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158.183 Prohibited acts by students -- Rights of student -- Administrative remedies.

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Page 1 of 2 158.183 Prohibited acts by students -- Rights of student -- Administrative remedies. (1) A student shall have the right to carry out an activity described in any of paragraphs (a) to (d) of subsection (2) of this section, if the student does not: <br>(a) Infringe on the rights of the school to: 1. Maintain order and discipline; 2. Prevent disruption of the educational process; and 3. Determine educational curriculum and assignments; (b) Harass other persons or coerce other persons to participate in the activity; or <br>(c) Otherwise infringe on the rights of other persons. (2) Subject to the provisions of subsection (1) of this section, a student shall be permitted to voluntarily: <br>(a) Pray in a public school, vocally or silently, alone or with other students to the same extent and under the same circumstances as a student is permitted to <br>vocally or silently reflect, meditate, or speak on nonreligious matters alone or <br>with other students in the public school; (b) Express religious viewpoints in a public school to the same extent and under the same circumstances as a student is permitted to express viewpoints on <br>nonreligious topics or subjects in the school; (c) Speak to and attempt to discuss religious viewpoints with other students in a public school to the same extent and under the same circumstances as a <br>student is permitted to speak to and attempt to share nonreligious viewpoints <br>with other students. However, any student may demand that this speech or <br>these attempts to share religious viewpoints not be directed at him or her; (d) Distribute religious literature in a public school, subject to reasonable time, place, and manner restrictions to the same extent and under the same <br>circumstances as a student is permitted to distribute literature on nonreligious <br>topics or subjects in the school; and (e) Be absent, in accordance with attendance policy, from a public school to observe religious holidays and participate in other religious practices to the <br>same extent and under the same circumstances as a student is permitted to be <br>absent from a public school for nonreligious purposes. (3) No action may be maintained under KRS 158.181 to 158.187 unless the student has exhausted the following administrative remedies; <br>(a) The student or the student's parent or guardian shall state his or her complaint to the school's principal. The principal shall investigate and take appropriate <br>action to ensure the rights of the student are resolved within seven (7) days of <br>the date of the complaint; (b) If the concerns are not resolved, then the student or the student's parent or guardian shall make a complaint in writing to the superintendent with the <br>specific facts of the alleged violation; Page 2 of 2 (c) The superintendent shall investigate and take appropriate action to ensure that the rights of the student are resolved within thirty (30) days of the date of the <br>written complaint; and (d) Only after the superintendent's investigation and action may a student or the student's parent or legal guardian pursue any other legal action. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 294, sec. 3, effective July 15, 1998.