Kentucky H.B. 91

Kentucky H.B. 91

School Safety

Requires any school or local board employee who knows or has cause to believe that a student has been the victim of a violation of any felony offense committed by another student on school premises, on school-sponsored transportation, or at a school-sponsored event to immediately cause an oral or written report to be made to the principal of the victim's school. Requires the principal to notify the parents when the student is involved in a reported incident. Specifies information the principal must file with the local school board and the local law enforcement agency or the Department of Kentucky State Police or the county attorney within 48 hours of the original report, and requires the agency receiving the report to investigate the matter referred to it. Provides immunity for reports made in good faith.

Requires districts to report and the statewide data collection system to include all incidents in which a student has been disciplined by the school for a serious incident, including the nature of the discipline, or charged criminally for specified offenses on school premises, on school-sponsored transportation or at school functions. Requires all data to be subject to the confidentiality provisions of the the state and federal Family Education Rights and Privacy Act (FERPA). Provides that parents must have the right to inspect or challenge personally identifiable student records as permitted under FERPA. Requires all data collected per these requirements on an individual student committing a reportable incident to be placed in the student's disciplinary record.

Requires the department of education to provide the office of education accountability and the education assessment and accountability review subcommittee with an annual statistical report of the number and types of incidents of: (1) Violence and assault against school employees and students; (2) Possession of guns or other deadly weapons on school property or at school functions; (3) Possession or use of alcohol, prescription drugs, or controlled substances on school property or at school functions; and (4) All incidents in which a student has been disciplined by the school for a serious incident, including the nature of the discipline, or charged criminally for specified violations on school grounds, on school-sponsored transportation, or at school functions. Requires that the report include all monthly data and cumulative data for each reporting year. Prohibits the report from containing information personally identifying any student.

Requires the department of education to distribute to all districts in every even-numbered year, beginning in 2008: (1) Statewide student discipline guidelines to ensure safe schools, including the definition of a serious incident for reporting purposes; (2) Recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student achievement; and (3) A model policy to implement reporting of student incidents, data collection, and harassment and intimidation provisions as required in this legislation. Requires each local board's code of acceptable student behavior and discipline to be updated at least every two years, with the first update being completed by November 30, 2008. Provides that each code must include:
1. Procedures for identifying, documenting, and reporting incidents of violations of the code and felony violations by any student against another student while on school premises, on school-sponsored transportation, or at a school-sponsored event
2. Procedures for investigating and responding to a complaint or a report of a violation of the code or of a felony incident on school grounds or at a school-sponsored event, including reporting incidents to the parents of the students involved
3. A strategy or method of protecting from retaliation a complainant or person reporting a violation of the code or a felony incident on school grounds or at a school-sponsored event
4. A process for informing students, parents, and school employees of the requirements of the code and enumerated other provisions, including training for school employees
5. Information regarding the consequences of violating the code specified reportable violations.

Provides that a student is guilty of harassment when the student, with intent to intimidate, harass, annoy or alarm another person, and while on school premises, on school-sponsored transportation, or at a school-sponsored event:
1. Damages or commits a theft of the property of another student
2. Substantially disrupts the operation of the school
3. Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation or embarrassment.

Also provides that a student is guilty of "harassing communications" when, with intent to intimidate, harass, annoy, or alarm another person he or she communicates with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation or embarrassment, and which serves no purpose of legitimate communication.
http://www.lrc.ky.gov/record/08RS/HB91/bill.doc

Source:
www.lrc.ky.gov

Status: Signed into law Status Date: 04/15/2008

Kentucky H.B. 91
School Safety
Requires any school or local board employee who knows or has cause to believe that a student has been the victim of a violation of any felony offense committed by another student on school premises, on school-sponsored transportation, or at a school-sponsored event to immediately cause an oral or written report to be made to the principal of the victim's school. Requires the principal to notify the parents when the student is involved in a reported incident. Specifies information the principal must file with the local school board and the local law enforcement agency or the Department of Kentucky State Police or the county attorney within 48 hours of the original report, and requires the agency receiving the report to investigate the matter referred to it. Provides immunity for reports made in good faith. Requires districts to report and the statewide data collection system to include all incidents in which a student has been disciplined by the school for a serious incident, including the nature of the discipline, or charged criminally for specified offenses on school premises, on school-sponsored transportation or at school functions. Requires all data to be subject to the confidentiality provisions of the the state and federal Family Education Rights and Privacy Act (FERPA). Provides that parents must have the right to inspect or challenge personally identifiable student records as permitted under FERPA. Requires all data collected per these requirements on an individual student committing a reportable incident to be placed in the student's disciplinary record. Requires the department of education to provide the office of education accountability and the education assessment and accountability review subcommittee with an annual statistical report of the number and types of incidents of: (1) Violence and assault against school employees and students; (2) Possession of guns or other deadly weapons on school property or at school functions; (3) Possession or use of alcohol, prescription drugs, or controlled substances on school property or at school functions; and (4) All incidents in which a student has been disciplined by the school for a serious incident, including the nature of the discipline, or charged criminally for specified violations on school grounds, on school-sponsored transportation, or at school functions. Requires that the report include all monthly data and cumulative data for each reporting year. Prohibits the report from containing information personally identifying any student. Requires the department of education to distribute to all districts in every even-numbered year, beginning in 2008: (1) Statewide student discipline guidelines to ensure safe schools, including the definition of a serious incident for reporting purposes; (2) Recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student achievement; and (3) A model policy to implement reporting of student incidents, data collection, and harassment and intimidation provisions as required in this legislation. Requires each local board's code of acceptable student behavior and discipline to be updated at least every two years, with the first update being completed by November 30, 2008. Provides that each code must include: 1. Procedures for identifying, documenting, and reporting incidents of violations of the code and felony violations by any student against another student while on school premises, on school-sponsored transportation, or at a school-sponsored event 2. Procedures for investigating and responding to a complaint or a report of a violation of the code or of a felony incident on school grounds or at a school-sponsored event, including reporting incidents to the parents of the students involved 3. A strategy or method of protecting from retaliation a complainant or person reporting a violation of the code or a felony incident on school grounds or at a school-sponsored event 4. A process for informing students, parents, and school employees of the requirements of the code and enumerated other provisions, including training for school employees 5. Information regarding the consequences of violating the code specified reportable violations. Provides that a student is guilty of harassment when the student, with intent to intimidate, harass, annoy or alarm another person, and while on school premises, on school-sponsored transportation, or at a school-sponsored event: 1. Damages or commits a theft of the property of another student 2. Substantially disrupts the operation of the school 3. Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation or embarrassment. Also provides that a student is guilty of "harassing communications" when, with intent to intimidate, harass, annoy, or alarm another person he or she communicates with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation or embarrassment, and which serves no purpose of legitimate communication. http://www.lrc.ky.gov/record/08RS/HB91/bill.doc
Source: www.lrc.ky.gov
Status: Signed into law	Status Date: 04/15/2008