158.155 Reporting of specified incidents of student conduct -- Notation on school
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/ky/158-155A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
records -- Report to law enforcement of certain student conduct -- Immunity --
Penalty.
(1)Any school employee who knows or has reasonable cause to believe that a person
has made threats or plans of violence which are intended to target a school or
students or who knows that a firearm is present on school property in violation of
KRS 527.070 shall immediately cause a report to be made pursuant to subsection
(10)of this section.
(2)Any school employee shall immediately report pursuant to subsection
(10)of this
section any act which the employee has a reasonable cause to believe has occurred
on school property or at a school-sponsored or sanctioned event involving:
(a)Assault resulting in serious physical injury;
(b)A sexual offense;
(c)Kidnapping;
(d)Assault with the use of a weapon;
(e)Possession of a firearm or deadly weapon in violation of the law;
(f)The use, possession, or sale of a controlled substance in violation of the law;
or
(g)Damage to property.
(3)Any school employee who receives information from a student or other person of
conduct which is required to be reported under subsection
(1)or
(2)of this section
shall report the conduct pursuant to subsection
(10)of this section.
(4)If a student has been adjudicated guilty of an offense specified in this subsection or
has been expelled from school for an offense specified in this subsection, prior to a
student's admission to any school, the parent, guardian, principal, or other person or
agency responsible for a student shall provide to the school a sworn statement or
affirmation indicating on a form provided by the Kentucky Board of Education that
the student has been adjudicated guilty or expelled from school attendance at a
public or private school in this state or another state for homicide, assault, or an
offense in violation of state law or school regulations relating to weapons, alcohol,
or drugs. The sworn statement or affirmation shall be sent to the receiving school
within five
(5)working days of the time when the student requests enrollment in the
new school.
(5)If any student who has been expelled from attendance at a public or private school
in this state for homicide, assault, or an offense in violation of state law or school
regulations relating to weapons, alcohol, or drugs requests transfer of his records,
those records shall reflect the charges and final disposition of the expulsion
proceedings.
(6)If any student who is subject to an expulsion proceeding at a public or private
school in this state for homicide, assault, or an offense in violation of state law or
school regulations relating to weapons, alcohol, or drugs requests transfer of his
records to a new school, the records shall not be transferred until that proceeding
has been terminated and shall reflect the charges and any final disposition of the
expulsion proceedings.
(7)Neither the husband-wife privilege of KRE 504 nor any professional-client
privilege, including those set forth in KRE 506 and 507, shall be a ground for
refusing to make a report required under this section or for excluding evidence in a
judicial proceeding of the making of a report and of the conduct giving rise to the
making of a report. However, the attorney-client privilege of KRE 503 and the
religious privilege of KRE 505 are grounds for refusing to make a report or for
excluding evidence as to the report and the underlying conduct.
(8)Nothing in this section shall be construed as to require self-incrimination.
(9)A person acting upon reasonable cause in the making of a report under this section
in good faith shall be immune from any civil or criminal liability that might
otherwise be incurred or imposed from:
(a)Making the report; and
(b)Participating in any judicial proceeding that resulted from the report.
(10)Notice required pursuant to this section shall be given to any law enforcement
agency created by the local board of education, and to:
(a)A local law enforcement agency not created by the local board of education;
or
(b)The Department of Kentucky State Police.
(11)Any person who intentionally violates the provisions of this section shall be guilty
of a:
(a)Class B misdemeanor for the first offense;
(b)Class A misdemeanor for the second offense; and
(c)Class D felony for the third or subsequent offense.