160.145 Definitions -- Designated traceable communication system as exclusive
996 words·~5 min read·
/ky/160-145A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
electronic communications method -- Parental authorization for exceptions --
Report of unauthorized electronic communication -- Disciplinary penalties --
Notification and investigation of report.
(1)As used in this section:
(a)"Family member" means a parent, brother, sister, son, daughter, aunt, uncle,
or grandparent;
(b)"Parent" means a parent, legal guardian, or other person or agency responsible
for a student;
(c)"School district employee or volunteer" means a school administrator,
classified or certified employee of a school district, school volunteer,
nonfaculty coach or assistant coach, student teacher, or sponsor of an
extracurricular program or activity;
(d)"Traceable communication system" means one
(1)or more electronic school
notification and communication programs or applications that:
1. Are designated by a local board of education in accordance with
subsection
(2)of this section;
2. Trace all communications sent to or by a student; and
3. Provide parents an opportunity to access and review those
communications; and
(e)"Unauthorized electronic communication":
1. Means an electronic communication with a student by a school district
employee or volunteer who is not the student's family member that
occurs outside of a designated traceable communication system and
without prior written parental consent; and
2. Includes any personal email account, text messaging, social media, or
other electronic notification and communication programs outside of the
traceable communication system.
(2)Each local board of education shall designate a traceable communication system to
be the exclusive means for a school district employee or volunteer to communicate
electronically with students. The principal of each public school shall provide
parents written or electronic notification within the first ten
(10)days of the school
year of each electronic school notification and communication program designated
within the traceable communication system. The notification shall include
instructions for parents to access and review communications sent through each
electronic school notification and communication program.
(a)Except as provided in subsections
(4)and
(5)of this section, a school district
employee or volunteer shall not communicate electronically with a student:
1. Outside of the traceable communication system designated by the local
board of education; or
2. Through an unauthorized electronic communication program or
application.
(b)A school district employee that violates paragraph
(a)of this subsection shall
be subject to disciplinary action in accordance with:
1. For certified employees, KRS 161.120 and 161.790; or
2. For classified employees, KRS 161.011(7).
(c)A school volunteer that violates paragraph
(a)of this subsection shall be
prohibited from future school volunteer opportunities.
(4)A parent may submit written consent to authorize a designated school district
employee or volunteer who is not a family member to communicate electronically
with his or her child outside of the traceable communication system. The written
consent:
(a)Shall be filed in the administrative office of the student's school prior to any
electronic communication being sent from a school district employee or
volunteer to a student outside of the traceable communication system;
(b)Shall designate a single, specific school district employee or volunteer per
each consent form that may communicate with the student outside of the
traceable communication system and shall not be transferable to any other
school district employee or volunteer;
(c)May be revoked by a parent at any time;
(d)May establish terms limiting electronic communication with a student,
including a term requiring that a parent be included as a direct party to all
electronic communications sent to the student outside of the traceable
communication system or establishing an expiration for the term of the
consent. Any electronic communication with a student outside of the traceable
communication system shall comply with all terms of the written consent; and
(e)Shall not authorize a school district employee to engage in inappropriate or
sexual electronic communication with a student or be used as a basis of a
defense for a school district employee that engages in inappropriate or sexual
electronic communication.
(5)Notwithstanding subsections
(2)and
(3)of this section, this section shall not restrict
any electronic communications between a student and his or her family member
who is a school district employee or volunteer.
(a)A school district employee or volunteer that receives a report alleging that
another school district employee participated in unauthorized electronic
communication shall immediately notify the supervising principal. If the
subject of the report is the principal, the employee shall immediately notify
the superintendent of the school district. If the subject of the report is the
superintendent, the employee shall immediately notify the commissioner of
education and the chair of the local board of education.
(b)A school district employee that violates paragraph
(a)of this subsection shall
be subject to disciplinary action in accordance with:
1. For certified employees, KRS 161.120 and 161.790; or
2. For classified employees, KRS 161.011(7).
(a)Upon receipt of a report alleging that a school district employee or volunteer
participated in unauthorized electronic communication, the commissioner of
education, a principal, or a superintendent shall immediately:
1. Notify the parent of each student that is an alleged party to the
unauthorized electronic communications; and
2. a. If the individual that is the subject of the report is a certified
employee:
i. Notify the Education Professional Standards Board, which
shall promptly investigate all allegations received under this
subsection and proceed with appropriate disciplinary actions
in accordance with KRS 161.120; and
ii. Investigate the underlying allegations and proceed with
appropriate disciplinary actions in accordance with KRS
161.790;
b. If the individual that is the subject of the report is a classified
employee, investigate the underlying allegations and proceed with
appropriate disciplinary actions in accordance with KRS
161.011(7); and
c. If the individual that is the subject of the report is a school or
district volunteer, the school or district shall investigate the
underlying allegations and, if substantiated, the volunteer shall be
prohibited from future school and district volunteer opportunities.
(b)A principal or superintendent who violates paragraph
(a)of this subsection
shall be subject to disciplinary action in accordance with KRS 156.132 and
161.120.