{"data":{"id":"us-ky/krs-158.148","jurisdiction":"us-ky","citation":"KRS 158.148","heading":"Definitions of \"bullying\" and \"parent or guardian\" -- Discipline","body":"guidelines, transportation services policy, and model policies -- Local code of\nacceptable behavior and discipline -- Required contents of code.\n(1) As used in this section:\n(a) 1. \"Bullying\" means any unwanted verbal, physical, or social behavior\namong students that involves a real or perceived power imbalance and is\nrepeated or has the potential to be repeated:\na. That occurs on school premises, on school -sponsored\ntransportation, or at a school-sponsored event; or\nb. That disrupts the education process; and\n2. This definition shall not be interpreted to prohibit civil exchange of\nopinions or debate or cultural practices protected under the state or\nfederal Constitution where the opinion expressed does not otherwise\nmaterially or substantially disrupt the education process; and\n(b) \"Parent or guardian\" means a parent, legal guardian, or other person\nexercising custodial control or supervision of a student.\n(2) In cooperation with the Kentucky Education Association, the Kentucky School\nBoards Association, the Kentucky Association of School Administrators, the\nKentucky Association of Professional Educators, the Kentucky Association of\nSchool Superintendents, the P arent-Teachers Association, the Kentucky Chamber\nof Commerce, the Farm Bureau, members of the Interim Joint Committee on\nEducation, and other interested groups, and in collaboration with the Center for\nSchool Safety, the Department of Education shall devel op or update as needed and\ndistribute to all districts by August 31 of each even-numbered year:\n(a) Statewide student discipline guidelines to ensure safe schools, including the\ndefinition of serious incident for the reporting purposes as identified in KRS\n158.444;\n(b) Statewide transportation services policy guidelines to ensure the safety of\nstudents, operators of vehicles, and other passengers using district -provided\ntransportation;\n(c) Recommendations designed to improve the learning environment and sch ool\nclimate, parental and community involvement in the schools, and student\nachievement; and\n(d) Model policies to implement the provisions of this section and KRS 158.110,\n158.156, 158.444, 525.070, and 525.080.\n(3) The department shall obtain statewide d ata on major discipline problems and\nreasons why students drop out of school. In addition, the department, in\ncollaboration with the Center for School Safety, shall identify successful strategies\ncurrently being used in programs in Kentucky and in other st ates and shall\nincorporate those strategies into the statewide student discipline guidelines,\ntransportation services policy guidelines, and the recommendations under\nsubsection (2) of this section.\n(4) Copies of the statewide student discipline guidelines  and the transportation services\npolicy guidelines shall be distributed to all school districts. The statewide student\ndiscipline guidelines shall contain broad principles and legal requirements to guide\nlocal districts in the development of their own code  of acceptable behavior and\ndiscipline; the selection of discipline and classroom management techniques by\nschool councils under KRS 158.155 and 160.345; the development of the district\ntransportation services policy; and the development of the district-wide safety plan.\n(5) (a) Each local board of education shall adopt a code of acceptable behavior and\ndiscipline based on the statewide student discipline guidelines that shall apply\nto the students in each school operated by the board. The code shall be\nupdated no less frequently than every two (2) years.\n(b) The superintendent, or designee, shall be responsible for overall\nimplementation and supervision, and each school principal shall be\nresponsible for administration and implementation within each school.  Each\nschool council shall select and implement the appropriate discipline and\nclassroom management techniques necessary to carry out the code. The board\nshall establish a process for a two -way communication system for teachers\nand other employees to notify a principal, supervisor, or other administrator of\nan emergency.\n(c) The code shall prohibit bullying.\n(d) The code shall contain the standard of behavior expected from each student,\nthe consequences of failure to obey the standards, and the importance o f the\nstandards to the maintenance of a safe learning environment where orderly\nlearning is possible and encouraged.\n(e) The code shall contain:\n1. Procedures for identifying, documenting, and reporting incidents of\nbullying, incidents of violations of the  code, and incidents for which\nreporting is required under KRS 158.156;\n2. Procedures for investigating and responding to a complaint or a report of\nbullying or a violation of the code, or of an incident for which reporting\nis required under KRS 158.156, i ncluding reporting incidents to the\nparents or guardians of the students involved;\n3. A strategy or method of protecting a complainant or person reporting:\na. An incident of bullying;\nb. A violation of the code; or\nc. An incident for which reporting is required under KRS 158.156;\nfrom retaliation;\n4. A process for informing students, parents or guardians, and school\nemployees of the requirements of the code and the provisions of this\nsection and KRS 158.156, 158.444, 525.070, and 525.080, including\ntraining for school employees; and\n5. Information regarding the consequences of bullying and violating the\ncode and violations reportable under KRS 158.155, 158.156, or 158.444.\n(f) The principal of each school shall apply the code of acceptable behavior and\ndiscipline uniformly and fairly to each student at the school without partiality\nor discrimination.\n(g) A copy of the code of acceptable behavior and discipline adopted by the board\nof education shall be posted at each school. Guidance counselors shall be\nprovided copies for discussion with students. The code shall be referenced in\nall school handbooks. All school employees and parents or guardians shall be\nprovided copies of the code.\n(6) (a) Each local board of education shall adopt a transportation services policy to\napply to students while on transportation provided for or by the district, and to\ntheir parents or guardians. The policy shall be updated no less frequently than\nevery two (2) years, with the first update being completed by the first\ninstructional day of the 2024-2025 school year.\n(b) The superintendent or designee shall be responsible for overall\nimplementation and supervision. The board shall select and implement the\nappropriate discipline and transportation management techniques necessary to\ncarry out the policy. The board shall establish a process for a two -way\ncommunication system for bus drivers and other employees, volunteers, or\ncontractors to notify a supervisor, superintendent, or other administrator of an\nemergency.\n(c) The policy shall contain the standard of behavior expected from each student\nwhile being transported by or for the district and the consequences of failure\nto obey the standards. The policy shall include:\n1. Procedures for identifying, documenting, and rep orting incidents of\nbullying, incidents of violations of the policy, and incidents for which\nreporting is required under KRS 158.156;\n2. Procedures for investigating and responding to a complaint or a report of\nbullying or a violation of the policy, or of an incident for which\nreporting is required under KRS 158.156, including reporting incidents\nto the parents or guardians of the students involved;\n3. A strategy or method of protecting a complainant or person reporting a\nviolation of the policy from retaliation;\n4. When a student is alleged by an operator of transportation to have\ncommitted a violation of the policy that places the student or others at\nrisk of physical harm or otherwise makes it unsafe for the driver to\ncontinue transporting students, and as permitted by state and federal law,\na process that allows the operator of the vehicle to:\na. Refuse further transportation of the student at the time of the\nincident, upon notification of the emergency pursuant to paragraph\n(b) of this subsection, and transfer the student to:\ni. An appropriate district official who has reported to the\nlocation of the vehicle;\nii. An appropriate district official located at a location\ndesignated in the transportation services policy or by an\nappropriate district official, including but not limited to a bus\ncompound or transfer station;\niii. Law enforcement; or\niv. The student's parent or guardian; and\nb. Upon filing and submitting a written report to the superintendent\nor designee, refuse future transportation of the studen t until an\ninterim or final determination of disciplinary action by the\nsuperintendent or designee pursuant to local board policy;\n5. For alleged violations of the policy not covered by subparagraph 4. of\nthis paragraph and submitted by the operator of the  vehicle, a\nrequirement that the superintendent or designee issue an interim or final\ndetermination of disciplinary action pursuant to local board policy\nwithin one (1) week of the report being submitted;\n6. A process allowing for the operator of a vehicle to:\na. File a written or electronic complaint or report of the misconduct,\nincluding a recommendation regarding revocation of the student's\ntransportation privileges; and\nb. Be heard during any disciplinary proceedings against a student\nrelating, at least  in part, to misconduct that occurred during the\noperator's transportation of the student;\n7. A requirement that any recommendation by the operator of a vehicle\nshall be considered by the superintendent or designee as a factor in the\ninterim or final deter mination of disciplinary action on the complaint or\nreport;\n8. A requirement that the operator of a vehicle, to the extent permitted by\nlaw, receive written notice from the superintendent or designee of the\ninvestigation, disciplinary action imposed, and r easoning in response to\nthe reported misconduct; and\n9. A disciplinary structure that provides for:\na. Interventions or disciplinary consequences that reflect the severity\nof the violation; and\nb. Increased intervention and consequences upon subsequent\nviolations of the policy.\n(d) The policy shall contain the standard of behavior expected from parents or\nguardians of students being transported by or for the district while interacting\nwith district transportation staff and the consequences of failure to fol low the\nstandards. The policy shall include:\n1. Procedures for investigating and responding to a complaint or report\nmade by an operator of transportation alleging parent or legal guardian\nmisconduct;\n2. A requirement that the operator of a vehicle be pro vided an opportunity\nto be heard and to make a recommendation regarding future\ntransportation of the student during any disciplinary proceedings\nrelating, at least in part, to alleged misconduct by the student's parent or\nguardian and the impact upon a student's transportation privileges; and\n3. An intervention or consequences structure that provides for the\nplacement of conditions upon or revocation of a student's transportation\nprivileges based upon parent or guardian misconduct that provides for:\na. Interventions or consequences that reflect the severity of the parent\nor guardian's misconduct; and\nb. Increased intervention and consequences upon subsequent\nviolations of the policy.\n(e) The policy shall include references to relevant criminal violations based on\npotential misconduct covered by the policy, including but not limited to the\nfollowing statements:\n1. \"KRS 511.020 makes it a Class B felony for a person, with the intent to\ncommit a crime, knowingly entering or remaining unlawfully upon a\nschool bus, and when in effecting entry or while upon the school bus or\nin the immediate flight therefrom, the person or another participant in\nthe crime causes physical injury to another person or uses or threatens\nthe use of a dangerous instrument against another person.\";\n2. \"KRS 508.078 makes it a Class C felony for a person to intentionally\nthreaten to commit any act likely to result in death or serious physical\ninjury to any employee of an e lementary or secondary school, which\nincludes a school bus driver.\";\n3. \"KRS 508.025 makes it a Class D felony for a person to recklessly, with\na deadly weapon or dangerous instrument, or intentionally cause or\nattempt to cause physical injury to a school bus driver or other school\nemployee acting in the course and scope of their employment.\";\n4. \"KRS 519.020 makes it a Class A misdemeanor for a person to obstruct\ngovernmental operations, which includes intentionally obstructing,\nimpairing, or hindering the  performance of a governmental function by\nusing or threatening to use violence, force or physical interference.\"; and\n5. \"KRS 525.070 makes it a Class B misdemeanor for a person, with intent\nto intimidate, harass, annoy, or alarm another person, to strike , shove,\nkick, or otherwise subject another to physical contact.\".\n(f) The policy shall include a process for an operator of a vehicle, upon the\nreinstatement of a student's transportation privileges after an interim or final\ndetermination of disciplinary action, to elect to receive an alternate route\nassignment in lieu of transporting the student.\n(g) The superintendent or designee of each district shall apply the transportation\nservices policy uniformly and fairly to each student without partiality or\ndiscrimination.\n(h) The superintendent or designee shall require every student in the district and\nat least one (1) parent or guardian of each student to acknowledge in writing\nthe receipt, comprehension, and agreement of adherence to the transportation\nsafety policy within seven (7) days of the student's first day of attendance\nduring each school year. Failure to submit written acknowledgement by a\nstudent or their parent or guardian may be grounds for revocation of a\nstudent's transportation privileges until  the acknowledgment is properly\nreceived.\n(7) Any action under this section related to students with disabilities shall be in\ncompliance with applicable federal law.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54760","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:04Z","sha256":"73eb25a12648446397e7a463e1c0e7595b33a4498cf371ceb8ef9fa1cb68d8a2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.146","next":"us-ky/krs-158.149"},"notice":"GroundRules: Original legal text. Not legal advice."}