A Watch-dog Organization - Advocating for Bullied Children
& Reporting on State Anti Bullying Laws
the word, "bullying" is not mentioned in the name of this law, it is clearly
an anti bullying law. It qualifies for the highest grade possible,
an A++ (Note: In red - help for the victim and an internet clause)
HB 91 - The Golden Rule Act
AN ACT relating to the safety, learning, and well-being of students.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
(1) Any employee of a school or a local board of education who knows or has reasonable cause to believe that a school student has been the victim of a violation of any felony offense specified in KRS Chapter 508 committed by another student while on school premises, on school-sponsored transportation, or at a school-sponsored event shall immediately cause an oral or written report to be made to the principal of the school attended by the victim. The principal shall notify the parents, legal guardians, or other persons exercising custodial control or supervision of the student when the student is involved in an incident reportable under this section. The principal shall file with the local school board and the local law enforcement agency or the Department of Kentucky State Police or the county attorney within forty-eight (48) hours of the original report a written report containing:
(a) The names and addresses of the student and his or her parents,
legal guardians, or other persons exercising custodial control or supervision;
(2) An agency receiving a report under subsection (1) of this section shall investigate the matter referred to it. The school board and school personnel shall participate in the investigation at the request of the agency.
(3) Anyone acting upon reasonable cause in the making of a report required under this section in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action.
(4) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding student harassment, in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding student harassment.
Section 2. KRS 158.444 is amended to read as follows:
(2) The Kentucky Department of Education shall:
(3) The Department of Education shall provide the Office of Education Accountability and the Education Assessment and Accountability Review Subcommittee with an annual statistical report of the number and types of incidents reported under subsection (2)(b) of this section. The report shall include all monthly data and cumulative data for each reporting year. Reportable incidents shall be grouped in the report in the same manner that the reportable incidents are grouped in subsection (2)(b)1. of this section. Data in the report shall be sorted by individual school district, then by individual schools within that district, and then by individual grades within each school. The report shall not contain information personally identifying any student. The reporting period shall be for an academic year, and shall be delivered no later than August 31 of each year.
(4) All personally identifiable student data collected pursuant to subsection (2)(b) of this section shall be subject to the confidentiality provisions of the Kentucky Family Education Rights and Privacy Act, KRS 160.700 to 160.730, and to the federal Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g, and its implementing regulations.
(5) Parents, legal guardians, or other persons exercising custodial control or supervision shall have the right to inspect or challenge the personally identifiable student records as permitted under the Kentucky Family Education Rights and Privacy Act and the federal Family Educational Rights and Privacy Act and implementing regulations.
(6) Data collected under this section on an individual student committing an incident reportable under subsection (2)(b)1. of this section shall be placed in the student's disciplinary record.
Section 3. KRS 158.148 is amended to read as follows:
(2) The department shall obtain statewide data on major discipline problems and reasons why students drop out of school. In addition, the department, in collaboration with the Center for School Safety, shall identify successful strategies currently being used in programs in Kentucky and in other states and shall incorporate those strategies into the statewide guidelines and the recommendations under subsection (1) of this section.
(3) Copies of the discipline guidelines shall be distributed to all school districts. The statewide guidelines shall contain broad principles and legal requirements to guide local districts in developing their own discipline code and school councils in the selection of discipline and classroom management techniques under KRS 158.154; and in the development of the district-wide safety plan.
(4) Each local board of education shall be responsible for formulating
a code of acceptable behavior and discipline to apply to the students in
each school operated by the board. The code shall be updated no less
frequently than every two (2) years, with the first update being completed
by November 30, 2008.
Section 4. KRS 525.070 is amended to read as follows:
(2) (a) Except as provided in paragraph (b) of this subsection, harassment
is a violation.
Section 5. KRS 525.080 is amended to read as follows:
(2) Harassing communications is a Class B misdemeanor.
HB 91 (BR 499) - M. Cherry, L. Clark, T. Edmonds, D. Graham, K. Hall, R. Henderson, M. Marzian, R. Palumbo, J. Richards, T. Riner, T. Thompson, R. Webb
AN ACT relating to the safety, learning, and well-being of students.
Amend KRS 158.440 to identify the Golden Rule as the model for improving attitude and the rule for conduct for all public school students; require school districts to have plans, policies, and procedures dealing with measures for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student; amend KRS 158.441 to define "harassment, intimidation, or bullying"; allow civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution to be included in areas exempt from definition of "harassment, intimidation, or bullying"; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior and discipline that embraces the Golden Rule as the model for improving attitude and the rule for conduct for students; require the code of acceptable behavior to prohibit harassment, intimidation, or bullying of a student and include procedures for identifying, reporting, investigating, and responding to complaints, a strategy for protecting complainants from retaliation, a process for annually discussing the code and the consequences of violating the code with students and their parents or their legal guardians; require school districts to provide training on the code of acceptable behavior to school employees who have direct contact with students, if funds are available; require district to incorporate information regarding the Golden Rule and the code of acceptable behavior in employee training manual; require school councils that are proposing to adopt an instructional program or curriculum designed to instruct students on issues regarding harassment, intimidation, or bullying to afford parents the right to inspect and review the instructional material and to address the council on the proposal prior to its adoption; offer parents and legal guardians the opportunity to opt out their students from programs or curriculum regarding harassment, intimidation, or bullying; specify that students who are opted out shall remain subject to the policy that prohibits harassment, intimidation, or bullying; amend KRS 158.150 to include the breaking of the Golden Rule through student harassment, intimidation, or bullying as a cause for suspension, expulsion, or other appropriate disciplinary action; amend 158.444 to require local school districts to report to the Kentucky Department of Education all incidents where a student has been disciplined for harassment, intimidation, or bullying three times in a single semester or where an individual has been the object of three or more documented incidents of harassment, intimidation, or bullying in a single semester; create a new section of KRS 158 to require that all student data collected that is related to harassment, intimidation, or bullying be subject to the confidentiality provisions of both the federal and the Kentucky Family Education Rights and Privacy Act and afford parents the right to inspect or challenge student records as permitted under those provisions; require individual student data collected that is related to harassment, intimidation, or bullying to be placed in the student's disciplinary record; create a new section of KRS 158 to provide immunity to school employees or students from a cause of action for damages arising from reporting in good faith a student's disruptive or disorderly behavior if school and district procedures are followed regarding the report; make technical corrections; identify this Act as The Golden Rule Act.
HB 91 - AMENDMENTS
HFA (1, D. Floyd) - Retain original provisions; require local school districts to provide training to victims of bullying for victim empowerment.
HFA (2, D. Floyd) - Require a local school district to provide information and assistance on how to respond to and avoid instances of bullying to students who have been subjected to bullying.
HFA (3, M. Cherry) - Include cyberbullying in the definition of student harassment, intimidation, or bullying; include electronic communication as a method of student harassment, intimidation, cyberbullying, or bullying.
SCS/LM/CI - Replace provisions of the bill with the following: Create a new section of KRS Chapter 158 to require school personnel to report incidents of student offenses under KRS Chapter 508, criminal harassment, or harassing communications to law enforcement, with a requirement that the incident be investigated; amend KRS 158.444 to create a data collection system for the reporting of incidents of student offenses under KRS Chapter 508, criminal harassment, or harassing communications, with monthly reporting of the number and types of incidents reported; amend KRS 158.148 to require updating of student discipline codes to include material relating the taking, reporting, or investigation of complaints of student offenses under KRS Chapter 508, criminal harassment, or harassing communications, with provision for the protection of complainants and the distribution to the updated provisions of the code to students, parents, and school personnel; amend KRS 525.070 relating to harassment to prohibit certain activity when done by a student; amend KRS 525.080 relating to harassing communication to prohibit certain activity when done by a student.
CCR - Cannot agree.
FCCR - Create a new section of KRS Chapter 158 to require school personnel to report incidents of student felony offenses under KRS Chapter 508 to law enforcement and parents of students involved; amend KRS 158.444 to require a local school district to include in its statewide data report all incidents in which a student has been disciplined by the school for a serious offense, including the nature of the offense, and all incidents in which a student has been charged criminally for any offense identified in KRS Chapter 508 or in Section 4 of this Act that occurred on school premises, on the school bus, or at school functions; require the Kentucky Department of Education to submit to the Office of Education Accountability and the Education Assessment and Accountability Review Committee an annual statistical report, rather than a monthly statistical report, to include the number and types of incidents of violence or assault against school employees and students, possession of guns or other deadly weapons on school property or at school functions, and possession or use of alcohol, prescription drugs, or controlled substances on school property or at school functions; require the annual statistical report to include monthly data and cumulative data for the reporting year; set the reporting period as an academic year, delivered by August 31 of each year; amend KRS 158.148 to require the Kentucky Department of Education, in consultation with various professional agencies, to develop or update as needed, a model policy to be distributed to schools by August 31 of each even-numbered year, beginning August 31, 2008; amend KRS 525.070 to identify specific activities done by a student as harassment; amend KRS 525.080 to identify specific activities done by a student as harassing communication.
Jan 8-introduced in House