(1) 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.
(2) 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.
(3) 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.
(4) 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.