2012 Kentucky Revised Statutes CHAPTER 158 CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 158.156 Reporting of commission of felony KRS Chapter 508 offense against a student -- Investigation -- Immunity from liability for reporting -- Privileges no bar to reporting.
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158.156 Reporting of commission of felony KRS Chapter 508 offense against a
student -- Investigation -- Immunity from liability for reporting -- Privileges no
bar to reporting.
(1)
(2)
(3)
(4)
Any employee of a school or a local board of education who knows or has
reasonable cause to believe that a school student has been the victim of a violation
of any felony offense specified in KRS Chapter 508 committed by another student
while on school premises, on school-sponsored transportation, or at a schoolsponsored event shall immediately cause an oral or written report to be made to the
principal of the school attended by the victim. The principal shall notify the parents,
legal guardians, or other persons exercising custodial control or supervision of the
student when the student is involved in an incident reportable under this section.
The principal shall file with the local school board and the local law enforcement
agency or the Department of Kentucky State Police or the county attorney within
forty-eight (48) hours of the original report a written report containing:
(a) The names and addresses of the student and his or her parents, legal guardians,
or other persons exercising custodial control or supervision;
(b) The student's age;
(c) The nature and extent of the violation;
(d) The name and address of the student allegedly responsible for the violation;
and
(e) Any other information that the principal making the report believes may be
helpful in the furtherance of the purpose of this section.
An agency receiving a report under subsection (1) of this section shall investigate
the matter referred to it. The school board and school personnel shall participate in
the investigation at the request of the agency.
Anyone acting upon reasonable cause in the making of a report required under this
section in good faith shall have immunity from any liability, civil or criminal, that
might otherwise be incurred or imposed. Any such participant shall have the same
immunity with respect to participation in any judicial proceeding resulting from
such report or action.
Neither the husband-wife nor any professional-client/patient privilege, except the
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report
under this section or for excluding evidence regarding student harassment in any
judicial proceedings resulting from a report pursuant to this section. This subsection
shall also apply in any criminal proceeding in District or Circuit Court regarding
student harassment.
Effective: July 15, 2008
History: Created 2008 Ky. Acts ch. 125, sec. 1, effective July 15, 2008.
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