KRS 158.148: Definitions of "bullying" and "parent or guardian" -- Discipline

guidelines, transportation services policy, and model policies -- Local code of

acceptable behavior and discipline -- Required contents of code.

(1) As used in this section:

(a) 1. "Bullying" means any unwanted verbal, physical, or social behavior

among students that involves a real or perceived power imbalance and is

repeated or has the potential to be repeated:

a. That occurs on school premises, on school -sponsored

transportation, or at a school-sponsored event; or

b. That disrupts the education process; and

2. This definition shall not be interpreted to prohibit civil exchange of

opinions or debate or cultural practices protected under the state or

federal Constitution where the opinion expressed does not otherwise

materially or substantially disrupt the education process; and

(b) "Parent or guardian" means a parent, legal guardian, or other person

exercising custodial control or supervision of a student.

(2) In cooperation with the Kentucky Education Association, the Kentucky School

Boards Association, the Kentucky Association of School Administrators, the

Kentucky Association of Professional Educators, the Kentucky Association of

School Superintendents, the P arent-Teachers Association, the Kentucky Chamber

of Commerce, the Farm Bureau, members of the Interim Joint Committee on

Education, and other interested groups, and in collaboration with the Center for

School Safety, the Department of Education shall devel op or update as needed and

distribute to all districts by August 31 of each even-numbered year:

(a) Statewide student discipline guidelines to ensure safe schools, including the

definition of serious incident for the reporting purposes as identified in KRS

158.444;

(b) Statewide transportation services policy guidelines to ensure the safety of

students, operators of vehicles, and other passengers using district -provided

transportation;

(c) Recommendations designed to improve the learning environment and sch ool

climate, parental and community involvement in the schools, and student

achievement; and

(d) Model policies to implement the provisions of this section and KRS 158.110,

158.156, 158.444, 525.070, and 525.080.

(3) The department shall obtain statewide d ata on major discipline problems and

reasons why students drop out of school. In addition, the department, in

collaboration with the Center for School Safety, shall identify successful strategies

currently being used in programs in Kentucky and in other st ates and shall

incorporate those strategies into the statewide student discipline guidelines,

transportation services policy guidelines, and the recommendations under

subsection (2) of this section.

(4) Copies of the statewide student discipline guidelines and the transportation services

policy guidelines shall be distributed to all school districts. The statewide student

discipline guidelines shall contain broad principles and legal requirements to guide

local districts in the development of their own code of acceptable behavior and

discipline; the selection of discipline and classroom management techniques by

school councils under KRS 158.155 and 160.345; the development of the district

transportation services policy; and the development of the district-wide safety plan.

(5) (a) Each local board of education shall adopt a code of acceptable behavior and

discipline based on the statewide student discipline guidelines that shall apply

to the students in each school operated by the board. The code shall be

updated no less frequently than every two (2) years.

(b) The superintendent, or designee, shall be responsible for overall

implementation and supervision, and each school principal shall be

responsible for administration and implementation within each school. Each

school council shall select and implement the appropriate discipline and

classroom management techniques necessary to carry out the code. The board

shall establish a process for a two -way communication system for teachers

and other employees to notify a principal, supervisor, or other administrator of

an emergency.

(c) The code shall prohibit bullying.

(d) The code shall contain the standard of behavior expected from each student,

the consequences of failure to obey the standards, and the importance o f the

standards to the maintenance of a safe learning environment where orderly

learning is possible and encouraged.

(e) The code shall contain:

1. Procedures for identifying, documenting, and reporting incidents of

bullying, incidents of violations of the code, and incidents for which

reporting is required under KRS 158.156;

2. Procedures for investigating and responding to a complaint or a report of

bullying or a violation of the code, or of an incident for which reporting

is required under KRS 158.156, i ncluding reporting incidents to the

parents or guardians of the students involved;

3. A strategy or method of protecting a complainant or person reporting:

a. An incident of bullying;

b. A violation of the code; or

c. An incident for which reporting is required under KRS 158.156;

from retaliation;

4. A process for informing students, parents or guardians, and school

employees of the requirements of the code and the provisions of this

section and KRS 158.156, 158.444, 525.070, and 525.080, including

training for school employees; and

5. Information regarding the consequences of bullying and violating the

code and violations reportable under KRS 158.155, 158.156, or 158.444.

(f) The principal of each school shall apply the code of acceptable behavior and

discipline uniformly and fairly to each student at the school without partiality

or discrimination.

(g) A copy of the code of acceptable behavior and discipline adopted by the board

of education shall be posted at each school. Guidance counselors shall be

provided copies for discussion with students. The code shall be referenced in

all school handbooks. All school employees and parents or guardians shall be

provided copies of the code.

(6) (a) Each local board of education shall adopt a transportation services policy to

apply to students while on transportation provided for or by the district, and to

their parents or guardians. The policy shall be updated no less frequently than

every two (2) years, with the first update being completed by the first

instructional day of the 2024-2025 school year.

(b) The superintendent or designee shall be responsible for overall

implementation and supervision. The board shall select and implement the

appropriate discipline and transportation management techniques necessary to

carry out the policy. The board shall establish a process for a two -way

communication system for bus drivers and other employees, volunteers, or

contractors to notify a supervisor, superintendent, or other administrator of an

emergency.

(c) The policy shall contain the standard of behavior expected from each student

while being transported by or for the district and the consequences of failure

to obey the standards. The policy shall include:

1. Procedures for identifying, documenting, and rep orting incidents of

bullying, incidents of violations of the policy, and incidents for which

reporting is required under KRS 158.156;

2. Procedures for investigating and responding to a complaint or a report of

bullying or a violation of the policy, or of an incident for which

reporting is required under KRS 158.156, including reporting incidents

to the parents or guardians of the students involved;

3. A strategy or method of protecting a complainant or person reporting a

violation of the policy from retaliation;

4. When a student is alleged by an operator of transportation to have

committed a violation of the policy that places the student or others at

risk of physical harm or otherwise makes it unsafe for the driver to

continue transporting students, and as permitted by state and federal law,

a process that allows the operator of the vehicle to:

a. Refuse further transportation of the student at the time of the

incident, upon notification of the emergency pursuant to paragraph

(b) of this subsection, and transfer the student to:

i. An appropriate district official who has reported to the

location of the vehicle;

ii. An appropriate district official located at a location

designated in the transportation services policy or by an

appropriate district official, including but not limited to a bus

compound or transfer station;

iii. Law enforcement; or

iv. The student's parent or guardian; and

b. Upon filing and submitting a written report to the superintendent

or designee, refuse future transportation of the studen t until an

interim or final determination of disciplinary action by the

superintendent or designee pursuant to local board policy;

5. For alleged violations of the policy not covered by subparagraph 4. of

this paragraph and submitted by the operator of the vehicle, a

requirement that the superintendent or designee issue an interim or final

determination of disciplinary action pursuant to local board policy

within one (1) week of the report being submitted;

6. A process allowing for the operator of a vehicle to:

a. File a written or electronic complaint or report of the misconduct,

including a recommendation regarding revocation of the student's

transportation privileges; and

b. Be heard during any disciplinary proceedings against a student

relating, at least in part, to misconduct that occurred during the

operator's transportation of the student;

7. A requirement that any recommendation by the operator of a vehicle

shall be considered by the superintendent or designee as a factor in the

interim or final deter mination of disciplinary action on the complaint or

report;

8. A requirement that the operator of a vehicle, to the extent permitted by

law, receive written notice from the superintendent or designee of the

investigation, disciplinary action imposed, and r easoning in response to

the reported misconduct; and

9. A disciplinary structure that provides for:

a. Interventions or disciplinary consequences that reflect the severity

of the violation; and

b. Increased intervention and consequences upon subsequent

violations of the policy.

(d) The policy shall contain the standard of behavior expected from parents or

guardians of students being transported by or for the district while interacting

with district transportation staff and the consequences of failure to fol low the

standards. The policy shall include:

1. Procedures for investigating and responding to a complaint or report

made by an operator of transportation alleging parent or legal guardian

misconduct;

2. A requirement that the operator of a vehicle be pro vided an opportunity

to be heard and to make a recommendation regarding future

transportation of the student during any disciplinary proceedings

relating, at least in part, to alleged misconduct by the student's parent or

guardian and the impact upon a student's transportation privileges; and

3. An intervention or consequences structure that provides for the

placement of conditions upon or revocation of a student's transportation

privileges based upon parent or guardian misconduct that provides for:

a. Interventions or consequences that reflect the severity of the parent

or guardian's misconduct; and

b. Increased intervention and consequences upon subsequent

violations of the policy.

(e) The policy shall include references to relevant criminal violations based on

potential misconduct covered by the policy, including but not limited to the

following statements:

1. "KRS 511.020 makes it a Class B felony for a person, with the intent to

commit a crime, knowingly entering or remaining unlawfully upon a

school bus, and when in effecting entry or while upon the school bus or

in the immediate flight therefrom, the person or another participant in

the crime causes physical injury to another person or uses or threatens

the use of a dangerous instrument against another person.";

2. "KRS 508.078 makes it a Class C felony for a person to intentionally

threaten to commit any act likely to result in death or serious physical

injury to any employee of an e lementary or secondary school, which

includes a school bus driver.";

3. "KRS 508.025 makes it a Class D felony for a person to recklessly, with

a deadly weapon or dangerous instrument, or intentionally cause or

attempt to cause physical injury to a school bus driver or other school

employee acting in the course and scope of their employment.";

4. "KRS 519.020 makes it a Class A misdemeanor for a person to obstruct

governmental operations, which includes intentionally obstructing,

impairing, or hindering the performance of a governmental function by

using or threatening to use violence, force or physical interference."; and

5. "KRS 525.070 makes it a Class B misdemeanor for a person, with intent

to intimidate, harass, annoy, or alarm another person, to strike , shove,

kick, or otherwise subject another to physical contact.".

(f) The policy shall include a process for an operator of a vehicle, upon the

reinstatement of a student's transportation privileges after an interim or final

determination of disciplinary action, to elect to receive an alternate route

assignment in lieu of transporting the student.

(g) The superintendent or designee of each district shall apply the transportation

services policy uniformly and fairly to each student without partiality or

discrimination.

(h) The superintendent or designee shall require every student in the district and

at least one (1) parent or guardian of each student to acknowledge in writing

the receipt, comprehension, and agreement of adherence to the transportation

safety policy within seven (7) days of the student's first day of attendance

during each school year. Failure to submit written acknowledgement by a

student or their parent or guardian may be grounds for revocation of a

student's transportation privileges until the acknowledgment is properly

received.

(7) Any action under this section related to students with disabilities shall be in

compliance with applicable federal law.