2014 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 158.153 Punishment based on child's records -- Disclosure of records -- Cause of action -- Districtwide standards of behavior for students participating in extracurricular activities.
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158.153 Punishment based on child's records -- Disclosure of records -Cause of action -- Districtwide standards of behavior for students
participating in extracurricular activities.
(1)
(2)
(3)
(4)
Unless the action is taken pursuant to KRS 158.150, no school, school
administrator, teacher, or other school employee shall expel or punish a child
based on information contained in a record of an adjudication of delinquency or
conviction of an offense received by the school pursuant to KRS 610.345 or
from any other source. Nothing in this subsection shall be construed to prohibit
a local school board or school official from instituting disciplinary proceedings
against any student for violating the discipline policy of the school or school
district or taking actions necessary to protect staff and students. Actions to
protect staff and students may be taken only after the principal makes a
determination that the conduct of the student reflected in the records of the
school or obtained by the school from the court indicates a substantial
likelihood of an immediate and continuing threat that the student will cause
harm to students or staff, and that the restrictions to be ordered represent the
least restrictive alternative available and appropriate to remedy the threat, and
that the determination and supporting material be documented in the child's
record. The action of the principal, in addition to or in lieu of any other
procedure available, may be appealed by the child or the child's parent or
guardian to the superintendent of the school system or to the Circuit Court in
the county in which the school is located, and the appealing party may be
represented by counsel.
No school, school administrator, teacher, or other school employee who has
custody of records received or maintained by the school pursuant to KRS
610.345 or who has received information contained in or relating to a record
received by the school pursuant to KRS 610.345 shall disclose the fact of the
record's existence, or any information contained in the record or received from
the record to any other person, including but not limited to other teachers,
school employees, pupils, or parents other than the pupil, or parents of the
pupil who is the subject of the record.
The child and his parent or guardian shall have a civil cause of action against
the school board and against any school administrator violating subsection (1)
or (2) of this section or divulging information in violation of KRS 610.345 or
610.340. This civil cause of action shall be in addition to any other criminal or
administrative remedy provided by law.
Nothing in this section shall be construed to prohibit a local board of education
from establishing districtwide standards of behavior for students who
participate in extracurricular and cocurricular activities, including athletics. A
school principal may deny or terminate a student's eligibility to participate in
extracurricular or cocurricular activities if the student has violated the local
district behavior standards or the council's criteria for participation, as
described in KRS 160.345(2)(i)8. A student's right to participate in
extracurricular or cocurricular activities, including athletics, may be suspended,
pending investigation of an allegation that the standards of behavior have been
violated.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 107, sec. 1, effective July 15, 1998. -Created 1996 Ky. Acts ch. 358, sec. 61, effective July 15, 1996.
Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358,
sec. 67(2), this statute becomes effective July 15, 1996.
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