitute a pa ttern 17
because the removals accumulate to more than ten (10) school days 18
during a school year and because of other factors, such as the length of 19
each removal, the total amount of time the child is removed, and the 20
proximity of removals to one another. 21
(b) The admissions and release committee shall meet to review the placement and 22
make a recommendation for continued placement or a change in placement 23
and determine whether regular suspension or expulsion procedures apply. 24
Additional evaluations shall be completed, if necessary. 25
(c) If the admissions and release committee determines that an exceptional child's 26
behavior is related to his or her disability, the child shall not be suspended any 27
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further or expelled unless the current placement could result in injur y to the 1
child, other children, or the educational personnel, in which case an 2
appropriate alternative placement shall be provided that will provide for the 3
child's educational needs and will provide a safe learning and teaching 4
environment for all. If the admissions and release committee determines that 5
the behavior is not related to the disability, the local educational agency may 6
pursue its regular suspension or expulsion procedure for the child, if the 7
behavior so warrants. However, educational services shall not be terminated 8
during a period of expulsion and during a suspension after a student is 9
suspended for more than a total of ten (10) days during a school year. A 10
district may seek temporary injunctive relief through the courts if the parent 11
and the other members of the admissions and release committee cannot agree 12
upon a placement and the current placement will likely result in injury to the 13
student or others. 14
(9) Suspension of primary school students shall be considered only in exceptional cases 15
where there are safety issues for the child or others. 16
(10) Any action under this section related to students with disabilities shall be in 17
compliance with applicable federal law. 18
(11) [Nothing in ] This section shall not be interpreted or construed to preclu de the 19
requirements contained in KRS 158.305 or 158.4416. 20
(12) Notwithstanding the term of an expulsion established under this section or by the 21
board, an expelled student shall be allowed to return to the school district subject 22
to the following: 23
(a) At l east twenty -six (26) weeks shall have passed since the student was 24
expelled; 25
(b) The student was expelled pursuant to subsection (2)(a)3. of this section and 26
had not previously been expelled; 27
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(c) The expelled student shall have: 1
1. Written and submitted a letter to any person injured by the actions that 2
resulted in the expulsion and to the adjudicating body established in 3
paragraph (d) of this subsection that requests the end of the student's 4
expulsion; 5
2. Completed a total number of community service hours that is at least 6
equal to fifteen (15) hours for each week since the student was 7
expelled; 8
3. Earned a cumulative grade point average of at least three (3) on any 9
coursework completed since the student was expelled; and 10
4. Any other requirements established by the board; and 11
(d) Upon satisfying all requirements established in paragraphs (a), (b), and (c) 12
of this subsection, an adjudicating body shall review the expelled student's 13
request to end the expulsion. The adjudicating body shall: 14
1. Be composed of the superintendent or designee, the principal or 15
designee, and any individual person injured by the actions that 16
resulted in the expulsion; 17
2. Review the expelled student's request and evidence of satisfying the 18
requirements under paragraphs (a), (b), and (c) of this subsection; 19
and 20
3. Only authorize the end of the student's expulsion upon unanimous 21
agreement of the members of the adjudicating body. 22
Section 2. KRS 158.155 is amended to read as follows: 23
(1) Any school employee who knows or has reasonable cause to believe that a person 24
has made threats or plans of violence which are intended to target a school or 25
students or who knows that a firearm is present on school property in violation of 26
KRS 527.070 shall immediately cause a report to be made pursuant to subsection 27
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(10) of this section. 1
(2) Any school employee shall immediately report pursuant to subsection (10) of this 2
section any act which the employee has a reasonable cause to believe has occurred 3
on school property or at a school-sponsored or sanctioned event involving: 4
(a) Intentional physical injury, or intentional attempt to cause physical injury, 5
as defined in KRS 500.080, of any school employee; 6
(b) Intentional assault resulting in serious physical injury , as defined in KRS 7
500.080; 8
(c)[(b)] A sexual offense; 9
(d)[(c)] Kidnapping; 10
(e)[(d)] Assault with the use of a weapon; 11
(f)[(e)] Possession of a firearm or deadly weapon in violation of the law; 12
(g)[(f)] The use, possession, or sale of a controlled substance in violation of the 13
law; or 14
(h)[(g)] Intentional or wanton damage to property causing a pecuniary loss of 15
five hundred dollars ($500) or more. 16
(3) Any school employee who receives information from a student or other person of 17
conduct which is required to be reported under subsection (1) or (2) of this section 18
shall report the conduct pursuant to subsection (10) of this section , u nless the 19
school employee has cause to believe a student's disability interfered with his or 20
her ability to conform to the student code of conduct. 21
(4) If a student has been adjudicated guilty of an offense specified in this subsection or 22
has been expelled from school for an offense specified in this subsection, prior to a 23
student's admission to any school, the parent, guardian, principal, or other person or 24
agency responsible for a student shall provide to the school a sworn statement or 25
affirmation indicating on a form provided by the Kentucky Board of Education that 26
the student has been adjudicated guilty or expelled from school attendance at a 27
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public or private school in this state or another state for homicide, assault, or an 1
offense in violation of sta te law or school regulations relating to weapons, alcohol, 2
or drugs. The sworn statement or affirmation shall be sent to the receiving school 3
within five (5) working days of the time when the student requests enrollment in the 4
new school. 5
(5) If any student who has been expelled from attendance at a public or private school 6
in this state for homicide, assault, or an offense in violation of state law or school 7
regulations relating to weapons, alcohol, or drugs requests transfer of his or her 8
records, those records shall reflect the charges and final disposition of the expulsion 9
proceedings. 10
(6) If any student who is subject to an expulsion proceeding at a public or private 11
school in this state for homicide, assault, or an offense in violation of state law or 12
school regulations relating to weapons, alcohol, or drugs requests transfer of his or 13
her records to a new school, the records shall not be transferred until that 14
proceeding has been terminated and shall reflect the charges and any final 15
disposition of the expulsion proceedings. 16
(7) [Neither ]The husband -wife privilege of KRE 504 or[nor] any professional -client 17
privilege, including those set forth in KRE 506 and 507, shall not be a ground for 18
refusing to make a report required under this section or for excl uding evidence in a 19
judicial proceeding of the making of a report and of the conduct giving rise to the 20
making of a report. However, the attorney -client privilege of KRE 503 and the 21
religious privilege of KRE 505 are grounds for refusing to make a report o r for 22
excluding evidence as to the report and the underlying conduct. 23
(8) [Nothing in ]This section shall not be construed as to require self-incrimination. 24
(9) A person acting upon reasonable cause in the making of a report under this section 25
in good fait h shall be immune from any civil or criminal liability that might 26
otherwise be incurred or imposed from: 27
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(a) Making the report; and 1
(b) Participating in any judicial proceeding that resulted from the report. 2
(10) Notice required pursuant to this section shall be given to:[ ] 3
(a) Any law enforcement agency created by the local board of education ;[, and 4
to:] 5
(b)[(a)] A local law enforcement agency not created by the local board of 6
education; or 7
(c)[(b)] The Department of Kentucky State Police. 8
(11) (a) A local board of education that has created a law enforcement agency shall 9
designate a local law enforcement agency not created by the local board of 10
education to receive reporting information from the law enforcement 11
agency created by the local board of education. 12
(b) A law enforcement agency created by the local board of education shall file 13
a report each week with the local law enforcement agency designated 14
pursuant to paragraph (a) of this subsection identifying all reports received 15
pursuant to this section b y the law enforcement agency created by the local 16
board of education during the preceding week.[ 17
(11) Any person who intentionally violates the provisions of this section shall be guilty 18
of a: 19
(a) Class B misdemeanor for the first offense; 20
(b) Class A misdemeanor for the second offense; and 21
(c) Class D felony for the third or subsequent offense.] 22
Section 3. KRS 158.990 is amended to read as follows: 23
(1) Any member of a school board who votes to permit entrance to a school of any 24
child not eligible therefor under the provisions of KRS 158.030 shall be fined not 25
less than five dollars ($5) nor more than fifty dollars ($50). 26
(2) Any person who intentionally violates Section 2 of this Act shall be guilty of a: 27
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(a) Class B misdemeanor for the first offense; and 1
(b) Class A misdemeanor for the second or subsequent offense [required to 2
report under KRS 158.155 who fails to report promptly or who refuses to 3
make a report is guilty of a Class A misdemeanor]. 4
Section 4. KRS 159.170 is amended to read as follows: 5
(1) Whenever any child of compulsory school age withdraws from school, the teacher 6
of the student[child] shall ascertain the reason. The fact of the withdrawal and the 7
reason for it shall be immediately transmitted by the teacher to the superintendent 8
of schools of the district in which the school is located. If the student[child] has 9
withdrawn because of change of residence, the next residence shall be ascertained 10
and included in the report. 11
(2) The Kentucky Department of Educatio n shall ensure that the student information 12
system facilitates the collection of student data and the transfer of education records 13
among schools and local districts. 14
(3) Within five (5) days of a student being expelled under Section 1 of this Act, a 15
school district shall enter the expulsion in the student's record within the student 16
information system. 17
(4) A school district shall notify the Kentucky Department of Education when a new 18
student enrolls in a school in the district. 19
(5)[(4)] The Kentucky Depart ment of Education, upon notification of a student's 20
enrollment in a school, shall forward within ten (10) working days all records 21
regarding the student collected under this section to the receiving district. 22