158.155 Reporting of specified incidents of student conduct -- Notation on school records -- Report to law enforcement of certain student conduct -- Immunity.
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<![CDATA[ Page 1 of 2 158.155 Reporting of specified incidents of student conduct -- Notation on school records -- Report to law enforcement of certain student conduct -- Immunity. (1) If a student has been adjudicated guilty of an offense specified in this subsection or has been expelled from school for an offense specified in this subsection, prior to a <br>student's admission to any school, the parent, guardian, principal, or other person or <br>agency responsible for a student shall provide to the school a sworn statement or <br>affirmation indicating on a form provided by the Kentucky Board of Education that <br>the student has been adjudicated guilty or expelled from school attendance at a <br>public or private school in this state or another state for homicide, assault, or an <br>offense in violation of state law or school regulations relating to weapons, alcohol, <br>or drugs. The sworn statement or affirmation shall be sent to the receiving school <br>within five (5) working days of the time when the student requests enrollment in the <br>new school. (2) If any student who has been expelled from attendance at a public or private school in this state for homicide, assault, or an offense in violation of state law or school <br>regulations relating to weapons, alcohol, or drugs requests transfer of his records, <br>those records shall reflect the charges and final disposition of the expulsion <br>proceedings. (3) If any student who is subject to an expulsion proceeding at a public or private school in this state for homicide, assault, or an offense in violation of state law or <br>school regulations relating to weapons, alcohol, or drugs requests transfer of his <br>records to a new school, the records shall not be transferred until that proceeding <br>has been terminated and shall reflect the charges and any final disposition of the <br>expulsion proceedings. (4) A person who is an administrator, teacher, or other employee of a public or private school shall promptly make a report to the local police department, sheriff, or the <br>Department of Kentucky State Police, by telephone or otherwise, if: <br>(a) The person knows or has reasonable cause to believe that conduct has occurred which constitutes: <br>1. A misdemeanor or violation offense under the laws of this <br>Commonwealth and relates to: <br>a. Carrying, possession, or use of a deadly weapon; or b. Use, possession, or sale of controlled substances; or 2. Any felony offense under the laws of this Commonwealth; and (b) The conduct occurred on the school premises or within one thousand (1,000) feet of school premises, on a school bus, or at a school-sponsored or <br>sanctioned event. (5) A person who is an administrator, teacher, supervisor, or other employee of a public or private school who receives information from a student or other person of <br>conduct which is required to be reported under subsection (1) of this section shall <br>report the conduct in the same manner as required by that subsection. (6) Neither the husband-wife privilege of KRE 504 nor any professional-client privilege, including those set forth in KRE 506 and 507, shall be a ground for Page 2 of 2 refusing to make a report required under this section or for excluding evidence in a <br>judicial proceeding of the making of a report and of the conduct giving rise to the <br>making of a report. However, the attorney-client privilege of KRE 503 and the <br>religious privilege of KRE 505 are grounds for refusing to make a report or for <br>excluding evidence as to the report and the underlying conduct. (7) Nothing in this section shall be construed as to require self-incrimination. <br>(8) A person acting upon reasonable cause in the making of a report under this section in good faith shall be immune from any civil or criminal liability that might <br>otherwise be incurred or imposed from: <br>(a) Making the report; and <br>(b) Participating in any judicial proceeding that resulted from the report. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 167, effective June 26, 2007. -- Amended 2004 Ky. Acts ch. 185, sec. 2, effective July 13, 2004. -- Amended 1996 Ky. Acts <br>ch. 362, sec. 6, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 471, sec. 1, <br>effective July 15, 1994. Legislative Research Commission Note (7/15/94). A comma has been added after the second use of the word "premises" in paragraph (b) of subsection (4) of this statute. <br>The drafter of 1994 Ky. Acts ch. 471 advises and the context clearly establishes that <br>the omission of this comma in that Act was a manifest clerical or typographical error. <br>See KRS 7.136(1)(h). ]]>