Kentucky
General Assembly

02/07/23	introduced in Senate to Committee on Committees (S)
02/09/23	to Education (S)
02/21/23	taken from Education (S) 1st reading returned to Education (S)
02/22/23	taken from Education (S) 2nd reading returned to Education (S)
02/23/23	reported favorably, to Rules with Committee Substitute (1) posted for passage in the Regular Orders of the Day for Thursday, February 23, 2023 3rd reading, passed 29-4 with Committee Substitute (1)
02/24/23	received in House to Committee on Committees (H)
03/02/23	to Education (H)
03/13/23	reported favorably, 1st reading, to Calendar floor amendments (1) and (2) filed
03/14/23	2nd reading, to Rules floor amendment (3) filed posted for passage in the Regular Orders of the Day for Wednesday, March 15, 2023
03/15/23	floor amendments (4), (5-title), (6) and (7-title) filed 3rd reading floor amendment (3) ruled not germane floor amendment (1) defeated passed 80-18
03/16/23	received in Senate enrolled, signed by President of the Senate enrolled, signed by Speaker of the House delivered to Governor
03/27/23	filed without Governor's signature with the Secretary of State
03/29/23	became law without Governor's Signature (Acts Ch. 120)

Amendment	Senate Committee Substitute 1
Summary	Retain original provisions; amend to include programs and events that may be harmful to minors.
Index Headings	Education, Elementary and Secondary - Complaint process, harmful to minors, programs and events Children and Minors - School programs and events, harmful to minors

Amendment	House Floor Amendment 1
Sponsor	J. Calloway
Summary	Define terms; deem material, events, or programs that are obscene, harmful to minors, or contains obscene imagery representing minors as educationally unsuitable; require districts to remove student access to materials, programs, or events deemed educationally unsuitable; modify the complaint and appeals timeline; provide that willful violation be basis for employee disciplinary action; require local boards of education to adopt policies to prevent educationally unsuitable material from being introduced into the school library or being on school property; require the Kentucky Department of Education to provide model policies to implement the provisions; make technical corrections to conform.
Index Headings	Children and Minors - Educationally unsuitable materials, limiting access Education, Elementary and Secondary - Educationally unsuitable materials, limiting access Education, Elementary and Secondary - Educational unsuitable material, complaint and appeal process Obscenity and Pornography - Educationally unsuitable materials, limiting access

Amendment	House Floor Amendment 2
Sponsor	J. Calloway
Summary	Retain some provisions of original bill; create new sections of KRS Chapter 158 to define terms; make legislative findings and declarations on the rights of parents as they relate to public schools and establish a standard to protect those rights; require public schools to establish a process to receive complaints of violations and to review appeals; establish specific parental rights as related to public schools; require public schools to adopt policies to protect those rights; establish limitations of applicability; require the Kentucky Department of Education to eliminate regulations in violation and develop recommended policies to public schools for compliance; make findings and declarations related to privacy of parents and children and require public schools to adopt policies to safeguard those rights; establish a cause of action for a child encountering a person of the opposite biological sex while in a location where there is a reasonable expectation of bodily privacy; create a cause of action for those who are forced by a public school to share private quarters with specific people of the opposite biological sex and provide exclusions; make findings and declarations relating to controversial subject matter in common schools; establish a parental right of not having a child indoctrinated into any political position or being involved in advocacy in a controversial subject matter; establish limitations on school personnel related to instruction and discussion on sexual orientation, sexual preference, or gender expression, advocacy in the scope of employment, and actions based on the immutable characteristics of students; prohibit compelling school personnel to advocate for or against anything in opposition to sincerely held beliefs and convictions; require public schools to adopt enforcement policies; establish limitations; forbid student access to material, events, or programs that are obscene, harmful to minors, or contains obscene imagery representing minors; establish a parental right to expect a child not be exposed to or given access to material, events, or programs that are not educationally suitable; require that public schools adopt policies to protect that right, including a complaint review and appeals process; allow a parent to require a school to limit their child's access to material, programs, or events that the parent believes are not educationally suitable; amend KRS 158.148 to establish a parental right to expect a child will not be bullied at school and require public schools to adopt policies to ensure notification and support of bullying victims, require an order of reporting to staff, require specific time requirements for investigations; provide for an appeal and review of incidents; require identification of actions to prevent future acts of bullying or retaliation; require procedures for supporting victims; establish a parental right for their child to not be discriminated upon the basis of parental choice of school type in participation in a public school's extracurricular activities; establish conditions on that child's participation in public school extracurriculars; establish a short title of the Parents Have the Say in Education Act.
Index Headings	Education, Elementary and Secondary - Parental rights, protection Obscenity and Pornography - Protection of students, prohibitions against matter harmful to minors Parental Rights - Public education, protection of students' and parents' rights Boards and Commissions - Board of Education, parental rights, recommended policies Short Titles and Popular Names - Parents Have the Say in Education Act Teachers - Parental rights of students, protection Teachers - Sincerely held beliefs, protection Children and Minors - Parental rights, public education Claims - Parental rights of public school students, violation

Amendment	House Floor Amendment 3
Sponsor	J. Calloway
Summary	Retain some provisions of original bill; create new sections of KRS Chapter 158 to define terms; make legislative findings and declarations on the rights of parents as they relate to public schools and establish a standard to protect those rights; require public schools to establish a process to receive complaints of violations and to review appeals; establish specific parental rights as related to public schools; require public schools to adopt policies to protect those rights; establish limitations of applicability; require the Kentucky Department of Education to eliminate regulations in violation and develop recommended policies to public schools for compliance; make findings and declarations relating to controversial subject matter in common schools; establish a parental right of not having a child indoctrinated into any political position or being involved in advocacy in a controversial subject matter; establish limitations on school personnel related to instruction and discussion on sexual orientation, sexual preference, or gender expression, advocacy in the scope of employment, and actions based on the immutable characteristics of students; prohibit compelling school personnel to advocate for or against anything in opposition to sincerely held beliefs and convictions; require public schools to adopt enforcement policies; establish limitations; forbid student access to material, events, or programs that are obscene, harmful to minors, or contain obscene imagery representing minors; establish a parental right to expect a child not be exposed to or given access to material, events, or programs that are not educationally suitable; require that public schools adopt policies to protect that right, including a complaint review and appeals process; allow a parent to require a school to limit their child's access to material, programs, or events that the parent believes are not educationally suitable; amend KRS 158.148 to establish a parental right to expect that a child will not be bullied at school and require public schools to adopt policies to ensure notification and support of bullying victims, require an order of reporting to staff, require specific time requirements for investigations; provide for an appeal and review of incidents; require identification of actions to prevent future acts of bullying or retaliation; require procedures for supporting victims; establish a parental right for their child to not be discriminated upon the basis of parental choice of school type in participation in a public school's extracurricular activities; establish conditions on that child's participation in public school extracurriculars; establish a short title of the Parents Have the Say in Education Act.
Index Headings	Parental Rights - Public education, protection of students' and parents' rights Boards and Commissions - Board of Education, parental rights, recommended policies Short Titles and Popular Names - Parents Have the Say in Education Act Teachers - Parental rights of students, protection Teachers - Sincerely held beliefs, protection Children and Minors - Parental rights, public education Claims - Parental rights of public school students, violation Education, Elementary and Secondary - Parental rights, protection Obscenity and Pornography - Protection of students, prohibitions against matter harmful to minors

Amendment	House Floor Amendment 4
Sponsor	J. Calloway
Summary	Retain original provisions; create a new section of KRS Chapter 525 to define "adult performance"; establish the offense of engaging in an adult performance; establish penalties; create a new section of KRS Chapter 231 to establish available sanctions for allowing an adult performance at a business when minors are present.
Index Headings	Alcoholic Beverages - Adult performance,compliance requirements Children and Minors - Protection, adult performance, compliance requirements Crimes and Punishments - Adult performance, definition, penalties Obscenity and Pornography - Adult performance, definition, penalties Public Protection - Minors, adult performance, sanctions

Amendment	House Floor Amendment 5
Sponsor	J. Calloway
Summary	Make title amendment.
Index Headings	Title Amendments - SB 5/GA

Amendment	House Floor Amendment 6
Sponsor	J. Calloway
Summary	Retain some provisions of original bill; create new sections of KRS Chapter 158 to define terms; make legislative findings and declarations on the rights of parents as they relate to public schools and establish a standard to protect those rights; require public schools to establish a process to receive complaints of violations and to review appeals; establish specific parental rights as related to public schools; require public schools to adopt policies to protect those rights; establish limitations of applicability; require the Kentucky Department of Education to eliminate regulations in violation and develop recommended policies to public schools for compliance; make findings and declarations relating to controversial subject matter in common schools; establish a parental right of not having a child indoctrinated into any political position or being involved in advocacy in a controversial subject matter; establish limitations on school personnel related to instruction and discussion on sexual orientation, sexual preference, or gender expression, advocacy in the scope of employment, and actions based on the immutable characteristics of students; prohibit compelling school personnel to advocate for or against anything in opposition to sincerely held beliefs and convictions; require public schools to adopt enforcement policies; establish limitations; forbid student access to material, events, or programs that are obscene, harmful to minors, or contain obscene imagery representing minors; establish a parental right to expect a child not be exposed to or given access to material, events, or programs that are not educationally suitable; require that public schools adopt policies to protect that right, including a complaint review and appeals process; allow a parent to require a school to limit their child's access to material, programs, or events that the parent believes are not educationally suitable; amend KRS 158.148 to establish a parental right to expect that a child will not be bullied at school and require public schools to adopt policies to ensure notification and support of bullying victims, require an order of reporting to staff, require specific time requirements for investigations; provide for an appeal and review of incidents; require identification of actions to prevent future acts of bullying or retaliation; require procedures for supporting victims; establish a parental right for their child to not be discriminated upon the basis of parental choice of school type in participation in a public school's extracurricular activities; establish conditions on that child's participation in public school extracurriculars; establish a short title of the Parents Have the Say in Education Act.
Index Headings	Education, Elementary and Secondary - Parental rights, protection Obscenity and Pornography - Protection of students, prohibitions against matter harmful to minors Parental Rights - Public education, protection of students' and parents' rights Boards and Commissions - Board of Education, parental rights, recommended policies Short Titles and Popular Names - Parents Have the Say in Education Act Teachers - Parental rights of students, protection Teachers - Sincerely held beliefs, protection Children and Minors - Parental rights, public education Claims - Parental rights of public school students, violation

Amendment	House Floor Amendment 7
Sponsor	J. Calloway
Summary	Make title amendment.
Index Headings	Title Amendments - SB 5