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158.153 Punishment based on child's records -- Disclosure of records -- Cause of action -- Districtwide standards of behavior for students participating in extracurricular activities.

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Page 1 of 2 158.153 Punishment based on child's records -- Disclosure of records -- Cause of action -- Districtwide standards of behavior for students participating in <br>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 <br>on information contained in a record of an adjudication of delinquency or <br>conviction of an offense received by the school pursuant to KRS 610.345 or from <br>any other source. Nothing in this subsection shall be construed to prohibit a local <br>school board or school official from instituting disciplinary proceedings against any <br>student for violating the discipline policy of the school or school district or taking <br>actions necessary to protect staff and students. Actions to protect staff and students <br>may be taken only after the principal makes a determination that the conduct of the <br>student reflected in the records of the school or obtained by the school from the <br>court indicates a substantial likelihood of an immediate and continuing threat that <br>the student will cause harm to students or staff, and that the restrictions to be <br>ordered represent the least restrictive alternative available and appropriate to <br>remedy the threat, and that the determination and supporting material be <br>documented in the child's record. The action of the principal, in addition to or in <br>lieu of any other procedure available, may be appealed by the child or the child's <br>parent or guardian to the superintendent of the school system or to the Circuit Court <br>in the county in which the school is located, and the appealing party may be <br>represented by counsel. (2) 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 <br>has received information contained in or relating to a record received by the school <br>pursuant to KRS 610.345 shall disclose the fact of the record's existence, or any <br>information contained in the record or received from the record to any other person, <br>including but not limited to other teachers, school employees, pupils, or parents <br>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 <br>this section or divulging information in violation of KRS 610.345 or 610.340. This <br>civil cause of action shall be in addition to any other criminal or administrative <br>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 <br>extracurricular and cocurricular activities, including athletics. A school principal <br>may deny or terminate a student's eligibility to participate in extracurricular or <br>cocurricular activities if the student has violated the local district behavior standards <br>or the council's criteria for participation, as described in KRS 160.345(2)(i)8. A <br>student's right to participate in extracurricular or cocurricular activities, including <br>athletics, may be suspended, pending investigation of an allegation that the <br>standards of behavior have been violated. Effective: July 15, 1998 Page 2 of 2 History: Amended 1998 Ky. Acts ch. 107, sec. 1, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 61, effective July 15, 1996. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(2), this statute becomes effective July 15, 1996.