{"data":{"id":"us-ky/krs-158.153","jurisdiction":"us-ky","citation":"KRS 158.153","heading":"Punishment based on child's records -- Disclosure of records -- Cause of","body":"action -- Districtwide standards of behavior for students participating in\nextracurricular activities.\n(1) Unless the action is taken pursuant to KRS 158.150, no school,  school\nadministrator, teacher, or other school employee shall expel or punish a child based\non information contained in a record of an adjudication of delinquency or\nconviction of an offense received by the school pursuant to KRS 610.345 or from\nany other source. Nothing in this subsection shall be construed to prohibit a local\nschool board or school official from instituting disciplinary proceedings against any\nstudent for violating the discipline policy of the school or school district or taking\nactions necessary to protect staff and students. Actions to protect staff and students\nmay be taken only after the principal makes a determination that the conduct of the\nstudent reflected in the records of the school or obtained by the school from the\ncourt indicates a substantial likelihood of an immediate and continuing threat that\nthe student will cause harm to students or staff, and that the restrictions to be\nordered represent the least restrictive alternative available and appropriate to\nremedy the threat, a nd that the determination and supporting material be\ndocumented in the child's record. The action of the principal, in addition to or in\nlieu of any other procedure available, may be appealed by the child or the child's\nparent or guardian to the superintendent of the school system or to the Circuit Court\nin the county in which the school is located, and the appealing party may be\nrepresented by counsel.\n(2) Except as provided in KRS 610.345, no school, school administrator, teacher, or\nother school employee  who has custody of records received or maintained by the\nschool pursuant to KRS 610.345 or who has received information contained in or\nrelating to a record received by the school pursuant to KRS 610.345 shall disclose\nthe fact of the record's existence, or any information contained in the record or\nreceived from the record to any other person, including but not limited to other\nteachers, school employees, pupils, or parents other than the pupil, or parents of the\npupil who is the subject of the record.\n(3) The child and his parent or guardian shall have a civil cause of action against the\nschool board and against any school administrator violating subsection (1) or (2) of\nthis section or divulging information in violation of KRS 610.345 or 610.340. This\ncivil cause of action shall be in addition to any other criminal or administrative\nremedy provided by law.\n(4) Nothing in this section shall be construed to prohibit a local board of education\nfrom establishing districtwide standards of behavior for students  who participate in\nextracurricular and cocurricular activities, including athletics. A school principal\nmay deny or terminate a student's eligibility to participate in extracurricular or\ncocurricular activities if the student has violated the local district behavior standards\nor the council's criteria for participation, as described in KRS 160.345(2)(i)8. A\nstudent's right to participate in extracurricular or cocurricular activities, including\nathletics, may be suspended, pending investigation of an allega tion that the\nstandards of behavior have been violated.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54839","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:04Z","sha256":"2363b06c00254affa531f09521f7b6b8a27f2c9078d023876cad0fb06659f051","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.150","next":"us-ky/krs-158.154"},"notice":"GroundRules: Original legal text. Not legal advice."}
