KRS § 158.153 — KY Code / Title XIII / Chapter 158 / Section 158.153
158.153 Punishment based on child's records -- Disclosure of records -- Cause of action -- Districtwide standards of behavior for students participating in extracurricular activities
Status: in_force

158.153 Punishment based on child's records -- Disclosure of records -- Cause of

action -- Districtwide standards of behavior for students participating in

extracurricular activities.

(1) Unless the action is taken pursuant to KRS 158.150, no school, school

administrator, teacher, or other school employee shall expel or punish a child based

on information contained in a record of an adjudication of delinquency or

conviction of an offense received by the school pursuant to KRS 610.345 or from

any other source. Nothing in this subsection shall be construed to prohibit a local

school board or school official from instituting disciplinary proceedings against any

student for violating the discipline policy of the school or school district or taking

actions necessary to protect staff and students. Actions to protect staff and students

may be taken only after the principal makes a determination that the conduct of the

student reflected in the records of the school or obtained by the school from the

court indicates a substantial likelihood of an immediate and continuing threat that

the student will cause harm to students or staff, and that the restrictions to be

ordered represent the least restrictive alternative available and appropriate to

remedy the threat, and that the determination and supporting material be

documented in the child's record. The action of the principal, in addition to or in

lieu of any other procedure available, may be appealed by the child or the child's

parent or guardian to the superintendent of the school system or to the Circuit Court

in the county in which the school is located, and the appealing party may be

represented by counsel.

(2) Except as provided in KRS 610.345, no school, school administrator, teacher, or

other school employee who has custody of records received or maintained by the

school pursuant to KRS 610.345 or who has received information contained in or

relating to a record received by the school pursuant to KRS 610.345 shall disclose

the fact of the record's existence, or any information contained in the record or

received from the record to any other person, including but not limited to other

teachers, school employees, pupils, or parents other than the pupil, or parents of the

pupil who is the subject of the record.

(3) The child and his parent or guardian shall have a civil cause of action against the

school board and against any school administrator violating subsection (1) or (2) of

this section or divulging information in violation of KRS 610.345 or 610.340. This

civil cause of action shall be in addition to any other criminal or administrative

remedy provided by law.

(4) Nothing in this section shall be construed to prohibit a local board of education

from establishing districtwide standards of behavior for students who participate in

extracurricular and cocurricular activities, including athletics. A school principal

may deny or terminate a student's eligibility to participate in extracurricular or

cocurricular activities if the student has violated the local district behavior standards

or the council's criteria for participation, as described in KRS 160.345(2)(i)8. A

student's right to participate in extracurricular or cocurricular activities, including

athletics, may be suspended, pending investigation of an allegation that the

standards of behavior have been violated.