HB 64 (BR 326) - M. Cherry, C. Belcher, L. Clark, J. Draud, M. Marzian, D. Owens, R. Palumbo, R. Rand, T. Riner, A. Simpson, K. Stein, T. Thompson, J. Wayne, R. Weston, B. Yonts
AN ACT relating to the safety, learning, and well-being of students.
Amend KRS 158.440 to require school districts to have plans, policies, and procedures dealing with measures for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student; amend KRS 158.441 to define "harassment, intimidation, or bullying"; allow civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution to be included in areas exempt from the definition; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior and discipline that prohibits harassment, intimidation, or bullying of a student and includes procedures for identifying, reporting, investigating, and responding to complaints, a strategy for protecting complainants from retaliation, a process for annually discussing the code, and the consequences of violating the code with students and their parents or their legal guardians; require school districts to provide training on the district's acceptable code of behavior to school employees who have direct contact with students if funds exist for this purpose; require school districts to include code of acceptable behavior in district employee training manual; require school councils that are proposing to adopt an instructional program or curriculum designed to instruct students on issues regarding harassment, intimidation, or bullying to afford parents, in a timely manner, the right to inspect and review the instructional material prior to adoption and to address the council on the proposal prior to its adoption; offer parents and legal guardians the opportunity to opt out their students from programs or curriculum regarding harassment, intimidation, or bullying; specify that students who are opted out shall remain subject to the policy that prohibits harassment, intimidation, or bullying; amend KRS 158.150 to include student harassment, intimidation, or bullying as a cause for suspension, expulsion, or other appropriate disciplinary action; amend 158.444 to require local school districts to report to the Kentucky Department of Education all incidents in which a student has been disciplined for harassment, intimidation, or bullying three times in a single semester or where an individual has been the object of three or more documented incidents of harassment, intimidation, or bullying in a single semester; create a new section of KRS Chapter 158 to require that all student data collected that is related to harassment, intimidation, or bullying be subject to the confidentiality provisions of both the federal and the Kentucky Family Education Rights and Privacy Acts; afford parents the right to inspect or challenge student records as permitted under those Acts; require individual student data collected that is related to harassment, intimidation, or bullying to be placed in the student's disciplinary record; create a new section of KRS Chapter 158 to provide immunity to school employees or students from a cause of action for damages arising from reporting in good faith a student's disruptive or disorderly behavior if school and district procedures are followed regarding the report; make technical corrections.
HB 64 - AMENDMENTS
HFA (1, J. DeCesare) - Create a new section of KRS Chapter 158 to exclude a student from being charged with bullying for expressing opinions about polygamy or homosexuality in a way that is not physically threatening.
HFA (2, J. DeCesare) - Amend to include provision that the psychological well-being of a student is injured when his or her faith-based values and convictions against homosexuality and same-sex marriage are openly ridiculed, mocked, or mischaracterized as bigoted, hateful, or homophobic.
HFA (3, T. Riner) - Identify "The Golden Rule" as the model for improving attitude and the rule for conduct for all public school students; identify the Act as "The Golden Rule Act."
HFA (4, D. Floyd) - Retain original provisions; require local school districts to provide training to victims of bullying for victim empowerment.
HFA (5, D. Floyd) - Amend KRS 157.3175 to require, beginning with the 2008-2009 school year, a school district to provide a preschool education program for each child who is at risk of educational failure and who is 4 years of age by August 1, rather than October 1; amend KRS 157.226 to establish, beginning with the 2008-2009 school year, that a child with a disability shall be eligible for a free and appropriate preschool education if he or she is 3 or 4 years of age, or who may become 5 years of age after August 1, rather than October 1; amend KRS 158.030 to permit, beginning with the 2008-2009 school year, any child to enter the primary program if he or she is 5 years old or may become 5 years old by August 1, rather than October 1.
HFA (6/Title, D. Floyd) - Make title amendment.
HFA (7, K. Bratcher) - Create a new section of KRS Chapter 158 to prohibit a student who is taking physician-prescribed medication for disruptive behavior from attending school if he or she is not taking the medication as prescribed; require parents to administer prescribed medication prior to the student's arrival at school or give the medication to appropriate school personnel to administer to the student at the appropriate time.
(Prefiled by the sponsor(s).)
Dec 13-To: Interim Joint Committee on Education
Jan 2-introduced in House
Jan 3-to Education (H)
Feb 6-posting waived retroactively; reported favorably, 1st reading, to Calendar
Feb 7-floor amendments (1) and (2) filed ; 2nd reading, to Rules
Feb 13-taken from Rules; placed in the Orders of the Day
Feb 15-floor amendments (1) and (2) withdrawn ; floor amendment (3) filed
Feb 20-floor amendments (4) (5) and (6-title) filed
Feb 26-floor amendment (7) filed
Mar 2-3rd reading; floor amendment (4) rejected ; passed 91-4 with floor amendment (3)
Mar 5-received in Senate
Mar 6-to Judiciary (S)
Mar 8-taken from committee; 1st reading; returned to Judiciary (S)