House Bill 145

Actions | Amendments
Last Action 03/03/21: to Education (S)
Title AN ACT relating to student discipline at public postsecondary education institutions.
Bill Documents Current/Final
Introduced
Bill Request Number 991
Sponsors K. Banta, K. Moser, L. Bechler, J. Blanton, K. Bratcher, J. Bray, J. Decker, R. Dotson, J. Fischer, D. Fister, P. Flannery, K. Fleming, D. Frazier, R. Goforth, M. Hart, S. Heavrin, R. Huff, A. Koenig, W. Lawrence, D. Lewis, M. Lockett, S. Maddox, C. Massey, B. McCool, J. Nemes, D. Osborne, M. Prunty, F. Rabourn, B. Reed, K. Timoney, B. Wesley, R. White
Summary of Original Version Amend KRS 164.370 to require each governing board of a public postsecondary education institution to adopt a student code of conduct that includes disciplinary procedures; set minimum requirements for the disciplinary procedures; require the institution to provide additional rights to students eligible to receive certain punishments; require a governing board to permit a student whose residence is in campus housing to appeal to the governing board; require a governing board to permit a student organization whose affiliation with the institution has been terminated to appeal to the governing board; permit a student to appeal a final decision of a governing board in accordance with KRS Chapter 13B, except that the student shall have 1 year to appeal; define "student"; title the Act "the Kentucky Student Administrative Rights Protection Act."
Index Headings of Original Version Education, Higher - Postsecondary student disciplinary proceedings, rights of student, minimum procedural requirements
Universities and Colleges - Student disciplinary proceedings, rights of student, minimum procedural requirements
Administrative Regulations and Proceedings - Postsecondary student disciplinary proceedings, minimum procedural requirements, right to appeal
Boards and Commissions - Postsecondary governing boards, student disciplinary proceedings, minimum procedural requirements
Short Titles and Popular Names - Kentucky Student Administrative Rights Protection Act
Jump to Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
01/05/21
  • introduced in House
  • to Committee on Committees (H)
02/04/21
  • to Judiciary (H)
02/22/21
  • posted in committee
02/24/21
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/25/21
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute
02/26/21
  • posted for passage in the Regular Orders of the Day for Monday, March 1, 2021
  • floor amendment (2) filed to Committee Substitute
03/01/21
  • 3rd reading, passed 69-22 with Committee Substitute and floor amendments (1) and (2)
03/02/21
  • received in Senate
  • to Committee on Committees (S)
03/03/21
  • to Education (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain all original provisions; add definitions for "complainant," "participant," and "Title IX"; clarify the role of Title IX complainants in student disciplinary proceedings; clarify the presumption of innocence; require that participants be granted reasonable and continuous access to the record of evidence; permit audio recordings of proceedings; clarify the right to be represented by counsel; require hearing evidence to be relevant; incorporate a rape sheild provision, reduce the period of time to appeal a final order of the governing board from 2 years to 30 days; give a Title IX complainant equal rights to and upon appeal; give any student participant the right to appeal a decision; create a new section of KRS 164 to require that each public postsecondary education institution publish an annual student discipline report and submit the report to the Interim Joint Committee on Education; and establish short title of "The Kentucky Campus Due Process Protection Act".
Index Headings Education, Higher - Student disciplinary proceedings, annual report
Education, Higher - Student disciplinary proceedings, Title IX complaints, rights of students
Federal Laws and Regulations - Title IX, postsecondary student disciplinary proceedings, due process requirements
Universities and Colleges - Student disciplinary proceedings, annual report
Universities and Colleges - Student disciplinary proceedings, Title IX complaints, rights of students
Short Titles and Popular Names - Kentucky Campus Due Process Protection Act

Amendment House Floor Amendment 1
Sponsor K. Banta
Summary Retain all original provisions except amend the definition of "complainant"; require the record to contain pleadings and evidence; require the presence of a support person at any phrase in the disciplinary process; reflect federal limitations on the cross-examination of all students; permit the governing board to designate an authority to issue a final order in a student disciplinary proceeding; specify that nothing in the bill is intended to impede an institution's ability to take reasonable interim measures during a timely investigation and adjudication of a student disciplinary matter, including adjustments to student housing arrangements; remove approximate household income as a required student demographic in the student discipline report filed by public postsecondary education institutions; require institutions to report the general source of allegations in the student discipline report.
Index Headings Education, Higher - Student disciplinary proceedings, governing board authority to designate
Education, Higher - Student disciplinary proceedings, rights of students
Universities and Colleges - Student disciplinary proceedings, governing board, authority to designate
Universities and Colleges - Student disciplinary proceedings, rights of students
Reports Mandated - Student discipline report, public postsecondary education institutions, required contents

Amendment House Floor Amendment 2
Sponsor K. Banta
Summary Amend definition of "complainant" to include all crime victims; require that cross-examination conducted personally by a participant be conducted by written questions submitted to be reviewed and read by a neutral hearing officer; permit an institution to require one or more representatives of a class of student victims to serve as the complainant in a disciplinary proceeding when the class-action requirements are met.
Index Headings Crime Victims - Postsecondary disciplinary proceedings, right to participate as party
Education, Higher - Postsecondary disciplinary proceedings, cross-examination, limitations on personal cross-examination
Education, Higher - Student disciplinary proceedings, crime victims, rights
Universities and Colleges - Postsecondary disciplinary proceedings, cross-examination, limitations on personal cross-examination
Universities and Colleges - Student disciplinary proceedings, crime victims, rights

Last updated: 4/14/2021 8:30 AM (EDT)
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