Kentucky Statutes 161.164 – Political activity prohibited — Discrimination prohibited — Instructional materials requirements — Student not required to advocate for perspective with which he or she does not agree — Employee not required to engage …
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(1) No employee of the local school district shall take part in the management or activities of any political campaign for school board.
(2) No candidate for school board shall solicit or accept any political assessment, subscription, contribution, or service of any employee of the school district.
(3) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position as teacher or employee of any district board of education, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.
(4) No teacher or employee of any district board of education shall be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment because of his political or religious opinions or affiliations or ethnic origin or race or color or sex or age or disabling condition.
(5) Any instruction or instructional materials on current, controversial topics related to public policy or social affairs provided to public school or public charter school students, regardless of whether the individual that provides the instruction is employed by the local school district or public charter school, shall be:
(a) Within the range of knowledge, understanding, age, and maturity of the students receiving the instruction; and
(b) Relevant, objective, nondiscriminatory, and respectful to the differing perspectives of students.
(6) An employee of a public school district or public charter school shall not violate a student’s First Amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a perspective with which the student or the parent or guardian of a minor student does not agree.
(7) An employee of a local school district or public charter school shall not be required to engage in training, orientation, or therapy that coerces the employee to stereotype any group.
(8) The local superintendent shall inform all school employees of the provisions of this section.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 196, sec. 5, effective July 14, 2022. — Amended
1994 Ky. Acts ch. 405, sec. 29, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 476, Pt. II, sec. 79, effective July 13, 1990. — Created 1962 Ky. Acts ch. 244, Art. IV, sec. 2.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 196, sec. 8, provides that Sections 4 and 5 of the Act, this statute and KRS § 158.196, may be cited as the Teaching American Principles Act.
(2) No candidate for school board shall solicit or accept any political assessment, subscription, contribution, or service of any employee of the school district.
Terms Used In Kentucky Statutes 161.164
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Statute: A law passed by a legislature.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(3) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position as teacher or employee of any district board of education, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.
(4) No teacher or employee of any district board of education shall be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment because of his political or religious opinions or affiliations or ethnic origin or race or color or sex or age or disabling condition.
(5) Any instruction or instructional materials on current, controversial topics related to public policy or social affairs provided to public school or public charter school students, regardless of whether the individual that provides the instruction is employed by the local school district or public charter school, shall be:
(a) Within the range of knowledge, understanding, age, and maturity of the students receiving the instruction; and
(b) Relevant, objective, nondiscriminatory, and respectful to the differing perspectives of students.
(6) An employee of a public school district or public charter school shall not violate a student’s First Amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a perspective with which the student or the parent or guardian of a minor student does not agree.
(7) An employee of a local school district or public charter school shall not be required to engage in training, orientation, or therapy that coerces the employee to stereotype any group.
(8) The local superintendent shall inform all school employees of the provisions of this section.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 196, sec. 5, effective July 14, 2022. — Amended
1994 Ky. Acts ch. 405, sec. 29, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 476, Pt. II, sec. 79, effective July 13, 1990. — Created 1962 Ky. Acts ch. 244, Art. IV, sec. 2.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 196, sec. 8, provides that Sections 4 and 5 of the Act, this statute and KRS § 158.196, may be cited as the Teaching American Principles Act.