Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
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1 AN ACT relating to children.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3 Section 1. KRS 158.150 is amended to read as follows:
4 (1) All students admitted to the common schools shall comply with the lawful
5 regulations for the government of the schools:
6 (a) Willful disobedience or defiance of the authority of the teachers or
7 administrators, use of profanity or vulgarity, assault or battery or abuse of
8 other students, the threat of force or violence, the use or possession of alcohol
9 or drugs, stealing or destruction or defacing of school property or personal
10 property of students, the carrying or use of weapons or dangerous instruments,
11 or other incorrigible bad conduct on school property, as well as off school
12 property at school-sponsored activities, constitutes cause for suspension or
13 expulsion from school; and
14 (b) Assault or battery or abuse of school personnel; stealing or willfully or
15 wantonly defacing, destroying, or damaging the personal property of school
16 personnel on school property, off school property, or at school-sponsored
17 activities constitutes cause for suspension or expulsion from school.
18 (2) (a) Each local board of education shall adopt a policy requiring the expulsion
19 from school for a period of at least twelve (12) months for a student who:
20 1. Is determined by the board through clear and convincing evidence to
21 have made threats that pose a danger to the well-being of students,
22 faculty, or staff of the district;[ or]
23 2. Is determined by the board to have brought a weapon to a school under
24 its jurisdiction. In determining whether a student has brought a weapon
25 to school, a local board of education shall:[ ]
26 a. Use the definition of "unlawful possession of a weapon on school
27 property" described[stated] in KRS 527.070; and
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1 b. Include bus stops; or
2 3. Is in grade six (6) to twelve (12) and is determined by the board to
3 have recklessly, with a deadly weapon or dangerous instrument, or
4 intentionally caused or attempted to cause physical injury to a school
5 district employee on school property or at a school function under the
6 board's jurisdiction. In considering the actions of a student under this
7 subparagraph, a local board of education shall use the definitions of
8 "dangerous instrument," "deadly weapon," and "physical injury" in
9 KRS 500.080, and "intentionally" and "recklessly" in KRS 501.020.
10 (b) The board shall also adopt a policy requiring disciplinary actions, up to and
11 including expulsion from school, for a student who is determined by the board
12 to have:
13 1. Possessed prescription drugs or controlled substances for the purpose of
14 sale or distribution at a school under the board's jurisdiction;
15 2. Physically assaulted, [or ]battered, or abused another student on school
16 property, at a bus stop, or at a school function[educational personnel or
17 other students at a school or school function] under the board's
18 jurisdiction; or
19 3. Physically assaulted, battered, or abused school[educational] personnel
20 or other students off school property and the incident is likely to
21 substantially disrupt the educational process.
22 (c) As used in this subsection:
23 1. "Bus stop" means a location where students wait for, board, or
24 disembark a school bus of the school district while those actions are
25 occurring; and
26 2. "School personnel" shall not include a student who is employed by a
27 school or enrolled in any school-based apprenticeship program.
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1 (3) (a) The board may modify the expulsion requirement and length for students on a
2 case-by-case basis, except the length of expulsion shall be at least twelve (12)
3 months for a violation set forth in subsection (2)(a) of this section.
4 (b) [Nothing in ]This section shall not prohibit a board from expelling a student
5 for longer than twelve (12) months.
6 (c) 1. A board that has expelled a student from the student's regular school
7 setting shall provide or ensure that educational services are provided to
8 the student in an appropriate alternative program or setting, unless the
9 board has made a determination, on the record, supported by clear and
10 convincing evidence, that the expelled student posed a threat to the
11 safety of other students or school staff and could not be placed into
12 an[a] appropriate alternative program or setting[state-funded agency
13 program]. Behavior which constitutes a threat shall include but not be
14 limited to the physical assault, battery, or abuse of others; the threat of
15 physical force; being under the influence of drugs or alcohol; the use,
16 possession, sale, or transfer of drugs or alcohol; the carrying, possessing,
17 or transfer of weapons or dangerous instruments; and any other behavior
18 which may endanger the safety of others. Other intervention services as
19 indicated for each student may be provided by the board or by
20 agreement with the appropriate state or community agency. The board
21 may refer the student for evaluation or treatment by the appropriate
22 state or community agency, and may provide other intervention as
23 indicated for each student. A state agency that provides the service
24 shall be responsible for the cost.
25 2. For purposes of this paragraph, "appropriate alternative program or
26 setting" means a program or setting that is not in the school building
27 the student would otherwise attend, and includes but is not limited to a
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1 virtual program as defined in KRS 157.320 and a state-funded agency
2 program.
3 3. Educational services provided to an expelled student under this
4 paragraph shall not include transportation from the student's
5 residence to, or returning from, an appropriate alternative program or
6 setting.
7 4. An expelled student shall not participate in any school-sponsored
8 extracurricular or interscholastic activity of the district while the
9 student is expelled.
10 (d) 1. In lieu of expelling a student, or upon the expiration of a student's
11 expulsion, a superintendent may place a student into an alternative
12 program or setting if the superintendent determines placement of the
13 student in his or her regular school setting is likely to substantially
14 disrupt the education process or constitutes a threat to the safety of other
15 students or school staff. The action shall not be taken until the parent,
16 guardian, or other person having legal custody or control of the student
17 has had an opportunity to have a hearing before the board or an appeals
18 committee as described in subparagraph 2. of this paragraph.
19 2. The board may adopt a policy to establish an appeals committee and
20 delegate the authority to hear appeals made under this paragraph to that
21 committee.
22 3. The alternative program or setting may be provided virtually.
23 4. Notwithstanding any other statute or administrative regulation to the
24 contrary, students placed in an alternative program or setting under this
25 paragraph shall be counted in attendance and membership for state
26 funding purposes in the same manner as other students participating in
27 alternative programs of the district.
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1 5. Students placed in an alternative program or setting under this paragraph
2 shall be subject to compulsory attendance requirements under KRS
3 Chapter 159 and applicable local board policy.
4 6. Following the initial alternative placement of a student under this
5 paragraph, the board shall review the alternative program or setting
6 placement at least once per year and determine if the placement should
7 be continued in accordance with subparagraph 1. of this paragraph.
8 (4) For purposes of this subsection, "charges" means substantiated behavior that falls
9 within the grounds for suspension or expulsion enumerated in subsection (1) of this
10 section, including behavior committed by a student while enrolled in a private or
11 public school, or in a school within another state. A school board may adopt a
12 policy providing that, if a student is suspended or expelled for any reason or faces
13 charges that may lead to suspension or expulsion but withdraws prior to a hearing
14 from any public or private school in this or any other state, the receiving district
15 may review the details of the charges, suspension, or expulsion and determine if the
16 student will be admitted, and if so, what conditions may be imposed upon the
17 admission, which may include placement of the student into an alternative program
18 or setting as described in subsection (3)(d) of this section.
19 (5) (a) School administrators, teachers, or other school personnel may immediately
20 remove or cause to be removed threatening or violent students from a
21 classroom setting or from the district transportation system pending any
22 further disciplinary action that may occur. Each board of education shall adopt
23 a policy to assure the implementation of this section and to assure the safety
24 of the students and staff.
25 (b) Except as described in subsection (10) of this section:
26 1. A principal may establish procedures for a student's removal from and
27 reentry to the classroom when the student's behavior disrupts the
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1 classroom environment and education process or the student challenges
2 the authority of a supervising adult. In addition to removal, the student
3 shall be subject to further discipline for the behavior consistent with the
4 school's code of conduct;[.]
5 2. A student who is removed from the same classroom three (3) times
6 within a thirty (30) day period shall be considered chronically disruptive
7 and may be suspended from school in accordance with this section, and
8 no other basis for suspension shall be deemed necessary;[.]
9 3. At any time during the school year, for a student who has been removed
10 from the classroom under this paragraph, a principal may require a
11 review of the classroom issues with the teacher and the parent, guardian,
12 or other person having legal custody or control of the student and
13 determine a course of action for the teacher and student regarding the
14 student's continued placement in the classroom;[.]
15 4. At any time during the school year, a principal may permanently remove
16 a student from a classroom for the remainder of the school year if the
17 principal determines the student's continued placement in the classroom
18 will chronically disrupt the education process for other students;[.]
19 5. When a student is removed from a classroom under this paragraph
20 temporarily or permanently, the principal shall determine the placement
21 of the student in lieu of that classroom, which may include but is not
22 limited to:
23 a. Another classroom in that school; or
24 b. An alternative program or setting, which may be provided
25 virtually, as approved by the superintendent;[.]
26 6. Any permanent action by a principal under this paragraph shall be
27 subject to an appeal process in accordance with a policy adopted by the
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1 board; and[.]
2 7. Policies compliant with this paragraph shall be included in the code of
3 behavior and discipline adopted by the board of education under KRS
4 158.148 and the policies adopted by the school council under KRS
5 160.345.
6 (6) A student shall not be suspended from the common schools until after at least the
7 following due process procedures have been provided:
8 (a) The student has been given oral or written notice of the charge or charges
9 against him or her which constitute cause for suspension;
10 (b) The student has been given an explanation of the evidence of the charge or
11 charges if the student denies them; and
12 (c) The student has been given an opportunity to present his or her own version of
13 the facts relating to the charge or charges.
14 These due process procedures shall precede any suspension from the common
15 schools unless immediate suspension is essential to protect persons or property or to
16 avoid disruption of the ongoing academic process. In such cases, the due process
17 procedures outlined above shall follow the suspension as soon as practicable, but no
18 later than three (3) school days after the suspension.
19 (7) (a) The superintendent, principal, assistant principal, or head teacher of any
20 school may suspend a student but shall report the action in writing
21 immediately to the superintendent and to the parent, guardian, or other person
22 having legal custody or control of the student.
23 (b) 1. The board of education of any school district may expel or extend the
24 expulsion of any student for misconduct as described in subsection (1)
25 of this section, but the action shall not be taken until the parent,
26 guardian, or other person having legal custody or control of the student
27 has had an opportunity to have a hearing before the board. The decision
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1 of the board shall be final.
2 2. Within thirty (30) days prior to the end of a student's expulsion, the
3 board shall review the details of the expulsion and current factors and
4 circumstances, including if ending the expulsion will substantially
5 disrupt the education process or constitute a threat to the safety of
6 students or school staff, to determine if the expulsion shall be extended
7 for a period not to exceed twelve (12) months.
8 3. The expulsion review process shall be used prior to the end of each
9 expulsion period until the board ends the expulsion or the student is no
10 longer subject to compulsory attendance under KRS 159.010.
11 4. Each board of education shall adopt a policy for implementation of the
12 process described in this paragraph.
13 (8) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be
14 considered a change of educational placement if:
15 1. The child is removed for more than ten (10) consecutive days during a
16 school year; or
17 2. The child is subjected to a series of removals that constitute a pattern
18 because the removals accumulate to more than ten (10) school days
19 during a school year and because of other factors, such as the length of
20 each removal, the total amount of time the child is removed, and the
21 proximity of removals to one another.
22 (b) The admissions and release committee shall meet to review the placement and
23 make a recommendation for continued placement or a change in placement
24 and determine whether regular suspension or expulsion procedures apply.
25 Additional evaluations shall be completed, if necessary.
26 (c) If the admissions and release committee determines that an exceptional child's
27 behavior is related to his or her disability, the child shall not be suspended any
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1 further or expelled unless the current placement could result in injury to the
2 child, other children, or the educational personnel, in which case an
3 appropriate alternative placement shall be provided that will provide for the
4 child's educational needs and will provide a safe learning and teaching
5 environment for all. If the admissions and release committee determines that
6 the behavior is not related to the disability, the local educational agency may
7 pursue its regular suspension or expulsion procedure for the child, if the
8 behavior so warrants. However, educational services shall not be terminated
9 during a period of expulsion and during a suspension after a student is
10 suspended for more than a total of ten (10) days during a school year. A
11 district may seek temporary injunctive relief through the courts if the parent
12 and the other members of the admissions and release committee cannot agree
13 upon a placement and the current placement will likely result in injury to the
14 student or others.
15 (9) Suspension of primary school students shall be considered only in exceptional cases
16 where there are safety issues for the child or others.
17 (10) Any action under this section related to students with disabilities shall be in
18 compliance with applicable federal law.
19 (11) [Nothing in ]This section shall not be interpreted or construed to preclude the
20 requirements contained in KRS 158.305 or 158.4416.
21 (12) Notwithstanding the term of an expulsion established under this section or by the
22 board, an expelled student shall be allowed to return to the school district subject
23 to the following:
24 (a) At least twenty-six (26) weeks shall have passed since the student was
25 expelled;
26 (b) The student was expelled pursuant to subsection (2)(a)3. of this section and
27 had not previously been expelled;
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1 (c) The expelled student shall have:
2 1. Written and submitted a letter to any person injured by the actions that
3 resulted in the expulsion and to the adjudicating body established in
4 paragraph (d) of this subsection that requests the end of the student's
5 expulsion;
6 2. Completed a total number of community service hours that is at least
7 equal to fifteen (15) hours for each week since the student was
8 expelled;
9 3. Earned a cumulative grade point average of at least three (3) on any
10 coursework completed since the student was expelled; and
11 4. Any other requirements established by the board; and
12 (d) Upon satisfying all requirements established in paragraphs (a), (b), and (c)
13 of this subsection, an adjudicating body shall review the expelled student's
14 request to end the expulsion. The adjudicating body shall:
15 1. Be composed of the superintendent or designee, the principal or
16 designee, and any individual person injured by the actions that
17 resulted in the expulsion;
18 2. Review the expelled student's request and evidence of satisfying the
19 requirements under paragraphs (a), (b), and (c) of this subsection;
20 and
21 3. Only authorize the end of the student's expulsion upon unanimous
22 agreement of the members of the adjudicating body.
23 Section 2. KRS 158.155 is amended to read as follows:
24 (1) Any school employee who knows or has reasonable cause to believe that a person
25 has made threats or plans of violence which are intended to target a school or
26 students or who knows that a firearm is present on school property in violation of
27 KRS 527.070 shall immediately cause a report to be made pursuant to subsection
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1 (10) of this section.
2 (2) Any school employee shall immediately report pursuant to subsection (10) of this
3 section any act which the employee has a reasonable cause to believe has occurred
4 on school property or at a school-sponsored or sanctioned event involving:
5 (a) Intentional physical injury, or intentional attempt to cause physical injury,
6 as defined in KRS 500.080, of any school employee;
7 (b) Intentional assault resulting in serious physical injury, as defined in KRS
8 500.080;
9 (c)[(b)] A sexual offense;
10 (d)[(c)] Kidnapping;
11 (e)[(d)] Assault with the use of a weapon;
12 (f)[(e)] Possession of a firearm or deadly weapon in violation of the law;
13 (g)[(f)] The use, possession, or sale of a controlled substance in violation of the
14 law; or
15 (h)[(g)] Intentional or wanton damage to property causing a pecuniary loss of
16 five hundred dollars ($500) or more.
17 (3) Any school employee who receives information from a student or other person of
18 conduct which is required to be reported under subsection (1) or (2) of this section
19 shall report the conduct pursuant to subsection (10) of this section, unless the
20 school employee has cause to believe a student's disability interfered with his or
21 her ability to conform to the student code of conduct.
22 (4) If a student has been adjudicated guilty of an offense specified in this subsection or
23 has been expelled from school for an offense specified in this subsection, prior to a
24 student's admission to any school, the parent, guardian, principal, or other person or
25 agency responsible for a student shall provide to the school a sworn statement or
26 affirmation indicating on a form provided by the Kentucky Board of Education that
27 the student has been adjudicated guilty or expelled from school attendance at a
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1 public or private school in this state or another state for homicide, assault, or an
2 offense in violation of state law or school regulations relating to weapons, alcohol,
3 or drugs. The sworn statement or affirmation shall be sent to the receiving school
4 within five (5) working days of the time when the student requests enrollment in the
5 new school.
6 (5) If any student who has been expelled from attendance at a public or private school
7 in this state for homicide, assault, or an offense in violation of state law or school
8 regulations relating to weapons, alcohol, or drugs requests transfer of his or her
9 records, those records shall reflect the charges and final disposition of the expulsion
10 proceedings.
11 (6) If any student who is subject to an expulsion proceeding at a public or private
12 school in this state for homicide, assault, or an offense in violation of state law or
13 school regulations relating to weapons, alcohol, or drugs requests transfer of his or
14 her records to a new school, the records shall not be transferred until that
15 proceeding has been terminated and shall reflect the charges and any final
16 disposition of the expulsion proceedings.
17 (7) [Neither ]The husband-wife privilege of KRE 504 or[nor] any professional-client
18 privilege, including those set forth in KRE 506 and 507, shall not be a ground for
19 refusing to make a report required under this section or for excluding evidence in a
20 judicial proceeding of the making of a report and of the conduct giving rise to the
21 making of a report. However, the attorney-client privilege of KRE 503 and the
22 religious privilege of KRE 505 are grounds for refusing to make a report or for
23 excluding evidence as to the report and the underlying conduct.
24 (8) [Nothing in ]This section shall not be construed as to require self-incrimination.
25 (9) A person acting upon reasonable cause in the making of a report under this section
26 in good faith shall be immune from any civil or criminal liability that might
27 otherwise be incurred or imposed from:
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1 (a) Making the report; and
2 (b) Participating in any judicial proceeding that resulted from the report.
3 (10) Notice required pursuant to this section shall be given to:[ ]
4 (a) Any law enforcement agency created by the local board of education;[, and
5 to:]
6 (b)[(a)] A local law enforcement agency not created by the local board of
7 education; or
8 (c)[(b)] The Department of Kentucky State Police.
9 (11) (a) A local board of education that has created a law enforcement agency shall
10 designate a local law enforcement agency not created by the local board of
11 education to receive reporting information from the law enforcement
12 agency created by the local board of education.
13 (b) A law enforcement agency created by the local board of education shall file
14 a report each week with the local law enforcement agency designated
15 pursuant to paragraph (a) of this subsection identifying all reports received
16 pursuant to this section by the law enforcement agency created by the local
17 board of education during the preceding week.[
18 (11) Any person who intentionally violates the provisions of this section shall be guilty
19 of a:
20 (a) Class B misdemeanor for the first offense;
21 (b) Class A misdemeanor for the second offense; and
22 (c) Class D felony for the third or subsequent offense.]
23 Section 3. KRS 158.990 is amended to read as follows:
24 (1) Any member of a school board who votes to permit entrance to a school of any
25 child not eligible therefor under the provisions of KRS 158.030 shall be fined not
26 less than five dollars ($5) nor more than fifty dollars ($50).
27 (2) Any person who intentionally violates Section 2 of this Act shall be guilty of a:
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1 (a) Class B misdemeanor for the first offense; and
2 (b) Class A misdemeanor for the second or subsequent offense[required to
3 report under KRS 158.155 who fails to report promptly or who refuses to
4 make a report is guilty of a Class A misdemeanor].
5 Section 4. KRS 159.170 is amended to read as follows:
6 (1) Whenever any child of compulsory school age withdraws from school, the teacher
7 of the student[child] shall ascertain the reason. The fact of the withdrawal and the
8 reason for it shall be immediately transmitted by the teacher to the superintendent
9 of schools of the district in which the school is located. If the student[child] has
10 withdrawn because of change of residence, the next residence shall be ascertained
11 and included in the report.
12 (2) The Kentucky Department of Education shall ensure that the student information
13 system facilitates the collection of student data and the transfer of education records
14 among schools and local districts.
15 (3) Within five (5) days of a student being expelled under Section 1 of this Act, a
16 school district shall enter the expulsion in the student's record within the student
17 information system.
18 (4) A school district shall notify the Kentucky Department of Education when a new
19 student enrolls in a school in the district.
20 (5)[(4)] The Kentucky Department of Education, upon notification of a student's
21 enrollment in a school, shall forward within ten (10) working days all records
22 regarding the student collected under this section to the receiving district.
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