KRS § 158.191 — KY Code / Title XIII / Chapter 158 / Section 158.191
158.191 Health and mental health services related to human sexuality, contraception, or family planning -- District to notify parents -- District prohibited from keeping student information confidential from a parent -- Prohibition on policies for use of pronouns that do not conform to a student's biological sex
Status: in_force

158.191 Health and mental health services related to human sexuality,

contraception, or family planning -- District to notify parents -- District

prohibited from keeping student information confidential from a parent --

Prohibition on policies for use of pronouns that do not conform to a student's

biological sex.

(1) As used in this section:

(a) "External health care provider" means a provider of health or mental health

services that is not employed by or contracted with the school district to

provide services to the district's students;

(b) "Health services" has the same meaning as in KRS 156.502;

(c) "Mental health services" means services provided by a school-based mental

health services provider as defined in KRS 158.4416 but shall not include

academic or career counseling; and

(d) "Parent" means a person who has legal custody or control of the student such

as a mother, father, or guardian.

(2) Upon a student's enrollment and at the beginning of each school year, the district

shall provide a notification to the student's parents listing each of the health services

and mental health services related to human sexuality, contraception, or family

planning available at the student's school and of the parents' right to withhold

consent or decline any of those specific services. A parent's consent to a health

service or mental health service under this subsection shall not waive the parent's

right to access the student's educational or health records held by the district or the

notifications required under subsection (3) of this section.

(3) Except as provided in subsection (5) of this section, as part of a school district's

effort to provide a safe and supportive learning environment for students, a school

shall notify a student's parents if:

(a) The school changes the health services or mental health services related to

human sexuality, contraception, or family planning that it provides, and shall

obtain parental consent prior to providing health services or mental health

services to the student; or

(b) School personnel make a referral:

1. For the student to receive a school's health services or mental health

services; or

2. To an external health care provider, for which parental consent shall be

obtained prior to the referral being made.

(4) School districts and district personnel shall respect the rights of parents to make

decisions regarding the upbringing and control of the student through procedures

encouraging students to discuss mental or physical health or life issues with their

parents or through facilitating the discussion with their parents.

(5) (a) The Kentucky Board of Education or the Kentucky Department of Education

shall not require or recommend that a local school district keep any student

information confidential from a student's parents. A district or school shall not

adopt policies or procedures with the intent of keeping any student

information confidential from parents.

(b) The Kentucky Board of Education or the Kentucky Department of Education

shall not require or recommend policies or procedures for the use of pronouns

that do not conform to a student's biological sex as indicated on the student's

original, unedited birth certificate issued at the time of birth pursuant to KRS

156.070(2)(g)2.

(c) A local school district shall not require school personnel or students to use

pronouns for students that do not conform to that particular student's

biological sex as referenced in paragraph (b) of this subsection.

(d) Nothing in this subsection shall prohibit a school district or district personnel

from withholding information from a parent if a reasonably prudent person

would believe, based on previous conduct and history, that the disclosure

would result in the child becoming a dependent child or an abused or

neglected child as defined in KRS 600.020. The fact that district personnel

withhold information from a parent under this subsection shall not in itself

constitute evidence of failure to report dependency, neglect, or abuse to the

Cabinet for Health and Family Services under KRS 620.030.

(6) Prior to a well-being questionnaire or assessment, or a health screening form being

given to a child for research purposes, a school district shall provide the student's

parent with access to review the material and shall obtain parental consent. Parental

consent shall not be a general consent to these assessments or forms but shall be

required for each assessment or form. A parent's refusal to consent shall not be an

indicator of having a belief regarding the topic of the assessment or form.

(7) Nothing in this section shall:

(a) Prohibit a school district or the district's personnel from seeking or providing

emergency medical or mental health services for a student as outlined in the

district's policies; or

(b) Remove the duty to report pursuant to KRS 620.030 if district personnel has

reasonable cause to believe the child is a dependent child or an abused or

neglected child due to the risk of physical or emotional injury identified in

KRS 600.020(1)(a)2. or as otherwise provided in that statute.