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AN ACT relating to health mandates in educational settings and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) Notwithstanding any state law, administrative regulation, executive order, 6
executive directive, school board policy, or school policy to the contrary, any 7
requirement that is imposed in response to the COVID-19 virus or any mutated 8
strain of the COVID-19 virus to: 9
(a) Wear any type of medical device, including but not limited to any type of 10
facial covering on any public school premises, on school-sponsored 11
transportation, or at a school-sponsored event; or 12
(b) Submit to any type of medical procedure or treatment, including but not 13
limited to any type of vaccination or testing; 14
shall provide a parent or guardian the opportunity to opt a student out of the 15
requirement for any reason. 16
(2) A parent or guardian that opts out in accordance with subsection (1) of this 17
section shall not be required to submit any type of certification or documentation 18
to secure an exemption from any requirement described in subsection (1) of this 19
section. 20
(3) Nothing in this section shall be interpreted to contradict the requirements of KRS 21
158.035 regarding certificates of immunization. 22
SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) A public postsecondary education institution shall not impose any of the 25
following requirements in response to the COVID-19 virus or any mutated strain 26
of the COVID-19 virus on property located in the Commonwealth that is owned, 27 UNOFFICIAL COPY 23 RS BR 281
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leased, or operated by the institution that is not used for the delivery of medical or 1
dental services: 2
(a) The wearing of any type of medical device, including but not limited to any 3
type of facial covering; and 4
(b) Submission to any type of medical procedure or treatment, including but 5
not limited to any type of vaccination or testing. 6
(2) Nothing in this section shall be interpreted to prohibit an institution from 7
implementing or enforcing a requirement described in subsection (1) of this 8
section that is not responsive to the COVID-19 virus or mutated strand of the 9
COVID-19 virus, including but not limited to: 10
(a) A requirement in a postsecondary health care program that existed prior to 11
January 1, 2020; and 12
(b) A requirement necessary to maintain the integrity of the clinical research 13
conducted by the institution. 14
Section 3. Whereas the ability of parents to opt children out of mandated 15
masking in educational settings has been unjustly subverted throughout the COVID-19 16
pandemic, an emergency is declared to exist, and this Act takes effect upon its passage 17
and approval by the Governor or upon its otherwise becoming a law. 18