2014 Kentucky Revised Statutes CHAPTER 610 - PROCEDURAL MATTERS 610.345 School superintendent or principal to be notified when child found guilty or when petition is filed -- Disclosure of records -- Provision of offense history to school superintendent.
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610.345 School superintendent or principal to be notified when child found
guilty or when petition is filed -- Disclosure of records -- Provision of
offense history to school superintendent.
(1)
(2)
(3)
(4)
When a child is adjudicated guilty of an offense which classifies him or her as a
youthful offender, the judge in the court in which the matter was tried shall
direct the clerk to notify the superintendent of the public school district in which
the child is enrolled or the principal of any private elementary or secondary
school which the child attends of the adjudication and the petition and
disposition of the case. The name of the complainant shall be deleted. The
court shall direct the appropriate prosecuting entity to give the school district or
the school a statement of facts in the case. The superintendent shall notify the
principal of the school in which the child is enrolled.
When a child is adjudicated guilty of an offense which would classify him or her
as a violent offender under KRS 439.3401, or be a felony under KRS Chapter
218A, 508, 510, or 527 if committed by an adult, but which would not classify
him or her as a youthful offender, the judge in the court in which the matter was
tried shall direct the clerk to notify within five (5) days of the order the
superintendent of the public school district in which the child is enrolled or the
principal of any private elementary or secondary school which the child attends
of the charge, the adjudication, and the disposition of the case. The name of
the complainant shall be deleted. The court shall authorize the county attorney
to give the school district or the school a statement of facts in the case. The
superintendent shall notify the principal of the school in which the child is
enrolled.
When a petition is filed against a child, or a child is adjudicated guilty of an
offense that would be a felony or misdemeanor if committed by an adult, and
the misdemeanor involves a controlled substance or the possession, carrying,
or use of a deadly weapon, or physical injury to another person, the judge in
the court in which the matter is considered shall direct the clerk to notify the
superintendent of the public school district in which the child is enrolled or the
principal of any private elementary or secondary school that the child attends of
the charge, the adjudication, and the disposition of the case. The notification
shall be made within twenty-four (24) hours of the time when the petition is
filed. The name of the complainant shall be deleted. The court shall authorize
the county attorney to give the school district or the school a statement of the
facts in the case, not to include the complainant's name. If the petition is
dismissed, all records of the incident or notification created in the school district
or the school under this subsection shall be destroyed, and shall not be
included in the child's school records.
Notice of adjudication to a district superintendent referenced in subsections (2)
and (3) of this section shall be released by the superintendent to the principal.
A principal of a public or private school receiving notice of adjudication shall
release the information to employees of the school having responsibility for
classroom instruction or counseling of the child and may release it to other
school personnel as described in subsection (5) of this section, but the
information shall otherwise be confidential and shall not be shared by school
personnel with any other person or agency except as may otherwise be
(5)
(6)
(7)
required by law. The notification in writing of the nature of the offense
committed by the child and any probation requirements shall not become a part
of the child's student record.
Records or information disclosed pursuant to this section shall be limited to
records of that student's criminal petition and the disposition thereof covered by
this section, shall be subject to the provisions of KRS 610.320 and 610.340,
and shall not be disclosed to any other person, including school personnel,
except to a district superintendent, public or private elementary and secondary
school administrative, transportation, and counseling personnel, and to any
teacher or school employee with whom the student may come in contact. This
section shall not authorize the disclosure of any other juvenile record or
information relating to the child.
The Department of Juvenile Justice shall provide a child's offense history
information pursuant to this section to the superintendent of the local school
district in which the child, who is committed to the department, is placed.
Records or information received by the school pursuant to this section shall be
kept in a locked file, when not in use, to be opened only on permission of the
administrator.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 70, effective July 12, 2006. -Amended 2004 Ky. Acts ch. 185, sec. 1, effective July 13, 2004. -- Amended
2002 Ky. Acts ch. 257, sec. 19, effective July 15, 2002. -- Amended 1998 Ky.
Acts ch. 493, sec. 17, effective July 15, 1998; and ch. 606, sec. 182, effective
July 15, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 34, effective July 15, 1996.
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