KRS 160.145: Definitions -- Designated traceable communication system -- Unauthorized

electronic communication -- Parental authorization for exceptions --

Communications that are not restricted -- Disclosure of affiliation -- Report of

unauthorized electronic communication -- Disciplinary penalties -- Notification

and investigation of report.

(1) As used in this section:

(a) "Commercial or local government affiliation" means:

1. Having an ownership interest in, being employed by, or being a

customer or client of a commercial business or activity; or

2. An association with a city, county, consolidated local government,

urban-county government, charter county government, or unified local

government;

(b) "Family member" means:

1. A parent, brother, sister, son , daughter, aunt, uncle, cousin, nephew,

niece, or grandparent related to the student by consanguinity, affinity, or

adoption; or

2. An adult that resides in the same household as the student;

(c) "Parent" means a parent, legal guardian, a person acting as a parent in the

absence of a parent or guardian, or other individual or agency responsible for

the student;

(d) "Private electronic communication" means electronic communication that

involves direct one -on-one or group conversations that are only accessible to

the participants;

(e) "Qualified school volunteer" means an adult who:

1. Is not:

a. A school district employee; or

b. Enrolled in the school district; and

2. Has served the school or school district at any point during the current

school year:

a. As a student teacher, a nonfaculty coach or assistant coach, a

nonfaculty sponsor of an extracurricular program or activity, or a

school-sponsored academic tutor; or

b. In a nonfaculty student services role designated as a qualified

school volunteer by the local board of education;

(f) "School district employee":

1. Means a school administrator, classified employee, certified employee,

contractor hired by the district to provide direct services to students, or

compensated nonfaculty coach or assistant coach;

2. Includes any Kentucky Department of Education or educational

cooperative employee who is assigned to a schoo l or area technology

center within the school district on a full -time basis and granted official

access as a user of the traceable communication system; and

3. Does not include any student enrolled in the district;

(g) "Traceable communication system" mean s one (1) or more electronic school

notification and communication programs or applications that:

1. Are designated by a local board of education in accordance with

subsection (2) of this section;

2. Trace all communications sent to or by a student; and

3. Provide parents an opportunity to access and review those

communications; and

(h) "Unauthorized electronic communication":

1. Means private electronic communication with a student enrolled in a

school district by the school district's employee or qualifie d school

volunteer who is not the student's family member that occurs outside of

a designated traceable communication system and without prior written

parental consent;

2. Includes any private electronic communication with a student or

students enrolled in the school district through a personal email account,

text messaging, social media, or other private electronic communication

program outside of the traceable communication system; and

3. Does not include:

a. Virtual school instruction, including nontradi tional instruction,

online course instruction, and home-health instruction;

b. Academic feedback mechanisms;

c. Electronic translation services;

d. Electronic communication with any telephone number provided by

a parent for the purpose of school communication with that parent;

e. Electronic communication in which a parent of the student is

included as a recipient or participant;

f. Electronic communication between two (2) or more school district

employees or qualified school volunteers and one (1) or more

students that is in direct relation to an academic, athletic, or

extracurricular purpose;

g. Electronic communication between a school resource officer or

director of pupil personnel and a student in which the principal,

vice principal, or a school -based mental health services provider,

as defined by KRS 158.4416, is included as a recipient that is in

direct relation to the safety, engagement, or attendance of a

student;

h. Voice communication on an official telephone number affiliated

with the school or school district;

i. Social media posts and comments that are not private electronic

communication;

j. Electronic communication related to commercial products or

services with a telephone number, email address, or other

electronic account affiliated with a lawful commercial business; or

k. Secure messaging for healthcare providers.

(2) Each local board of education shall designate a traceable communication system for

school dis trict employees and qualified school volunteers to communicate

electronically with students enrolled in the school district. The principal of each

public school shall provide parents written or electronic notification within the first

ten (10) days of the school year of each electronic school notification and

communication program designated within the traceable communication system.

The notification shall include instructions for parents to access and review

communications sent through each electronic scho ol notification and

communication program.

(3) (a) A school district employee or qualified school volunteer shall not engage in

unauthorized electronic communication.

(b) A school district employee that violates paragraph (a) of this subsection may

be subject to disciplinary action in accordance with:

1. For certified employees, KRS 161.120 and 161.790; or

2. For classified employees, KRS 161.011(7).

(c) A qualified school volunteer that violates paragraph (a) of this subsection may

be prohibited by the school district from future school volunteer opportunities.

(4) A parent may submit written consent to authorize a designated school district

employee or qualified school volunteer who is not a family member to participate in

private electronic communication with his or her child outside of the traceable

communication system. The written consent:

(a) Shall be filed in the administrative office of the student's school;

(b) Shall be submitted to the administrative office of the school prior to any

private electronic communication being sent from a school district employee

or qualified school volunteer to a student outside of the traceable

communication system;

(c) Shall designate each specific school district employee or qualified school

volunteer that may partic ipate in private electronic communication with the

student outside of the traceable communication system and shall not be

transferable to any other school district employee or qualified school

volunteer;

(d) May be revoked by the parent who filed the conse nt at any time. Upon notice

of a revocation, the administrative office shall promptly notify the school

district and each school district employee and qualified school volunteer

subject to the revocation;

(e) May establish terms limiting electronic communi cation with a student,

including establishing an expiration for the term of the consent. Any

electronic communication with the student enrolled in the school district

outside of the traceable communication system under this subsection shall

comply with all terms of the written consent;

(f) Shall not be rejected or denied by the school or school district unless the

written consent fails to properly identify the applicable student, school district

employee, or qualified school volunteer. Upon receipt of the w ritten consent,

the administrative office shall deliver a copy of the written consent to the

school district and the designated school district employee or qualified school

volunteer;

(g) Shall not be compelled as a requirement for a student to participate in an

academic, athletic, or extracurricular opportunity; and

(h) Shall not authorize a school district employee or qualified school volunteer to

engage in inappropriate or sexual electronic communication with a student or

be used as a basis of a defense for a school district employee or qualified

school volunteer that engages in inappropriate or sexual electronic

communication with a student or students.

(5) Notwithstanding subsections (2) and (3) of this section, this section shall not restrict

any private electronic communications:

(a) Between a student and his or her family member who is a school district

employee or qualified school volunteer;

(b) Between a student and a school district employee or qualified school

volunteer who reasonably believes an emergency exists that creates an

imminent risk to any person or property, provided the school district

employee promptly discloses the private electronic communication to his or

her immediate supervisor after the fact in accordance with subsection (7) of

this section;

(c) During and in direct relation to a school -sanctioned field trip the student has

parental consent to attend;

(d) During and in direct relation to work-based learning experiences; or

(e) That are directly related to a commercial or local gov ernment affiliation that

has been previously disclosed in accordance with subsection (6) of this

section.

(6) A school district employee or qualified school volunteer may submit a written

disclosure notifying the school district of a commercial or local government

affiliation that could reasonably result in private electronic communication with a

student outside o f the traceable communication system. Upon filing the written

disclosure, subsequent private electronic communication directly related to the

disclosed commercial or local government affiliation is no longer subject to the

restrictions of subsections (2) a nd (3) of this section in accordance with subsection

(5)(e) of this section.

(7) (a) A school district employee or qualified school volunteer that participated in

unauthorized electronic communication subject to subsection (2) and (3) of

this section or re asonably believes that another school district employee or

qualified school volunteer participated in unauthorized electronic

communication that is subject to subsections (2) and (3) of this section that

has not been previously reported shall immediately n otify the supervising

principal or applicable supervisor. If the subject of the report is the principal

or a district -wide employee, the reporting employee or volunteer shall

immediately notify the superintendent of the school district. If the subject of

the report is the superintendent or a Kentucky Department of Education

employee assigned to a school or area technology center within the school

district on a full -time and continuing basis, the reporting employee or

volunteer shall immediately notify the c ommissioner of education and the

chair of the local board of education.

(b) A school district employee that violates paragraph (a) of this subsection may

be subject to disciplinary action in accordance with:

1. For certified employees, KRS 161.120 and 161.790; or

2. For classified employees, KRS 161.011(7).

(8) (a) Upon receipt of a report alleging that a school district employee or qualified

school volunteer violated subsection (2) or (3) of this section, the

commissioner of education, a principal, or a superintendent shall immediately:

1. Notify the parent of each student that is an alleged party to the

unauthorized electronic communications; and

2. a. If the individual that is the subject of the report is a certified

employee:

i. Notify the Education Prof essional Standards Board, which

shall promptly investigate all allegations received under this

subsection and proceed with appropriate disciplinary actions

in accordance with KRS 161.120; and

ii. Investigate the underlying allegations and proceed with

appropriate disciplinary actions in accordance with KRS

161.790;

b. If the individual that is the subject of the report is a classified

employee, investigate the underlying allegations and proceed with

appropriate disciplinary actions in accordance with KRS

161.011(7);

c. If the individual that is the subject of the report is a qualified

school volunteer, the school or district shall investigate the

underlying allegations and, if substantiated, the qualified school

volunteer may be prohibited from future school and district

volunteer opportunities; and

d. Notwithstanding any statute to the contrary, notify the parent of

each student that is an alleged party to the unauthorized electronic

communication of each material phase of the investigation and

disciplinary action under this subparagraph, including but not

limited to a written summary of the results of an investigation and

the final outcome of the disciplinary action.

(b) A principal or superintendent who violates paragraph (a) of this subsection

shall be sub ject to disciplinary action in accordance with KRS 156.132 and

161.120.