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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
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 agencies. 9
(2) "Commission" means the Kentucky Commission on Human Rights. 10
(3) "Commissioner" means a member of the commission. 11
(4) "Disability" means, with respect to an individual: 12
(a) A physical or mental impairment that substantially limits one (1) or more of 13
the major life activities of the individual; 14
(b) A record of such an impairment; or 15
(c) Being regarded as having such an impairment. 16
Persons with current or past controlled substances abuse or alcohol abuse problems 17
and persons excluded from coverage by the Americans with Disabilities Act of 18
1990 (P.L. 101-336) shall be excluded from this section. 19
(5) "Discrimination" means any direct or indirect act or practice of exclusion, 20
distinction, restriction, segregation, limitation, refusal, denial, or any other act or 21
practice of differentiation or preference in the treatment of a person or persons, or 22
the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under 23
this chapter. 24
(6) "Protective hairstyles" includes but is not limited to such hairstyles as braids, 25
locks, and twists. 26
(7) "Real property" includes buildings, structures, real estate, lands, tenements, 27 UNOFFICIAL COPY 22 RS BR 201
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leaseholds, cooperatives, condominiums, and hereditaments, corporeal and 1
incorporeal, or any interest in the above. 2
(8)[(7)] "Housing accommodations" includes improved and unimproved property and 3
means any building, structure, lot or portion thereof, which is used or occupied, or 4
is intended, arranged, or designed to be used or occupied as the home or residence 5
of one (1) or more families, and any vacant land which is offered for sale or lease 6
for the construction or location thereon of any such building or structure. 7
(9)[(8)] "Race" includes traits historically associated with race, including but not 8
limited to hair texture and protective hairstyles. 9
(10) "Real estate operator" means any individual or combination of individuals, labor 10
organizations, joint apprenticeship committees, partnerships, associations, 11
corporations, legal representatives, mutual companies, joint-stock companies, trusts, 12
unincorporated organizations, trustees in bankruptcy, receivers, or other legal or 13
commercial entity, the county, or any of its agencies, that is engaged in the business 14
of selling, purchasing, exchanging, renting, or leasing real estate, or the 15
improvements thereon, including options, or that derives income, in whole or in 16
part, from the sale, purchase, exchange, rental, or lease of real estate; or an 17
individual employed by or acting on behalf of any of these. 18
(11)[(9)] "Real estate broker" or "real estate salesman" means any individual, whether 19
licensed or not, who, on behalf of others, for a fee, commission, salary, or other 20
valuable consideration, or who with the intention or expectation of receiving or 21
collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or 22
the improvements thereon, including options, or who negotiates or attempts to 23
negotiate on behalf of others such an activity; or who advertises or holds himself 24
out as engaged in these activities; or who negotiates or attempts to negotiate on 25
behalf of others a loan secured by mortgage or other encumbrance upon a transfer of 26
real estate, or who is engaged in the business of charging an advance fee or 27 UNOFFICIAL COPY 22 RS BR 201
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contracting for collection of a fee in connection with a contract whereby he 1
undertakes to promote the sale, purchase, exchange, rental, or lease of real estate 2
through its listing in a publication issued primarily for this purpose; or any person 3
employed by or acting on behalf of any of these. 4
(12)[(10)] "Financial institution" means bank, banking organization, mortgage company, 5
insurance company, or other lender to whom application is made for financial 6
assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, 7
maintenance, or improvement of real property, or an individual employed by or 8
acting on behalf of any of these. 9
(13)[(11)] "Licensing agency" means any public or private organization which has as one 10
(1) of its duties the issuing of licenses or the setting of standards which an 11
individual must hold or must meet as a condition to practicing a particular trade or 12
profession or to obtaining certain employment within the state or as a condition to 13
competing effectively with an individual who does hold a license or meet the 14
standards. 15
(14)[(12)] "Credit transaction" shall mean any open or closed end credit transaction 16
whether in the nature of a loan, retail installment transaction, credit card issue or 17
charge, or otherwise, and whether for personal or for business purposes, in which a 18
service, finance, or interest charge is imposed, or which provides for repayment in 19
scheduled payments, when such credit is extended in the course of the regular 20
course of any trade or commerce, including but not limited to transactions by banks, 21
savings and loan associations, or other financial lending institutions of whatever 22
nature, stock brokers, or by a merchant or mercantile establishment which as part of 23
its ordinary business permits or provides that payment for purchases of property or 24
services therefrom may be deferred. 25
(15)[(13)] "To rent" means to lease, to sublease, to let, or otherwise to grant for a 26
consideration the right to occupy premises not owned by the occupant. 27 UNOFFICIAL COPY 22 RS BR 201
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(16)[(14)] "Family" includes a single individual. 1
(17)[(15)] (a) "Familial status" means one (1) or more individuals who have not 2
attained the age of eighteen (18) years and are domiciled with: 3
1. A parent or another person having legal custody of the individual or 4
individuals; or 5
2. The designee of a parent or other person having custody, with the 6
written permission of the parent or other person. 7
(b) The protection afforded against discrimination on the basis of familial status 8
shall apply to any person who is pregnant or is in the process of securing legal 9
custody of any individual who has not attained the age of eighteen (18) years. 10
(18)[(16)] "Discriminatory housing practice" means an act that is unlawful under KRS 11
344.360, 344.367, 344.370, 344.380, or 344.680. 12
Section 2. KRS 158.148 is amended to read as follows: 13
(1) (a) As used in this section, "bullying" means any unwanted verbal, physical, or 14
social behavior among students that involves a real or perceived power 15
imbalance and is repeated or has the potential to be repeated: 16
1. That occurs on school premises, on school-sponsored transportation, or 17
at a school-sponsored event; or 18
2. That disrupts the education process. 19
(b) This definition shall not be interpreted to prohibit civil exchange of opinions 20
or debate or cultural practices protected under the state or federal Constitution 21
where the opinion expressed does not otherwise materially or substantially 22
disrupt the education process. 23
(2) In cooperation with the Kentucky Education Association, the Kentucky School 24
Boards Association, the Kentucky Association of School Administrators, the 25
Kentucky Association of Professional Educators, the Kentucky Association of 26
School Superintendents, the Parent-Teachers Association, the Kentucky Chamber of 27 UNOFFICIAL COPY 22 RS BR 201
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Commerce, the Farm Bureau, members of the Interim Joint Committee on 1
Education, and other interested groups, and in collaboration with the Center for 2
School Safety, the Department of Education shall develop or update as needed and 3
distribute to all districts by August 31 of each even-numbered year, beginning 4
August 31, 2008: 5
(a) Statewide student discipline guidelines to ensure safe schools, including the 6
definition of serious incident for the reporting purposes as identified in KRS 7
158.444; 8
(b) Recommendations designed to improve the learning environment and school 9
climate, parental and community involvement in the schools, and student 10
achievement; and 11
(c) A model policy to implement the provisions of this section and KRS 158.156, 12
158.444, 525.070, and 525.080. 13
(3) The department shall obtain statewide data on major discipline problems and 14
reasons why students drop out of school. In addition, the department, in 15
collaboration with the Center for School Safety, shall identify successful strategies 16
currently being used in programs in Kentucky and in other states and shall 17
incorporate those strategies into the statewide guidelines and the recommendations 18
under subsection (2) of this section. 19
(4) Copies of the discipline guidelines shall be distributed to all school districts. The 20
statewide guidelines shall contain broad principles and legal requirements to guide 21
local districts in developing their own discipline code and school councils in the 22
selection of discipline and classroom management techniques under KRS 158.154; 23
and in the development of the district-wide safety plan. 24
(5) (a) Each local board of education shall be responsible for formulating a code of 25
acceptable behavior and discipline to apply to the students in each school 26
operated by the board. The code shall be updated no less frequently than every 27 UNOFFICIAL COPY 22 RS BR 201
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two (2) years, with the first update being completed by November 30, 2008. 1
(b) The superintendent, or designee, shall be responsible for overall 2
implementation and supervision, and each school principal shall be 3
responsible for administration and implementation within each school. Each 4
school council shall select and implement the appropriate discipline and 5
classroom management techniques necessary to carry out the code. The board 6
shall establish a process for a two-way communication system for teachers 7
and other employees to notify a principal, supervisor, or other administrator of 8
an existing emergency. 9
(c) The code shall prohibit bullying. 10
(d) The code shall prohibit discrimination on the basis of race as defined in 11
Section 1 of this Act. 12
(e) The code shall contain the type of behavior expected from each student, the 13
consequences of failure to obey the standards, and the importance of the 14
standards to the maintenance of a safe learning environment where orderly 15
learning is possible and encouraged. 16
(f)[(e)] The code shall contain: 17
1. Procedures for identifying, documenting, and reporting incidents of 18
bullying, incidents of violations of the code, and incidents for which 19
reporting is required under KRS 158.156; 20
2. Procedures for investigating and responding to a complaint or a report of 21
bullying or a violation of the code, or of an incident for which reporting 22
is required under KRS 158.156, including reporting incidents to the 23
parents, legal guardians, or other persons exercising custodial control or 24
supervision of the students involved; 25
3. A strategy or method of protecting from retaliation a complainant or 26
person reporting an incident of bullying, a violation of the code, or an 27 UNOFFICIAL COPY 22 RS BR 201
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incident for which reporting is required under KRS 158.156; 1
4. A process for informing students, parents, legal guardians, or other 2
persons exercising custodial control or supervision, and school 3
employees of the requirements of the code and the provisions of this 4
section and KRS 158.156, 158.444, 525.070, and 525.080, including 5
training for school employees; and 6
5. Information regarding the consequences of bullying and violating the 7
code and violations reportable under KRS 158.154, 158.156, or 158.444. 8
(g)[(f)] The principal of each school shall apply the code of behavior and 9
discipline uniformly and fairly to each student at the school without partiality 10
or discrimination. 11
(h)[(g)] A copy of the code of behavior and discipline adopted by the board of 12
education shall be posted at each school. Guidance counselors shall be 13
provided copies for discussion with students. The code shall be referenced in 14
all school handbooks. All school employees and parents, legal guardians, or 15
other persons exercising custodial control or supervision shall be provided 16
copies of the code. 17
Section 3. This Act may be cited as the C.R.O.W.N. Act. 18