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AN ACT relating to prohibited instruction and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 158.183 is amended to read as follows: 3
(1) Consistent with the Constitutions of the United States of America and the 4
Commonwealth of Kentucky, a student shall have the right to carry out an activity 5
described in any of paragraphs (a) to (j) of subsection (2) of this section, if the 6
student does not: 7
(a) Infringe on the rights of the school to: 8
1. Maintain order and discipline; 9
2. Prevent disruption of the educational process; and 10
3. Determine educational curriculum and assignments; 11
(b) Harass other persons or coerce other persons to participate in the activity; or 12
(c) Otherwise infringe on the rights of other persons. 13
(2) Consistent with the Constitutions of the United States of America and the 14
Commonwealth of Kentucky, and subject to the provisions of subsection (1) of this 15
section, a student shall be permitted to voluntarily: 16
(a) Pray or engage in religious activities in a public school, vocally or silently, 17
alone or with other students to the same extent and under the same 18
circumstances as a student is permitted to vocally or silently reflect, meditate, 19
speak on, or engage in nonreligious matters alone or with other students in the 20
public school; 21
(b) Express religious or political viewpoints in a public school to the same extent 22
and under the same circumstances as a student is permitted to express 23
viewpoints on nonreligious or nonpolitical topics or subjects in the school; 24
(c) Express religious or political viewpoints in classroom, homework, artwork, 25
and other written and oral assignments free from discrimination or penalty 26
based on the religious or political content of the submissions; 27 UNOFFICIAL COPY 22 RS BR 69
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(d) Speak to and attempt to discuss religious or political viewpoints with other 1
students in a public school to the same extent and under the same 2
circumstances as a student is permitted to speak to and attempt to share 3
nonreligious or nonpolitical viewpoints with other students. However, any 4
student may demand that this speech or these attempts to share religious or 5
political viewpoints not be directed at him or her; 6
(e) Distribute religious or political literature in a public school, subject to 7
reasonable time, place, and manner restrictions to the same extent and under 8
the same circumstances as a student is permitted to distribute literature on 9
nonreligious or nonpolitical topics or subjects in the school; 10
(f) Display religious messages on items of clothing to the same extent that a 11
student is permitted to display nonreligious messages on items of clothing; 12
(g) Access public secondary school facilities during noninstructional time as a 13
member of a religious student organization for activities that may include 14
prayer, Bible reading, or other worship exercises to the same extent that 15
members of nonreligious student organizations are permitted access during 16
noninstructional time; 17
(h) Use school media, including the public address system, the school newspaper, 18
and school bulletin boards, to announce student religious meetings to the same 19
extent that a student is permitted to use school media to announce student 20
nonreligious meetings; 21
(i) Meet as a member of a religious student group during noninstructional time in 22
the school day to the same extent that members of nonreligious student groups 23
are permitted to meet, including before and after the school day; and 24
(j) Be absent, in accordance with attendance policy, from a public school to 25
observe religious holidays and participate in other religious practices to the 26
same extent and under the same circumstances as a student is permitted to be 27 UNOFFICIAL COPY 22 RS BR 69
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absent from a public school for nonreligious purposes. 1
(3) (a) Notwithstanding KRS 158.200 to 158.260 and 160.345, consistent with the 2
Constitutions of the United States of America and the Commonwealth of 3
Kentucky, a local board of education or board of a public charter school 4
shall ensure that no public school or public charter school offers any 5
classroom instruction or discussion, formal or informal, or distributes any 6
printed or digital material, including but not limited to textbooks and 7
instructional materials, that promotes any of the following concepts: 8
1. One (1) race, sex, or religion is inherently superior to another race, 9
sex, or religion; 10
2. An individual, by virtue of his or her race, sex, or religion, is 11
inherently racist, sexist, or oppressive, whether consciously or 12
unconsciously; 13
3. An individual should be discriminated against or receive adverse 14
treatment solely or partly because of his or her race, sex, or religion; 15
4. Members of one (1) race, sex, or religion cannot and should not 16
attempt to treat others without respect to race, sex, or religion; 17
5. An individual's moral character is determined by his or her race or 18
sex; 19
6. An individual, by virtue of his or her race, sex, or religion, bears 20
responsibility for actions committed in the past by other members of 21
the same race, sex, or religion; 22
7. Any individual should feel discomfort, guilt, anguish, or any other 23
form of psychological distress on account of his or her race, sex, or 24
religion; or 25
8. Meritocracy or traits such as a hard work ethic are racist, sexist, or 26
oppressive, or were created by members of a particular race or religion 27 UNOFFICIAL COPY 22 RS BR 69
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to oppress members of another race or religion. 1
(b) A school district employee that violates paragraph (a) of this subsection 2
shall be subject to disciplinary action in accordance with KRS 161.120(1)(l). 3
(4) Consistent with its obligations to respect the rights secured by the Constitutions of 4
the United States of America and the Commonwealth of Kentucky, a local board of 5
education shall ensure that: 6
(a) 1. The selection of students to speak at official events is made without 7
regard to the religious or political viewpoint of the student speaker; 8
2. The prepared remarks of the student are not altered before delivery, 9
except in a viewpoint-neutral manner, unless requested by the student. 10
However, student speakers shall not engage in speech that is obscene, 11
vulgar, offensively lewd, or indecent; and 12
3. If the content of the student's speech is such that a reasonable observer 13
may perceive affirmative school sponsorship or endorsement of the 14
student speaker's religious or political viewpoint, the school shall 15
communicate, in writing, orally, or both, that the student's speech does 16
not reflect the endorsement, sponsorship, position, or expression of the 17
school; 18
(b) Religious and political organizations are allowed equal access to public 19
forums on the same basis as nonreligious and nonpolitical organizations; and 20
(c) No recognized religious or political student organization is hindered or 21
discriminated against in the ordering of its internal affairs, selection of leaders 22
and members, defining of doctrines and principles, and resolving of 23
organizational disputes in the furtherance of its mission, or in its 24
determination that only persons committed to its mission should conduct these 25
activities. 26
(5)[(4)] Consistent with its obligations to respect the rights secured by the 27 UNOFFICIAL COPY 22 RS BR 69
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Constitutions of the United States of America and the Commonwealth of Kentucky, 1
a local board of education shall permit public schools in the district to sponsor 2
artistic or theatrical programs that advance students' knowledge of society's cultural 3
and religious heritage, as well as provide opportunities for students to study and 4
perform a wide range of music, literature, poetry, and drama. 5
(6)[(5)] No action may be maintained under KRS 158.181 to 158.187 unless the 6
student has exhausted the following administrative remedies; 7
(a) The student or the student's parent or guardian shall state his or her complaint 8
to the school's principal. The principal shall investigate and take appropriate 9
action to ensure the rights of the student are resolved within seven (7) days of 10
the date of the complaint; 11
(b) If the concerns are not resolved, then the student or the student's parent or 12
guardian shall make a complaint in writing to the superintendent with the 13
specific facts of the alleged violation; 14
(c) The superintendent shall investigate and take appropriate action to ensure that 15
the rights of the student are resolved within thirty (30) days of the date of the 16
written complaint; and 17
(d) Only after the superintendent's investigation and action may a student or the 18
student's parent or legal guardian pursue any other legal action. 19
Section 2. KRS 164.348 is amended to read as follows: 20
(1) For purposes of this section: 21
(a) "Faculty" means any person tasked by a public postsecondary education 22
institution with providing scholarship, academic research, or teaching, 23
regardless of whether the person is compensated by the public postsecondary 24
education institution; and 25
(b) "Student" means an individual currently enrolled in at least one (1) credit hour 26
at a public postsecondary education institution or a student organization 27 UNOFFICIAL COPY 22 RS BR 69
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registered pursuant to the policies of a public postsecondary education 1
institution. 2
(2) Consistent with its obligations to respect the rights secured by the Constitutions of 3
the United States and the Commonwealth of Kentucky, a governing board of a 4
public postsecondary education institution shall adopt policies to ensure that: 5
(a) The institution protects the fundamental and constitutional right of all students 6
and faculty to freedom of expression; 7
(b) The institution grants students and faculty the broadest possible latitude to 8
speak, write, listen, challenge, learn, and discuss any issue; 9
(c) The institution commits to maintaining a marketplace of ideas where the free 10
exchange of ideas is not suppressed because an idea put forth is considered by 11
some or even most of the members of the institution's community to be 12
offensive, unwise, disagreeable, conservative, liberal, traditional, or radical; 13
(d) Students and faculty do not substantially obstruct or otherwise substantially 14
interfere with the freedom of others to express views they reject so that a 15
lively and fearless freedom of debate and deliberation is promoted and 16
protected; 17
(e) The expression of a student's religious or political viewpoints in classroom, 18
homework, artwork, and other written and oral assignments is free from 19
discrimination or penalty based on the religious or political content of the 20
submissions; 21
(f) No student enrolled at a public postsecondary education institution shall be 22
subjected to any classroom instruction or discussion, formal or informal, or 23
printed or digital material, including but not limited to textbooks and 24
instructional materials, that promotes any of the following concepts: 25
1. One (1) race, sex, or religion is inherently superior to another race, 26
sex, or religion; 27 UNOFFICIAL COPY 22 RS BR 69
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2. An individual, by virtue of his or her race, sex, or religion, is 1
inherently racist, sexist, or oppressive, whether consciously or 2
unconsciously; 3
3. An individual should be discriminated against or receive adverse 4
treatment solely or partly because of his or her race, sex, or religion; 5
4. Members of one (1) race, sex, or religion cannot and should not 6
attempt to treat others without respect to race, sex, or religion; 7
5. An individual's moral character is determined by his or her race or 8
sex; 9
6. An individual, by virtue of his or her race, sex, or religion, bears 10
responsibility for actions committed in the past by other members of 11
the same race, sex, or religion; 12
7. Any individual should feel discomfort, guilt, anguish, or any other 13
form of psychological distress on account of his or her race, sex, or 14
religion; or 15
8. Meritocracy or traits such as a hard work ethic are racist, sexist, or 16
oppressive, or were created by members of a particular race or religion 17
to oppress members of another race or religion; 18
(g) 1. The selection of students to speak at official events is made in a 19
viewpoint-neutral manner; 20
2. The prepared remarks of the student are not altered before delivery, 21
except in a viewpoint-neutral manner, unless requested by the student. 22
However, student speakers shall not engage in speech that is obscene, 23
vulgar, offensively lewd, or indecent; and 24
3. If the content of the student's speech is such that a reasonable observer 25
may perceive affirmative institutional sponsorship or endorsement of the 26
student speaker's religious or political viewpoint, the institution shall 27 UNOFFICIAL COPY 22 RS BR 69
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communicate, in writing, orally, or both, that the student's speech does 1
not reflect the endorsement, sponsorship, position, or expression of the 2
institution; 3
(h)[(g)] Student religious and political organizations are allowed equal access to 4
public forums on the same basis as nonreligious and nonpolitical 5
organizations; 6
(i)[(h)] No recognized religious or political student organization is hindered or 7
discriminated against in the ordering of its internal affairs, selection of leaders 8
and members, defining of doctrines and principles, and resolving of 9
organizational disputes in the furtherance of its mission, or in its 10
determination that only persons committed to its mission should conduct such 11
activities; 12
(j)[(i)] Student activity fee funding to a student organization is not denied based 13
on the viewpoints that the student organization advocates; 14
(k)[(j)] The generally accessible, open, outdoor areas of the campus be 15
maintained as traditional public forums for students and faculty to express 16
their views, so that the free expression of students and faculty is not limited to 17
particular areas of the campus often described as "free speech zones"; 18
(l)[(k)] There shall be no restrictions on the time, place, and manner of student 19
speech that occurs in the outdoor areas of campus or is protected by the First 20
Amendment of the United States Constitution, except for restrictions that are: 21
1. Reasonable; 22
2. Justified without reference to the content of the regulated speech; 23
3. Narrowly tailored to serve a compelling governmental interest; and 24
4. Limited to provide ample alternative options for the communication of 25
the information; 26
(m)[(l)] Permit requirements do not prohibit spontaneous outdoor assemblies or 27 UNOFFICIAL COPY 22 RS BR 69
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outdoor distribution of literature, although an institution may adopt a policy 1
that grants members of the university community the right to reserve certain 2
outdoor spaces in advance; 3
(n)[(m)] All students and faculty are allowed to invite guest speakers to campus 4
to engage in free speech regardless of the views of the guest speakers; 5
(o)[(n)] Students are not charged fees based on the content of their speech, the 6
content of the speech of guest speakers invited by students, or the anticipated 7
reaction or opposition of listeners to the speech; and 8
(p)[(o)] The institution does not disinvite a speaker invited by a student, student 9
organization, or faculty member because the speaker's anticipated speech may 10
be considered offensive, unwise, disagreeable, conservative, liberal, 11
traditional, or radical by students, faculty, administrators, government 12
officials, or members of the public. 13
(3) (a) Any person aggrieved by a violation of any policy adopted or required to have 14
been adopted pursuant to subsection (2) of this section shall have a cause of 15
action against the institution, or any of its agents acting in their official 16
capacities, for damages arising from the violation, including reasonable 17
attorney's fees and litigation costs. 18
(b) A claim brought pursuant to this subsection may be asserted in any court of 19
competent jurisdiction within one (1) year of the date the cause of action 20
accrued. The cause of action shall be deemed to have accrued at the point in 21
time the violation ceases or is cured by the institution. 22
(c) Excluding reasonable attorney's fees and litigation costs, any prevailing 23
claimant shall be awarded no less than one thousand dollars ($1,000) but no 24
more than one hundred thousand dollars ($100,000) cumulatively per action. 25
If multiple claimants prevail and the damages awarded would exceed one 26
hundred thousand dollars ($100,000), the court shall divide one hundred 27 UNOFFICIAL COPY 22 RS BR 69
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thousand dollars ($100,000) amongst all prevailing claimants equally. 1
(4) (a) The policies adopted pursuant to subsection (2) of this section shall be made 2
available to students and faculty using the following methods: 3
1. Publishing in the institution's student handbook and faculty handbook, 4
whether paper or electronic; and 5
2. Posting to a prominent location on the institution's Web site. 6
(b) The policies adopted pursuant to subsection (2) of this section may also be 7
made available to students and faculty using the following methods: 8
1. Mailing electronically to students and faculty annually using their 9
institutionally provided e-mail addresses; or 10
2. Including in orientation programs for new students and new faculty. 11
(5) (a) Nothing in this section shall be construed to grant students the right to engage 12
in conduct that intentionally, materially, and substantially disrupts another's 13
expressive activity if that activity is occurring in a campus space previously 14
scheduled or reserved for that activity or under the exclusive use or control of 15
a particular group. 16
(b) Conduct intentionally, materially, and substantially disrupts another's 17
expressive activity if it significantly hinders the expressive activity of another 18
person or group, or prevents the communication of a message or the 19
transaction of a lawful meeting, gathering, or procession by: 20
1. Being of a violent or seriously disruptive nature; or 21
2. Physically blocking or significantly hindering any person from 22
attending, hearing, viewing, or otherwise participating in an expressive 23
activity. 24
(c) Conduct does not intentionally, materially, and substantially disrupt another's 25
expressive activity if the conduct: 26
1. Is protected under the First Amendment to the United States 27 UNOFFICIAL COPY 22 RS BR 69
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Constitution or the Constitution of the Commonwealth of Kentucky, 1
including but not limited to lawful protests and counter-protests in the 2
outdoor areas of campus generally accessible to the public, except 3
during times when those areas have been reserved in advance for other 4
events; or 5
2. Is an isolated occurrence that causes minor, brief, and nonviolent 6
disruptions of expressive activity. 7
Section 3. If any provision of this Act or the application thereof to any person or 8
circumstance is held invalid, the invalidity shall not affect other provisions or 9
applications of the Act that can be given effect without the invalid provision or 10
application, and to this end the provisions of this Act are severable. 11
Section 4. Whereas it is imperative that the racist indoctrination of Kentucky 12
students be eradicated, an emergency is declared to exist, and this Act takes effect upon 13
its passage and approval by the Governor or upon its otherwise becoming a law. 14