KRS § 158.155 Reporting of specified incidents of student conduct -- Notation on school records -- Report to law enforcement of certain student conduct -- Immunity -- Penalty. (Effective until July 15, 2026)

158.155 Reporting of specified incidents of student conduct -- Notation on school records -- Report to law enforcement of certain student conduct -- Immunity -- Penalty. (Effective until July 15, 2026) (1) Any school employee who knows or has reasonable cause to believe that a person has made threats or plans of violence which are intended to target a school or students or who knows that a firearm is present on school property in violation of KRS 527.070 shall immediately cause a report to be made pursuant to subsection (10) of this section. (2) Any school employee shall immediately report pursuant to subsection (10) of this section any act which the employee has a reasonable cause to believe has occurred on school property or at a school-sponsored or sanctioned event involving: (a) Assault resulting in serious physical injury; (b) A sexual offense; (c) Kidnapping; (d) Assault with the use of a weapon; (e) Possession of a firearm or deadly weapon in violation of the law; (f) The use, possession, or sale of a controlled substance in violation of the law; or (g) Damage to property. (3) Any school employee who receives information from a student or other person of conduct which is required to be reported under subsection (1) or (2) of this section shall report the conduct pursuant to subsection (10) of this section. (4) If a student has been adjudicated guilty of an offense specified in this subsection or has been expelled from school for an offense specified in this subsection, prior to a student's admission to any school, the parent, guardian, principal, or other person or agency responsible for a student shall provide to the school a sworn statement or affirmation indicating on a form provided by the Kentucky Board of Education that the student has been adjudicated guilty or expelled from school attendance at a public or private school in this state or another state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs. The sworn statement or affirmation shall be sent to the receiving school within five (5) working days of the time when the student requests enrollment in the new school. (5) If any student who has been expelled from attendance at a public or private school in this state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs requests transfer of his records, those records shall reflect the charges and final disposition of the expulsion proceedings. (6) If any student who is subject to an expulsion proceeding at a public or private school in this state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs requests transfer of his records to a new school, the records shall not be transferred until that proceeding has been terminated and shall reflect the charges and any final disposition of the expulsion proceedings. (7) Neither the husband-wife privilege of KRE 504 nor any professional-client privilege, including those set forth in KRE 506 and 507, shall be a ground for refusing to make a report required under this section or for excluding evidence in a judicial proceeding of the making of a report and of the conduct giving rise to the making of a report. However, the attorney-client privilege of KRE 503 and the religious privilege of KRE 505 are grounds for refusing to make a report or for excluding evidence as to the report and the underlying conduct. (8) Nothing in this section shall be construed as to require self-incrimination. (9) A person acting upon reasonable cause in the making of a report under this section in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed from: (a) Making the report; and (b) Participating in any judicial proceeding that resulted from the report. (10) Notice required pursuant to this section shall be given to any law enforcement agency created by the local board of education, and to: (a) A local law enforcement agency not created by the local board of education; or (b) The Department of Kentucky State Police. (11) Any person who intentionally violates the provisions of this section shall be guilty of a: (a) Class B misdemeanor for the first offense; (b) Class A misdemeanor for the second offense; and (c) Class D felony for the third or subsequent offense. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 36, effective July 15, 2024. -- Amended 2007 Ky. Acts ch. 85, sec. 167, effective June 26, 2007. -- Amended 2004 Ky. Acts ch. 185, sec. 2, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 471, sec. 1, effective July 15, 1994. Legislative Research Commission Note (7/15/94). A comma has been added after the second use of the word "premises" in paragraph (b) of subsection (4) of this statute. The drafter of 1994 Ky. Acts ch. 471 advises and the context clearly establishes that the omission of this comma in that Act was a manifest clerical or typographical error. See KRS 7.136(1)(h).