KRS 610.345: School officials to be notified when child adjudicated guilty, is respondent

or petitioner in certain cases, or when county attorney makes probable cause

determination -- Disclosure of records -- Provision of offense history to school

officials.

(1) When a child is adjudicated guilty of an offense which classifies him or her as a

youthful offender, the judge in the court in which the matter was tried shall direct

the clerk to notify the superintendent and the director of pupil personnel of the

public school district in which the child is enrolled, or the principal of any private

elementary or secondary school which the child attends of the adjudication and the

petition and disposition of the case.

(2) When a child is adjudicated guilty of a n offense which would classify him or her as

a violent offender under KRS 439.3401, or be a felony under KRS Chapter 218A,

508, 510, or 527 if committed by an adult, but which would not classify him or her

as a youthful offender, the judge in the court in which the matter was tried shall

direct the clerk to notify the superintendent and the director of pupil personnel of

the public school district in which the child is enrolled, or the principal of any

private elementary or secondary school which the child attends of the charge, the

adjudication, and the disposition of the case.

(3) When a child is the respondent or petitioner for a domestic violence order issued

under KRS 403.740 or an interpersonal protective order issued under KRS 456.060,

the judge in the court in which the matter was tried shall direct the clerk to notify:

(a) The superintendent and director of pupil personnel of the public school

district in which the child is enrolled, or the principal of any private

elementary or secondary school that the child attends; and

(b) The school resource officer or any other contract employee hired to provide

security services for the school.

(4) When a court-designated worker receives notice that a county attorney has made a

determination pursuant to KRS 635.010(1) that probable cause exists to file a public

offense petition alleging that the child committed an offense that, if committed by

an adult, would be a:

(a) Felony; or

(b) Misdemeanor involving:

1. A controlled substance;

2. The possession, carrying, or use of a deadly weapon;

3. Physical injury to another person;

4. Sexual contact;

5. Sexual intercourse; or

6. Deviate sexual intercourse;

the court-designated worker shall notify the superintendent and the director of pupil

personnel of the public school district in which the child is enrolled, or the principal

of any private elementary or secondary school that the child attends of the charge. If

the complaint is successfully diverted, the court -designated worker shall notify t he

superintendent and the director of pupil personnel or the principal of the successful

diversion, and all records of the incident or notification created in the school district

or the school under this subsection shall be destroyed and shall not be inclu ded in

the child's school records.

(5) When a child is adjudicated guilty of an offense that meets the criteria set forth in

subsection (4)(a) or (b) of this section, the judge in the court in which the matter is

considered shall direct the clerk to notify the superintendent and the director of

pupil personnel of the public school district in which the child is enrolled, or the

principal of any private elementary or secondary school that the child attends of the

charge, the adjudication, and the disposition of the case. If the petition is dismissed

or informally adjusted, the clerk shall notify the superintendent and the director of

pupil personnel or the principal of the disposition, and all records of the incident or

notification created in the school district or the school under this subsection shall be

destroyed and shall not be included in the child's school records.

(6) The notifications required in subsections (1) to (5) of this section shall be made

within twenty -four (24) hours of the county attorney 's determination pursuant to

KRS 635.010(1), successful completion of diversion, or entry of the court order.

The name of the complainant shall be deleted. The county attorney may, upon

request by the school district or the school, provide a statement of t he facts in the

case, not to include the complainant's name.

(7) Notice to a district superintendent referenced in subsections (1) to (5) of this section

shall be released by the superintendent to the principal of the school in which the

child is enrolled. A principal of a public or private school receiving notice shall

release the information to any school resource officer or employees of the school

having responsibility for classroom instruction or counseling of the child, and may

release it to other school personnel as described in subsection (8) of this section, but

the information shall otherwise be confidential and shall not be shared by school

personnel with any other person or agency except as may otherwise be required by

law.

(8) Records or information disclosed pursuant to this section shall be limited to records

of that student's criminal petition and the disposition thereof covered by this

section, shall be subject to the provisions of KRS 610.320 and 610.340, and shall

not be disclosed to any other person, including school personnel, except to a district

superintendent, director of pupil personnel, public or private elementary and

secondary school administrative, transportation, and counseling personnel, and to

any school resource officer, teacher , or school employee with whom the student

may come in contact. This section shall not authorize the disclosure of any other

juvenile record or information relating to the child.

(9) The Department of Juvenile Justice shall provide a child's offense histor y

information pursuant to this section to the superintendent and the director of pupil

personnel of the local school district in which the child, who is committed to the

department, is placed.

(10) Records or information received by the school pursuant to this section shall:

(a) Be kept in a locked file, when not in use, to be opened only on permission of

the administrator or any school resource officer; and

(b) For the purposes of destruction required in this section, not include education

records, as defined in KRS 160.700, created by the school.

(11) A superintendent of a public school district may designate an employee of the

school district to receive notices and carry out the superintendent's responsibilities

under this section. The superintendent shal l provide the clerk and the court -

designated worker with notice of any designation and the name and contact

information for the superintendent's designee.