KRS § 160.145 — KY Code / Title XIII / Chapter 160 / Section 160.145
160.145 Definitions -- Designated traceable communication system as exclusive electronic communications method -- Parental authorization for exceptions -- Report of unauthorized electronic communication -- Disciplinary penalties -- Notification and investigation of report
Status: in_force

160.145 Definitions -- Designated traceable communication system as exclusive

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.

(3) (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.

(6) (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).

(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.