KRS 158.155: Reporting of specified incidents of student conduct -- Notation on school

records -- Report to law enforcement of certain student conduct -- Immunity --

Reports filed by law enforcement agency created by local board of education.

(1) Any school employee who knows or has reasonable cause to believe that a person

has made threats or plans of violence which are intended to target a school or

students or who knows that a firearm is present on school property in violation of

KRS 527.070 shall i mmediately cause a report to be made pursuant to subsection

(10) of this section.

(2) Any school employee shall immediately report pursuant to subsection (10) of this

section any act which the employee has a reasonable cause to believe has occurred

on school property or at a school-sponsored or sanctioned event involving:

(a) Intentional physical injury, or intentional attempt to cause physical injury, as

defined in KRS 500.080, of any school employee;

(b) Intentional assault resulting in serious physical i njury, as defined in KRS

500.080;

(c) A sexual offense;

(d) Kidnapping;

(e) Assault with the use of a weapon;

(f) Possession of a firearm or deadly weapon in violation of the law;

(g) The use, possession, or sale of a controlled substance in violation of t he law;

or

(h) Intentional or wanton damage to property causing a pecuniary loss of five

hundred dollars ($500) or more.

(3) Any school employee who receives information from a student or other person of

conduct which is required to be reported under subsection (1) or (2) of this section

shall report the conduct pursuant to subsection (10) of this section, unless the school

employee has cause to believe a student's disability interfered with his or her ability

to conform to the student code of conduct.

(4) If a student has been adjudicated guilty of an offense specified in this subsection or

has been expelled from school for an o ffense specified in this subsection, prior to a

student's admission to any school, the parent, guardian, principal, or other person or

agency responsible for a student shall provide to the school a sworn statement or

affirmation indicating on a form provid ed by the Kentucky Board of Education that

the student has been adjudicated guilty or expelled from school attendance at a

public or private school in this state or another state for homicide, assault, or an

offense in violation of state law or school regu lations relating to weapons, alcohol,

or drugs. The sworn statement or affirmation shall be sent to the receiving school

within five (5) working days of the time when the student requests enrollment in the

new school.

(5) If any student who has been expell ed from attendance at a public or private school

in this state for homicide, assault, or an offense in violation of state law or school

regulations relating to weapons, alcohol, or drugs requests transfer of his or her

records, those records shall reflect the charges and final disposition of the expulsion

proceedings.

(6) If any student who is subject to an expulsion proceeding at a public or private

school in this state for homicide, assault, or an offense in violation of state law or

school regulations relating to weapons, alcohol, or drugs requests transfer of his or

her records to a new school, the records shall not be transferred until that

proceeding has been terminated and shall reflect the charges and any final

disposition of the expulsion proceedings.

(7) The husband -wife privilege of KRE 504 or any professional -client privilege,

including those set forth in KRE 506 and 507, shall not be a ground for refusing to

make a report required under this section or for excluding evidence in a judicial

proceeding of the making of a report and of the conduct giving rise to the making of

a report. However, the attorney -client privilege of KRE 503 and the religious

privilege of KRE 505 are grounds for refusing to make a report or for excluding

evidence as to the report and the underlying conduct.

(8) This section shall not be construed as to require self-incrimination.

(9) A person acting upon reasonable cause in the making of a report under this section

in good faith shall be immune from any civil or criminal liab ility that might

otherwise be incurred or imposed from:

(a) Making the report; and

(b) Participating in any judicial proceeding that resulted from the report.

(10) Notice required pursuant to this section shall be given to:

(a) Any law enforcement agency created by the local board of education;

(b) A local law enforcement agency not created by the local board of education;

or

(c) The Department of Kentucky State Police.

(11) (a) A local board of education that has created a law enforcement agency shall

designate a local law enforcement agency not created by the local board of

education to receive reporting information from the law enforcement agency

created by the local board of education.

(b) A law enforcement agency created by the local board of education shall file a

report each week with the local law enforcement agency designated pursuant

to paragraph (a) of this subsection identifying all reports received pursuant to

this section by the law enforcement agency created by the local board of

education during the preceding week.