158.193 Private religious expression by school employees -- Activities permitted
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/ky/158-193A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
while employees are on duty -- Construction.
(1)For the purposes of this section, "on duty" means those times when a school district
employee is:
(a)Required by the district to be on campus or at another designated location and
required to perform the scope of the employee's duties; or
(b)Otherwise acting as a designated representative of the school district.
(2)A school district shall not punish or prohibit an employee from, or punish an
employee for, engaging in private religious expression otherwise protected by the
First Amendment to the United States Constitution absent a showing that the
employee has engaged in actual coercion.
(3)While a school district employee is on duty, the employee may, at a minimum:
(a)Engage in religious expression and discussions and share religious materials
with other employees at the same time and in the same manner that employees
are permitted to engage in nonreligious expression and discussions outside the
scope of duties;
(b)Engage in private religious expression at a time when it is otherwise
permissible for an employee to engage in private expressive conduct or act
outside the scope of duties;
(c)Meet with other district employees for prayer or religious study during times
that the employee is allowed to act outside the scope of duties, including but
not limited to employee breaks, time before school, and during lunch;
(d)Work as a sponsor of a student religious club or organization and assist
students in planning meetings, activities, and events to the same extent that
employee sponsors of nonreligious clubs or organizations are permitted to do
so;
(e)Wear religious clothing, symbols, or jewelry, provided that such items
otherwise comply with any dress code implemented by the school district;
(f)Decorate their desk and other personal spaces with personal items that reflect
their religious beliefs to the same extent that other employees are permitted to
decorate their desk and other personal spaces with personal items; and
(g)During noninstructional time, engage in religious expression and share
religious materials to the same extent that other employees may engage in
private expression permitted under the First Amendment to the United States
Constitution.
(4)Nothing in this section shall be construed to authorize the state or any other
governmental organization to:
(a)Require any person to participate in prayer or any other religious activity; or
(b)Violate the constitutional rights of any person.
(5)This section shall not be construed to limit a school district's authority to:
(a)Maintain order and discipline on school property in a content-neutral and
viewpoint-neutral manner;
(b)Protect the safety of students, employees, and visitors; and
(c)Adopt and enforce policies and procedures regarding student speech at school
that respect the rights of students.