House Bill 290

Actions | Amendments
Last Action 04/08/22: signed by Governor (Acts Ch. 159)
Title AN ACT relating to student discipline at public postsecondary education institutions.
Bill Documents Acts Chapter 159
Current/Final
Introduced
Bill Request Number 186
Sponsors K. Banta, K. Moser, L. Bechler, J. Blanton, A. Bowling, K. Bratcher, J. Calloway, J. Decker, R. Dotson, D. Fister, P. Flannery, K. Fleming, M. Hart, S. Heavrin, W. Lawrence, D. Lewis, M. Lockett, S. Maddox, C. Massey, B. McCool, J. Nemes, D. Osborne, P. Pratt, M. Prunty, F. Rabourn, K. Timoney, R. White
Summary of Original Version Amend KRS 164.370 to define terms; require a governing board of a public postsecondary education institution to adopt a code for student conduct, establish minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension, expulsion, or termination of student housing, including a presumption of innocence, written notice, maintenance of an administrative file, the right to be present and participate meaningfully, the right to fair and impartial treatment, and the ability to bring a support person; establish enhanced minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension of 3 days or more, expulsion, or termination of student housing, including the right to be represented by counsel, to present relevant hearing evidence, and to cross-examine hearing testimony; provide a respondent that is suspended for 3 days or more, expelled, or has their campus housing terminated the right to appeal the results of a disciplinary hearing; provide that a participant has the right to appeal a Title IX allegation that does not result in a finding of a violation; provide a respondent or designated complainant shall have the right to appeal a final order of the governing board in Circuit Court; provide that nothing in the section shall be interpreted to impede or delay law enforcement, impair an institution's ability to take reasonable interim measures in a student discipline matter, impair an institution's ability to effectuate a valid judicial order, impair an institution's ability to terminate a student's residence in campus housing for any other reason than a student disciplinary matter, or limit any addition rights afforded under Federal law; create a new section of KRS 164 to require a public postsecondary education institution to publish a report on student discipline every three years; establish the required contents of the report; permit a postsecondary education institution to apply to the Attorney General for an exemption when the institution maintains that required data cannot be adequately deidentified to conform to Federal Law; provide that the Act may be cited as the Kentucky Campus Due Process Protection Act.
Index Headings of Original Version Education, Higher - Student disciplinary proceedings, requirements, annual report
Federal Laws and Regulations - Title IX, postsecondary student disciplinary proceedings, procedural requirements
Universities and Colleges - Student disciplinary proceedings, requirements, annual report
Short Titles and Popular Names - Kentucky Campus Due Process Protection Act
Jump to Proposed Amendments House Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
01/13/22
  • introduced in House
  • to Committee on Committees (H)
02/15/22
  • to Judiciary (H)
02/16/22
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/17/22
  • 2nd reading, to Rules
03/09/22
  • posted for passage in the Regular Orders of the Day for Thursday, March 10, 2022
03/14/22
  • 3rd reading, passed 71-19 with Committee Substitute (1)
03/15/22
  • received in Senate
  • to Committee on Committees (S)
03/17/22
  • to Education (S)
03/25/22
  • taken from Education (S)
  • 1st reading
  • returned to Education (S)
  • reassigned to Judiciary (S)
03/29/22
  • reported favorably, 2nd reading, to Rules
03/30/22
  • posted for passage in the Regular Orders of the Day for Wednesday, March 30, 2022
  • 3rd reading, passed 24-10
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/08/22
  • signed by Governor (Acts Ch. 159)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain all original provisions, except limit the number of support persons able to attend a student disciplinary matter to two; extend the reporting date of the report on student discipline from September 1 to November 1; extend the deadline to request an exemption from reporting data required for the report on student discipline from April 1 to September 1.
Index Headings Education, Higher - Report on student discipline, deadline to publish, November 1
Universities and Colleges - Report on student discipline, deadline to publish, November 1

Last updated: 5/25/2022 2:58 PM (EDT)
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