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AN ACT relating to school personnel. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 161.155 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Teacher" shall mean any person for whom certification is required as a basis 5
of employment in the common schools of the state; 6
(b) "Employee" shall mean any person, other than a teacher, employed in the 7
public schools, whether on a full or part-time basis; 8
(c) "Immediate family" shall mean the teacher's or employee's spouse, children 9
including stepchildren and foster children, grandchildren, daughters-in-law 10
and sons-in law, brothers and sisters, parents and spouse's parents, and 11
grandparents and spouse's grandparents, without reference to the location or 12
residence of said relative, and any other blood relative who resides in the 13
teacher's or employee's home; 14
(d) "Sick leave bank" shall mean an aggregation of sick leave days contributed by 15
teachers or employees for use by teachers or employees who have exhausted 16
all sick leave and other available paid leave days; and 17
(e) "Assault" shall mean an act that intentionally or wantonly causes physical 18
injury[ so significant that the victim is determined to be, by certification of a 19
physician or surgeon duly qualified under KRS Chapter 342, incapable of 20
performing the duties of his or her job]. 21
(2) Each district board of education shall allow to each teacher and full-time employee 22
in its common school system not less than ten (10) days of sick leave during each 23
school year, without deduction of salary. Sick leave shall be granted to a teacher or 24
employee if he or she presents a personal statement or a certificate of a physician 25
stating that the teacher or employee was ill, that the teacher or employee was absent 26
for the purpose of attending to a member of his or her immediate family who was 27 UNOFFICIAL COPY 25 RS BR 468
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ill, or for the purpose of mourning a member of his or her immediate family. The 1
ten (10) days of sick leave granted in this subsection may be taken by a teacher or 2
employee on any ten (10) days of the school year and shall be granted in addition to 3
accumulated sick leave days that have been credited to the teacher or employee 4
under the provisions of subsection (4) of this section. 5
(3) (a) A school district shall coordinate among the income and benefits from 6
workers' compensation, temporary disability retirement, and district payroll 7
and benefits so that there is no loss of income or benefits to a teacher or 8
employee for work time lost because of an assault while performing the 9
teacher's or employee's assigned duties for a period of: 10
1. Sixty (60) school days after an assault; and 11
2. Up to one (1) year after an[the] assault that causes a physical injury so 12
significant that the victim is determined to be incapable of performing 13
the duties of his or her job, as certified by a physician or surgeon duly 14
qualified under KRS Chapter 342. 15
(b) In the event a teacher or employee suffers an assault while performing his or 16
her assigned duties[ that results in injuries that qualify the teacher or 17
employee for workers' compensation benefits], the district shall provide leave 18
to the teacher or employee[ for up to one (1) year after the assault] with no 19
loss of income or benefits for: 20
1. Sixty (60) school days after an assault; and 21
2. Up to one (1) year after an assault that causes a physical injury so 22
significant that the victim is determined to be incapable of performing 23
the duties of his or her job, as certified by a physician or surgeon duly 24
qualified under KRS Chapter 342. 25
(c) Leave provided in accordance with paragraph (b) of this subsection shall be 26
subject to[ under] the following conditions: 27 UNOFFICIAL COPY 25 RS BR 468
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1.[(a)] The district shall pay the salary of the teacher or employee 1
between the time of the assault and the time the teacher's or employee's 2
workers' compensation income benefits take effect, or the time the leave 3
is exhausted[teacher or employee is certified to return to work by a 4
physician or surgeon duly qualified under KRS Chapter 342], whichever 5
is sooner; 6
2.[(b)] The district shall pay, for the entire duration of leave[up to one 7
(1) year from the time of the assault], the difference between the salary 8
of the teacher or employee and any workers' compensation income 9
benefits received by the teacher or employee resulting from the assault. 10
Payments by the district shall include payments for intermittent work 11
time missed as a result of the assault during the leave[one (1) year] 12
period.[ If the teacher's or employee's workers' compensation income 13
benefits cease during the one (1) year period after the assault, the district 14
shall also cease to make payments under this paragraph]; 15
3.[(c)] The Commonwealth, through the Kentucky Department of 16
Education, shall make the employer's health insurance contribution 17
during the period that the district makes payments under subparagraphs 18
1. and 2.[paragraphs (a) and (b)] of this paragraph[subsection]; 19
4.[(d)] The Commonwealth, through the Kentucky Department of 20
Education, shall make the employer's contribution to the retirement 21
system in which the teacher or employee is a member during the period 22
that the district makes payments under subparagraphs 1. and 23
2.[paragraphs (a) and (b)] of this paragraph[subsection];[ and] 24
5.[(e)] Payments to a teacher or employee under subparagraphs 1. and 25
2.[paragraphs (a) and (b)] of this paragraph[subsection] shall be 26
coordinated with workers' compensation benefits under KRS Chapter 27 UNOFFICIAL COPY 25 RS BR 468
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342, disability retirement benefits for teachers under KRS 161.661 to 1
161.663, and disability retirement benefits for employees under KRS 2
61.600 to 61.621 and 78.5522, 78.5524, 78.5526, 78.5528, and 78.5530 3
so that the teacher or employee receives income equivalent to his or her 4
full contracted salary, but in no event shall the combined payments 5
exceed one hundred percent (100%) of the teacher's or employee's full 6
contracted salary; and 7
6. The district shall pay for the costs of counseling services for the 8
teacher or employee at the licensed or certified mental health 9
professional of the teacher's or employee's choosing for the duration 10
of the leave period. 11
(4) Days of sick leave not taken by an employee or a teacher during any school year 12
shall accumulate without limitation and be credited to that employee or teacher. 13
Accumulated sick leave may be taken in any school year. Any district board of 14
education may, in its discretion, allow employees or teachers in its common school 15
system sick leave in excess of the number of days prescribed in this section and 16
may allow school district employees and teachers to use up to three (3) days' sick 17
leave per school year for emergency leave pursuant to KRS 161.152(3). Any 18
accumulated sick leave days credited to an employee or a teacher shall remain so 19
credited in the event he or she transfers his or her place of employment from one (1) 20
school district to another within the state or to the Kentucky Department of 21
Education or transfers from the Department of Education to a school district. 22
(5) Accumulated days of sick leave shall be granted to a teacher or employee if, prior to 23
the opening day of the school year, a statement or a certificate of a physician is 24
presented to the district board of education, stating that the teacher or employee is 25
unable to commence his or her duties on the opening day of the school year, but 26
will be able to assume his or her duties within a period of time that the board 27 UNOFFICIAL COPY 25 RS BR 468
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determines to be reasonable. 1
(6) Any school teacher or employee may repurchase previously used sick leave days 2
with the concurrence of the local school board by paying to the district an amount 3
equal to the total of all costs associated with the used sick leave. 4
(7) A district board of education may adopt a plan for a sick leave bank. The plan may 5
include limitations upon the number of days a teacher or employee may annually 6
contribute to the bank and limitations upon the number of days a teacher or 7
employee may annually draw from the bank. Only those teachers or employees who 8
contribute to the bank may draw upon the bank. Days contributed will be deducted 9
from the days available to the contributing teacher or employee. The sick leave 10
bank shall be administered in accordance with a policy adopted by the board of 11
education. 12
(8) (a) A district board of education shall establish a sick leave donation program to 13
permit teachers or employees to voluntarily contribute sick leave to teachers 14
or employees in the same school district who are in need of an extended 15
absence from school. A teacher or employee who has accrued more than 16
fifteen (15) days' sick leave may request the board of education to transfer a 17
designated amount of sick leave to another teacher or employee who is 18
authorized to receive the sick leave donated. A teacher or employee may not 19
request an amount of sick leave be donated that reduces his or her sick leave 20
balance to less than fifteen (15) days. 21
(b) A teacher or employee may receive donations of sick leave if: 22
1. a. The teacher or employee or a member of his or her immediate 23
family suffers from a medically certified illness, injury, 24
impairment, or physical or mental condition that has caused or is 25
likely to cause the teacher or employee to be absent for at least ten 26
(10) days; or 27 UNOFFICIAL COPY 25 RS BR 468
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b. The teacher or employee suffers from a catastrophic loss to his or 1
her personal or real property, due to either a natural disaster or fire, 2
that either has caused or will likely cause the employee to be 3
absent for at least ten (10) consecutive working days; 4
2. The teacher's or employee's need for the absence and use of leave are 5
certified by a licensed physician for leave requested under subparagraph 6
1.a. of this subsection; 7
3. The teacher or employee has exhausted his or her accumulated sick 8
leave, personal leave, and any other leave granted by the school district; 9
and 10
4. The teacher or employee has complied with the school district's policies 11
governing the use of sick leave. 12
(c) While a teacher or employee is on sick leave provided by this section, he or 13
she shall be considered a school district employee, and his or her salary, 14
wages, and other employee benefits shall not be affected. 15
(d) Any sick leave that remains unused, is not needed by a teacher or employee, 16
and will not be needed in the future shall be returned to the teacher or 17
employee donating the sick leave. 18
(e) The board of education shall adopt policies and procedures necessary to 19
implement the sick leave donation program. 20
(9) A teacher or employee may use up to thirty (30) days of sick leave following the 21
birth or adoption of a child or children. Additional days may be used when the need 22
is verified by a physician's statement. 23
(10) (a) [After July 1, 1982, ]A district board of education may compensate, at the 24
time of retirement or upon the death of a member in active contributing status 25
at the time of death who was eligible to retire by reason of service, an 26
employee or a teacher, or the estate of an employee or teacher, for each 27 UNOFFICIAL COPY 25 RS BR 468
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unused sick leave day. The rate of compensation for each unused sick leave 1
day shall be based on a percentage of the daily salary rate calculated from the 2
employee's or teacher's last annual salary, not to exceed thirty percent (30%). 3
(b) Except as provided in paragraph (c) of this subsection, payment for unused 4
sick leave days under this subsection shall be incorporated into the annual 5
salary of the final year of service for inclusion in the calculation of the 6
employee's or teacher's retirement allowance only at the time of his or her 7
initial retirement, provided that the member makes the regular retirement 8
contribution for members on the sick leave payment. The accumulation of 9
these days includes unused sick leave days held by the employee or teacher at 10
the time of implementation of the program. 11
(c) For a teacher or employee who becomes a nonuniversity member of the 12
Teachers' Retirement System on or after January 1, 2022, as provided by KRS 13
161.220, payment for unused sick leave days under this subsection shall not 14
be incorporated into the annual compensation used to calculate the teacher's or 15
employee's retirement allowance in the foundational benefit component as 16
described by KRS 161.633 but may be deposited into the nonuniversity 17
member's supplemental benefit component as provided by KRS 161.635. 18
(d) For a teacher or employee who begins employment with a local school district 19
on or after July 1, 2008, the maximum amount of unused sick leave days a 20
district board of education may recognize in calculating the payment of 21
compensation to the teacher or employee under this subsection shall not 22
exceed three hundred (300) days. 23
(11) Any statute to the contrary notwithstanding, employees and teachers who 24
transferred from the Department of Education to a school district, from a school 25
district to the Department of Education, or from one (1) school district to another 26
school district after July 15, 1981, shall receive credit for any unused sick leave to 27 UNOFFICIAL COPY 25 RS BR 468
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which the employee or teacher was entitled on the date of transfer. This credit shall 1
be for the purposes set forth in subsection (10) of this section. 2
(12) The death benefit provided in subsection (10) of this section may be cited as the 3
Baughn Benefit. 4
Section 2. KRS 158.150 is amended to read as follows: 5
(1) All students admitted to the common schools shall comply with the lawful 6
regulations for the government of the schools: 7
(a) Willful disobedience or defiance of the authority of the teachers or 8
administrators, use of profanity or vulgarity, or assault[ or battery or abuse] of 9
other students, the threat of force or violence, the use or possession of alcohol 10
or drugs, stealing or destruction or defacing of school property or personal 11
property of students, the carrying or use of weapons or dangerous instruments, 12
or other incorrigible bad conduct on school property, as well as off school 13
property at school-sponsored activities, constitutes cause for suspension or 14
expulsion from school; and 15
(b) Assault[ or battery or abuse] of school personnel; stealing or willfully or 16
wantonly defacing, destroying, or damaging the personal property of school 17
personnel on school property, off school property, or at school-sponsored 18
activities constitutes cause for suspension or expulsion from school. 19
(2) (a) Each local board of education shall adopt a policy requiring the expulsion 20
from school for a period of at least twelve (12) months for a student who is 21
determined by the board: 22
1. [Is determined by the board ]Through clear and convincing evidence to 23
have made threats that pose a danger to the well-being of students, 24
faculty, or staff of the district; [or] 25
2. [Is determined by the board ]To have brought a weapon to a school 26
under its jurisdiction. In determining whether a student has brought a 27 UNOFFICIAL COPY 25 RS BR 468
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weapon to school, a local board of education shall use the definition of 1
"unlawful possession of a weapon on school property" stated in KRS 2
527.070; 3
3. To have physically assaulted educational personnel at a school or 4
school function under the board's jurisdiction; or 5
4. To have physically assaulted educational personnel off school 6
property and the incident is likely to substantially disrupt the 7
educational process. 8
(b) The board shall also adopt a policy requiring disciplinary actions, up to and 9
including expulsion from school, for a student who is determined by the board 10
to have: 11
1. Possessed prescription drugs or controlled substances for the purpose of 12
sale or distribution at a school under the board's jurisdiction; 13
2. Physically assaulted[ or battered or abused educational personnel or] 14
other students at a school or school function under the board's 15
jurisdiction; or 16
3. Physically assaulted[, battered, or abused educational personnel or] 17
other students off school property and the incident is likely to 18
substantially disrupt the educational process. 19
(3) (a) Except as provided in paragraph (b) of this subsection, the board may 20
modify the expulsion requirement and length for students on a case-by-case 21
basis, except the length of expulsion shall be at least twelve (12) months for a 22
violation set forth in subsection (2)(a) of this section. 23
(b) In the case of students who have violated subsection (2)(a)3. or 4. of this 24
section, the board shall not modify the expulsion requirement or length 25
unless the victim of the assault consents to the modification. The victim may 26
issue conditional consent, the terms of which, if ratified by the board by 27 UNOFFICIAL COPY 25 RS BR 468
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virtue of issuing a modification, shall be honored until the student ceases to 1
be enrolled in the school or the victim ceases to be employed at the school, 2
whichever occurs first. A school district shall not retaliate against a victim, 3
coerce a victim to consent to a modification, or otherwise exercise undue 4
influence over the terms of that consent. 5
(c)[(b)] Nothing in this section shall prohibit a board from expelling a student 6
for longer than twelve (12) months. 7
(d)[(c)] A board that has expelled a student from the student's regular school 8
setting shall provide or ensure that educational services are provided to the 9
student in an appropriate alternative program or setting, unless the board has 10
made a determination, on the record, supported by clear and convincing 11
evidence, that the expelled student posed a threat to the safety of other 12
students or school staff and could not be placed into a state-funded agency 13
program. Behavior which constitutes a threat shall include but not be limited 14
to the physical assault[, battery, or abuse] of others; the threat of physical 15
force; being under the influence of drugs or alcohol; the use, possession, sale, 16
or transfer of drugs or alcohol; the carrying, possessing, or transfer of 17
weapons or dangerous instruments; and any other behavior which may 18
endanger the safety of others. Other intervention services as indicated for each 19
student may be provided by the board or by agreement with the appropriate 20
state or community agency. A state agency that provides the service shall be 21
responsible for the cost. 22
(e)[(d)] 1. In lieu of expelling a student, or upon the expiration of a student's 23
expulsion, a superintendent may place a student into an alternative 24
program or setting if the superintendent determines placement of the 25
student in his or her regular school setting is likely to substantially 26
disrupt the education process or constitutes a threat to the safety of other 27 UNOFFICIAL COPY 25 RS BR 468
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students or school staff. The action shall not be taken until the parent, 1
guardian, or other person having legal custody or control of the student 2
has had an opportunity to have a hearing before the board or an appeals 3
committee as described in subparagraph 2. of this paragraph. 4
2. The board may adopt a policy to establish an appeals committee and 5
delegate the authority to hear appeals made under this paragraph to that 6
committee. 7
3. The alternative program or setting may be provided virtually. 8
4. Notwithstanding any other statute or administrative regulation to the 9
contrary, students placed in an alternative program or setting under this 10
paragraph shall be counted in attendance and membership for state 11
funding purposes in the same manner as other students participating in 12
alternative programs of the district. 13
5. Students placed in an alternative program or setting under this paragraph 14
shall be subject to compulsory attendance requirements under KRS 15
Chapter 159 and applicable local board policy. 16
6. Following the initial alternative placement of a student under this 17
paragraph, the board shall review the alternative program or setting 18
placement at least once per year and determine if the placement should 19
be continued in accordance with subparagraph 1. of this paragraph. 20
(4) For purposes of this subsection, "charges" means substantiated behavior that falls 21
within the grounds for suspension or expulsion enumerated in subsection (1) of this 22
section, including behavior committed by a student while enrolled in a private or 23
public school, or in a school within another state. A school board may adopt a 24
policy providing that, if a student is suspended or expelled for any reason or faces 25
charges that may lead to suspension or expulsion but withdraws prior to a hearing 26
from any public or private school in this or any other state, the receiving district 27 UNOFFICIAL COPY 25 RS BR 468
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may review the details of the charges, suspension, or expulsion and determine if the 1
student will be admitted, and if so, what conditions may be imposed upon the 2
admission, which may include placement of the student into an alternative program 3
or setting as described in subsection (3)(e)[(d)] of this section. 4
(5) (a) School administrators, teachers, or other school personnel may immediately 5
remove or cause to be removed threatening or violent students from a 6
classroom setting or from the district transportation system pending any 7
further disciplinary action that may occur. Each board of education shall adopt 8
a policy to assure the implementation of this section and to assure the safety 9
of the students and staff. 10
(b) Except as described in subsection (10) of this section: 11
1. A principal may establish procedures for a student's removal from and 12
reentry to the classroom when the student's behavior disrupts the 13
classroom environment and education process or the student challenges 14
the authority of a supervising adult. In addition to removal, the student 15
shall be subject to further discipline for the behavior consistent with the 16
school's code of conduct. 17
2. A student who is removed from the same classroom three (3) times 18
within a thirty (30) day period shall be considered chronically disruptive 19
and may be suspended from school in accordance with this section, and 20
no other basis for suspension shall be deemed necessary. 21
3. At any time during the school year, for a student who has been removed 22
from the classroom under this paragraph, a principal may require a 23
review of the classroom issues with the teacher and the parent, guardian, 24
or other person having legal custody or control of the student and 25
determine a course of action for the teacher and student regarding the 26
student's continued placement in the classroom. 27 UNOFFICIAL COPY 25 RS BR 468
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4. At any time during the school year, a principal may permanently remove 1
a student from a classroom for the remainder of the school year if the 2
principal determines the student's continued placement in the classroom 3
will chronically disrupt the education process for other students. 4
5. When a student is removed from a classroom under this paragraph 5
temporarily or permanently, the principal shall determine the placement 6
of the student in lieu of that classroom, which may include but is not 7
limited to: 8
a. Another classroom in that school; or 9
b. An alternative program or setting, which may be provided 10
virtually, as approved by the superintendent. 11
6. Any permanent action by a principal under this paragraph shall be 12
subject to an appeal process in accordance with a policy adopted by the 13
board. 14
7. Policies compliant with this paragraph shall be included in the code of 15
behavior and discipline adopted by the board of education under KRS 16
158.148 and the policies adopted by the school council under KRS 17
160.345. 18
(6) A student shall not be suspended from the common schools until after at least the 19
following due process procedures have been provided: 20
(a) The student has been given oral or written notice of the charge or charges 21
against him or her which constitute cause for suspension; 22
(b) The student has been given an explanation of the evidence of the charge or 23
charges if the student denies them; and 24
(c) The student has been given an opportunity to present his or her own version of 25
the facts relating to the charge or charges. 26
These due process procedures shall precede any suspension from the common 27 UNOFFICIAL COPY 25 RS BR 468
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schools unless immediate suspension is essential to protect persons or property or to 1
avoid disruption of the ongoing academic process. In such cases, the due process 2
procedures outlined above shall follow the suspension as soon as practicable, but no 3
later than three (3) school days after the suspension. 4
(7) (a) The superintendent, principal, assistant principal, or head teacher of any 5
school may suspend a student but shall report the action in writing 6
immediately to the superintendent and to the parent, guardian, or other person 7
having legal custody or control of the student. 8
(b) 1. The board of education of any school district may expel or extend the 9
expulsion of any student for misconduct as described in subsection (1) 10
of this section, but the action shall not be taken until the parent, 11
guardian, or other person having legal custody or control of the student 12
has had an opportunity to have a hearing before the board. The decision 13
of the board shall be final. 14
2. Within thirty (30) days prior to the end of a student's expulsion, the 15
board shall review the details of the expulsion and current factors and 16
circumstances, including if ending the expulsion will substantially 17
disrupt the education process or constitute a threat to the safety of 18
students or school staff, to determine if the expulsion shall be extended 19
for a period not to exceed twelve (12) months. 20
3. The expulsion review process shall be used prior to the end of each 21
expulsion period until the board ends the expulsion or the student is no 22
longer subject to compulsory attendance under KRS 159.010. 23
4. Each board of education shall adopt a policy for implementation of the 24
process described in this paragraph. 25
(8) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be 26
considered a change of educational placement if: 27 UNOFFICIAL COPY 25 RS BR 468
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1. The child is removed for more than ten (10) consecutive days during a 1
school year; or 2
2. The child is subjected to a series of removals that constitute a pattern 3
because the removals accumulate to more than ten (10) school days 4
during a school year and because of other factors, such as the length of 5
each removal, the total amount of time the child is removed, and the 6
proximity of removals to one another. 7
(b) The admissions and release committee shall meet to review the placement and 8
make a recommendation for continued placement or a change in placement 9
and determine whether regular suspension or expulsion procedures apply. 10
Additional evaluations shall be completed, if necessary. 11
(c) If the admissions and release committee determines that an exceptional child's 12
behavior is related to his or her disability, the child shall not be suspended any 13
further or expelled unless the current placement could result in injury to the 14
child, other children, or the educational personnel, in which case an 15
appropriate alternative placement shall be provided that will provide for the 16
child's educational needs and will provide a safe learning and teaching 17
environment for all. If the admissions and release committee determines that 18
the behavior is not related to the disability, the local educational agency may 19
pursue its regular suspension or expulsion procedure for the child, if the 20
behavior so warrants. However, educational services shall not be terminated 21
during a period of expulsion and during a suspension after a student is 22
suspended for more than a total of ten (10) days during a school year. A 23
district may seek temporary injunctive relief through the courts if the parent 24
and the other members of the admissions and release committee cannot agree 25
upon a placement and the current placement will likely result in injury to the 26
student or others. 27 UNOFFICIAL COPY 25 RS BR 468
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(9) Suspension or expulsion of primary school students shall be considered only in 1
exceptional cases where there are safety issues for the child, school personnel, or 2
others. 3
(10) Any action under this section related to students with disabilities shall be in 4
compliance with applicable federal law. 5
(11) Nothing in this section shall be interpreted or construed to preclude the 6
requirements contained in KRS 158.305 or 158.4416. 7
Section 3. KRS 158.155 is amended to read as follows: 8
(1) Any school employee who knows or has reasonable cause to believe that a person 9
has made threats or plans of violence which are intended to target a school, school 10
personnel, or students or who knows that a firearm is present on school property in 11
violation of KRS 527.070 shall immediately cause a report to be made pursuant to 12
subsection (10) of this section. 13
(2) Any school employee shall immediately report pursuant to subsection (10) of this 14
section any act which the employee has a reasonable cause to believe has occurred 15
on school property or at a school-sponsored or sanctioned event involving: 16
(a) Assault resulting in [serious] physical injury; 17
(b) A sexual offense; 18
(c) Kidnapping; 19
(d) Assault with the use of a weapon; 20
(e) Possession of a firearm or deadly weapon in violation of the law; 21
(f) The use, possession, or sale of a controlled substance in violation of the law; 22
or 23
(g) Damage to property. 24
(3) Any school employee who receives information from a student or other person of 25
conduct which is required to be reported under subsection (1) or (2) of this section 26
shall report the conduct pursuant to subsection (10) of this section. 27 UNOFFICIAL COPY 25 RS BR 468
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(4) If a student has been adjudicated guilty of an offense specified in this subsection or 1
has been expelled from school for an offense specified in this subsection, prior to a 2
student's admission to any school, the parent, guardian, principal, or other person or 3
agency responsible for a student shall provide to the school a sworn statement or 4
affirmation indicating on a form provided by the Kentucky Board of Education that 5
the student has been adjudicated guilty or expelled from school attendance at a 6
public or private school in this state or another state for homicide, assault, or an 7
offense in violation of state law or school regulations relating to weapons, alcohol, 8
or drugs. The sworn statement or affirmation shall be sent to the receiving school 9
within five (5) working days of the time when the student requests enrollment in the 10
new school. 11
(5) If any student who has been expelled from attendance at a public or private school 12
in this state for homicide, assault, or an offense in violation of state law or school 13
regulations relating to weapons, alcohol, or drugs requests transfer of his records, 14
those records shall reflect the charges and final disposition of the expulsion 15
proceedings. 16
(6) If any student who is subject to an expulsion proceeding at a public or private 17
school in this state for homicide, assault, or an offense in violation of state law or 18
school regulations relating to weapons, alcohol, or drugs requests transfer of his 19
records to a new school, the records shall not be transferred until that proceeding 20
has been terminated and shall reflect the charges and any final disposition of the 21
expulsion proceedings. 22
(7) Neither the husband-wife privilege of KRE 504 nor any professional-client 23
privilege, including those set forth in KRE 506 and 507, shall be a ground for 24
refusing to make a report required under this section or for excluding evidence in a 25
judicial proceeding of the making of a report and of the conduct giving rise to the 26
making of a report. However, the attorney-client privilege of KRE 503 and the 27 UNOFFICIAL COPY 25 RS BR 468
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religious privilege of KRE 505 are grounds for refusing to make a report or for 1
excluding evidence as to the report and the underlying conduct. 2
(8) Nothing in this section shall be construed as to require self-incrimination. 3
(9) A person acting upon reasonable cause in the making of a report under this section 4
in good faith shall be immune from any civil or criminal liability that might 5
otherwise be incurred or imposed from: 6
(a) Making the report; and 7
(b) Participating in any judicial proceeding that resulted from the report. 8
(10) Notice required pursuant to this section shall be given to any law enforcement 9
agency created by the local board of education, and to: 10
(a) A local law enforcement agency not created by the local board of education; 11
or 12
(b) The Department of Kentucky State Police.[ 13
(11) Any person who intentionally violates the provisions of this section shall be 14
guilty of a: 15
(a) Class B misdemeanor for the first offense; 16
(b) Class A misdemeanor for the second offense; and 17
(c) Class D felony for the third or subsequent offense.] 18
Section 4. KRS 158.990 is amended to read as follows: 19
(1) Any member of a school board who votes to permit entrance to a school of any 20
child not eligible therefor under the provisions of KRS 158.030 shall be fined not 21
less than five dollars ($5) nor more than fifty dollars ($50). 22
(2) Any person required to report under KRS 158.155 who intentionally fails to report[ 23
promptly or who refuses to make a report] shall be[is] guilty of a Class A 24
misdemeanor. 25