KRS § 158.193 — KY Code / Title XIII / Chapter 158 / Section 158.193
158.193 Private religious expression by school employees -- Activities permitted while employees are on duty -- Construction
Status: in_force

158.193 Private religious expression by school employees -- Activities permitted

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.