KRS 158.200: Moral instruction -- Conditions -- Quarterly reports.

(1) The boards of education of local school districts may provide an opportunity for

pupils to attend moral instruction in their jurisdiction, in the manner provided in this

section.

(2) (a) Local boards of education shall allow pupils to be excused for up to one (1)

hour on no more than one (1) day each week, which shall include time

attributed to travel to and from, to attend a district -approved request for a

moral instruction offering upon receiving the consent of the pupil's parent or

guardian.

(b) Moral instruction provided under this section shall not take place on school

property.

(c) Pupil participation in moral instruction shall be voluntary and free from

coercion by school personnel.

(d) Moral instruction shall be given without expense to any local boa rd of

education above de minimis administrative expenses incurred in carrying out

this section.

(3) An individual, organization, entity, or any combination thereof seeking to provide a

moral instruction offering for pupils shall submit a written, signed re quest to the

local board of education of a school district regarding the proposed moral

instruction offering. The request shall include:

(a) Contact information for the primary individual who will be providing the

moral instruction, as well as all other in dividuals who may be transporting

pupils or providing moral instruction to students through the offering;

(b) A statement acknowledging and agreeing to be bound by the requirements

placed upon moral instruction offerings under this section;

(c) The address or a description of the location where the moral instruction will

be provided;

(d) A transportation plan to ensure the safety of pupils while traveling to and

from moral instruction within the allotted time period;

(e) A statement acknowledging and agreeing to inform the parent or guardian of a

participating pupil that the school district and its employees and agents shall

not incur any liability as a result of any injury sustained by the pupil related to

participation in the moral instruction offering;

(f) A statement acknowledging and agreeing to indemnify and hold harmless the

school district and its employees and agents against any claims relating to the

moral instruction offering or transportation to or from the offering; and

(g) Proof of in surance coverage to be carried by the provider that shall include

adequate insurance for liability, property loss, and personal injury of students

related to the moral instruction offering or transportation to or from the

offering.

(4) (a) Upon receipt of a request under subsection (3) of this section, the local board

of education may make arrangements with the person seeking to provide the

moral instruction offering as the local board deems necessary.

(b) Upon approval by the local board of a request under this section, the

superintendent of the school district shall require each individual identified in

the request to submit to a national and state criminal history background

check by the Department of Kentucky State Police and the Federal Bureau of

Investigation and have a clear CA/N check, provided by the individual,

consistent with the provisions of KRS 160.380(7). The individuals, or the

organization or entity through which the moral instruction offering will be

provided, shall be responsible for all co sts associated with obtaining the

criminal history and CA/N checks under this paragraph.

(c) As a condition of the agreement between the local board and a provider, the

local board shall require that any individual identified in the request under

subsection (3) of this section be barred from providing transportation or

participating in moral instruction offerings under this section upon receipt by

the school district of a report documenting a record of:

1. Child abuse or neglect;

2. A sex crime or criminal offense against a victim who is a minor, as

defined in KRS 17.500; or

3. A violent crime as defined in KRS 17.165;

by the individual. The prohibition shall continue until the local board receives

an updated record for that individual that does not contain a disqualifying

item.

(5) A pupil who attends a moral instruction offering at the time specified and for the

period fixed shall be:

(a) Credited with the time of attendance as if he or she had been in actual

attendance in school, and the time shall be inc luded as part of the actual

school work required in KRS 158.060. A pupil shall not be penalized for any

school work missed during the specified time; and

(b) Included in calculating the average daily attendance for the Support Education

Excellence in Kentu cky program as if the pupil was in actual attendance in

school.

(6) A pupil who does not participate in a moral instruction offering shall remain in

school during the time when the instruction is being given, and shall take noncredit

enrichment courses or participate in educational activities not required in the

regular curriculum, and that time shall be included as part of the actual school work

required in KRS 158.060. Students of different grade levels may be placed into

combined classrooms in accordance with maximum class size allotments as

described in KRS 157.360. These courses or activities shall be supervised by

certified school personnel and may include but are not limited to study hall,

computer instruction, music, art, library, physical education, and tutorial assistance.

(7) A school district shall not discriminate against a pupil for his or her participation or

nonparticipation in a moral instruction offering.

(8) (a) Each local board of education shall submit the following information

quarterly to the Kentucky Department of Education:

1. The name of each applicant that submitted a request to provide a moral

instruction offering;

2. The date of the application;

3. The local board's approval or denial of the application; and

4. If the request was denied, the reason for the denial.

(b) The Kentucky Department of Education shall compile the quarterly reports

required by this subsection and submit a combined report to the Legislative

Research Commission no later than December 1 of each year for referra l to

the appropriate Interim Joint Committee on Education.