Text of KY HB 304 (2024)

UNOFFICIAL COPY 24 RS BR 1215 Page 1 of 10 XXXX 1/18/2024 10:20 AM Jacketed AN ACT relating to education and declaring an emergency. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 158.191 is amended to read as follows: 3 (1) As used in this section: 4 (a) "External health care provider" means a provider of health or mental health 5 services that is not employed by or contracted with the school district to 6 provide services to the district's students; 7 (b) "Health services" has the same meaning as in KRS 156.502; 8 (c) "Mental health services" means services provided by a school-based mental 9 health services provider as defined in KRS 158.4416 but shall not include 10 academic or career counseling; and 11 (d) "Parent" means a person who has legal custody or control of the student such 12 as a mother, father, or guardian. 13 (2) Upon a student's enrollment and at the beginning of each school year, the district 14 shall provide a notification to the student's parents listing each of the health services 15 and mental health services related to human sexuality, contraception, or family 16 planning available at the student's school and of the parents' right to withhold 17 consent or decline any of those specific services. A parent's consent to a health 18 service or mental health service under this subsection shall not waive the parent's 19 right to access the student's educational or health records held by the district or the 20 notifications required under subsection (3) of this section. 21 (3) Except as provided in subsection (5) of this section, as part of a school district's 22 effort to provide a safe and supportive learning environment for students and to 23 facilitate and support parental rights and involvement in the student's life, a 24 school shall notify a student's parents within two (2) business days of the following 25 occurring[if]: 26 (a) The school changes the health services or mental health services related to 27 UNOFFICIAL COPY 24 RS BR 1215 Page 2 of 10 XXXX 1/18/2024 10:20 AM Jacketed human sexuality, contraception, or family planning that it provides, and shall 1 obtain parental consent prior to providing health services or mental health 2 services to the student;[ or] 3 (b) School personnel become aware of any of the following: 4 1. The student experiences any significant physical injury while under 5 the supervision of a school employee; 6 2. The student experiences repeated instances of bullying or harassment 7 or is identified as the victim in a violation of the local code of 8 acceptable behavior and discipline; 9 3. The student experiences a significant or ongoing reduction in 10 academic performance; 11 4. The student requests or receives health services or mental health 12 services related to sexual conduct or behavior, sexual orientation, or 13 sexual identity; 14 5. The student asserts that the student's gender is different from his or 15 her biological sex; or 16 6. A school employee is engaged in a romantic or sexual relationship 17 with the student or is engaging in repeated personal communications 18 with the student that violate the professional code of ethics developed 19 pursuant to KRS 161.028; or 20 (c) School personnel make a referral: 21 1. For the student to receive a school's health services or mental health 22 services; or 23 2. To an external health care provider, for which parental consent shall be 24 obtained prior to the referral being made. 25 (4) School districts and district personnel shall respect the fundamental rights of 26 parents to make decisions regarding the upbringing and control of the student, and 27 UNOFFICIAL COPY 24 RS BR 1215 Page 3 of 10 XXXX 1/18/2024 10:20 AM Jacketed shall adopt[ through] procedures encouraging students to discuss mental or physical 1 health or life issues with their parents and[or through] facilitating the discussion 2 with their parents. 3 (5) (a) The Kentucky Board of Education or the Kentucky Department of Education 4 shall not require or recommend that a local school district keep any student 5 information confidential from a student's parents. A district or school shall 6 not: 7 1. Adopt policies or procedures that keep[with the intent of keeping] any 8 student information confidential from parents, or 9 2. Refuse to disclose any student information requested by the student's 10 parent; 11 except as provided in paragraph (d) of this subsection. 12 (b) The Kentucky Board of Education or the Kentucky Department of Education 13 shall not require or recommend policies or procedures for the use of pronouns 14 that do not conform to a student's biological sex as indicated on the student's 15 original, unedited birth certificate issued at the time of birth pursuant to KRS 16 156.070(2)(g)2. 17 (c) A local school district shall not require school personnel or students to use 18 pronouns for any individual[students] that do not conform to that particular 19 individual's[student's] biological sex as referenced in paragraph (b) of this 20 subsection. 21 (d) Nothing in this subsection shall prohibit a school district or district personnel 22 from withholding information from a parent if a reasonably prudent person 23 would believe, based on previous conduct and history, that the disclosure 24 would result in the child becoming a dependent child or an abused or 25 neglected child as defined in KRS 600.020. The fact that district personnel 26 withhold information from a parent under this subsection shall not in itself 27 UNOFFICIAL COPY 24 RS BR 1215 Page 4 of 10 XXXX 1/18/2024 10:20 AM Jacketed constitute evidence of failure to report dependency, neglect, or abuse to the 1 Cabinet for Health and Family Services under KRS 620.030. 2 (6) Prior to a well-being questionnaire or assessment, or a health screening form being 3 given to a child for research purposes, a school district shall provide the student's 4 parent with access to review the material and shall obtain parental consent. Parental 5 consent shall not be a general consent to these assessments or forms but shall be 6 required for each assessment or form. A parent's refusal to consent shall not be an 7 indicator of having a belief regarding the topic of the assessment or form. 8 (7) Nothing in this section shall: 9 (a) Prohibit a school district or the district's personnel from seeking or providing 10 emergency medical [or mental health ]services for a student or emergency 11 mental health services necessary to prevent the death of or imminent 12 physical harm to the student or any other person as outlined in the district's 13 policies. This shall include mental health services provided generally to the 14 entire student population to assist grieving students or to respond to a 15 disaster; or 16 (b) Remove the duty to report pursuant to KRS 620.030 if district personnel has 17 reasonable cause to believe the child is a dependent child or an abused or 18 neglected child due to the risk of physical or emotional injury identified in 19 KRS 600.020(1)(a)2. or as otherwise provided in that statute. 20 Section 2. KRS 158.1415 is amended to read as follows: 21 (1) If a school council or, if none exists, the principal adopts a curriculum for human 22 sexuality or sexually transmitted diseases, instruction shall include but not be 23 limited to the following content: 24 (a) Abstinence from sexual activity is the desirable goal for all school-age 25 children; 26 (b) Abstinence from sexual activity is the only certain way to avoid unintended 27 UNOFFICIAL COPY 24 RS BR 1215 Page 5 of 10 XXXX 1/18/2024 10:20 AM Jacketed pregnancy, sexually transmitted diseases, and other associated health 1 problems; 2 (c) The best way to avoid sexually transmitted diseases and other associated 3 health problems is to establish a permanent mutually faithful monogamous 4 relationship; 5 (d) A policy to respect parental rights[ by ensuring] that prohibits: 6 1. Children in grade five (5) and below from receiving[do not receive] any 7 instruction through curriculum or programs on human sexuality or 8 sexually transmitted diseases;[ or] 9 2. Any child, regardless of grade level, enrolled in the district from 10 receiving[does not receive] any instruction or presentation that has a 11 goal or purpose of students studying or exploring gender identity, 12 gender expression, or sexual orientation; and 13 3. Any child, regardless of grade level, enrolled in the district from 14 receiving any instruction or presentation on any specific topic where 15 the child's parent has provided written notice to the school asserting 16 that the specific topic conflicts with the family's religious or moral 17 beliefs; and 18 (e) A policy to notify a parent in advance and obtain the parent's written consent 19 before the parent's child in grade six (6) or above receives any instruction 20 through curriculum or programs on human sexuality or sexually transmitted 21 diseases authorized in this section. 22 (2) Any course, curriculum, or program offered by a public school on the subject of 23 human sexuality provided by school personnel or by third parties authorized by the 24 school shall: 25 (a) Provide an alternative course, curriculum, or program without any penalty to 26 the student's grade or standing for students whose parents have not provided 27 UNOFFICIAL COPY 24 RS BR 1215 Page 6 of 10 XXXX 1/18/2024 10:20 AM Jacketed written consent as required in subsection (1)(e) of this section; 1 (b) Be subject to an inspection by parents of participating students that allows 2 parents to review the following materials: 3 1. Curriculum; 4 2. Instructional materials; 5 3. Lesson plans; 6 4. Assessments or tests; 7 5. Surveys or questionnaires; 8 6. Assignments; and 9 7. Instructional activities; 10 (c) Be developmentally appropriate; and 11 (d) Be limited to a curriculum that has been subject to the reasonable review and 12 response by stakeholders in conformity with this subsection and KRS 13 160.345(2). 14 (3) A public school offering any course, curriculum, or program on the subject of 15 human sexuality shall provide written notification to the parents of a student at least 16 two (2) weeks prior to the student's planned participation in the course, curriculum, 17 or program. The written notification shall: 18 (a) Inform the parents of the provisions of subsection (2) of this section; 19 (b) Provide the date the course, curriculum, or program is scheduled to begin; 20 (c) Detail the process for a parent to review the materials outlined in subsection 21 (2) of this section; 22 (d) Explain the process for a parent to provide written consent for the student's 23 participation in the course, curriculum, or program; and 24 (e) Provide the contact information for the teacher or instructor of the course, 25 curriculum, or program and a school administrator designated with oversight. 26 (4) Nothing in this section shall prohibit school personnel from: 27 UNOFFICIAL COPY 24 RS BR 1215 Page 7 of 10 XXXX 1/18/2024 10:20 AM Jacketed (a) Discussing human sexuality, including the sexuality of any historic person, 1 group, or public figure, where the discussion provides necessary context in 2 relation to a topic of instruction from a curriculum approved pursuant to KRS 3 160.345; or 4 (b) Responding to a question from a student during class regarding human 5 sexuality as it relates to a topic of instruction from a curriculum approved 6 pursuant to KRS 160.345. 7 SECTION 3. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 8 READ AS FOLLOWS: 9 (8) (a) A parent may bring suit for any violation of Section 1 or 2 of this Act and 10 may raise those sections as a defense in any judicial or administrative 11 proceeding without regard to whether the proceeding is brought by or in the 12 name of the state government, any private person, or any other party. 13 (b) A parent who successfully asserts a claim or defense under Section 1 or 2 of 14 this Act may recover declaratory relief, injunctive relief, compensatory 15 damages, reasonable attorneys' fees and costs, and any other appropriate 16 relief. 17 (c) A district or school shall indemnify its employees for any liability incurred 18 by the employee and for any judgment entered against the employee for 19 claims arising under Section 1 or 2 of this Act unless the employee was 20 convicted of a criminal violation for the conduct from which the claim 21 arises. 22 (2) A district or school employee who is found to have knowingly and intentionally 23 violated Section 1 or 2 of this Act shall be disciplined by the appropriate state 24 licensing board and shall have any state-issued license or certification suspended 25 for a period of two (2) years. 26 SECTION 4. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 27 UNOFFICIAL COPY 24 RS BR 1215 Page 8 of 10 XXXX 1/18/2024 10:20 AM Jacketed READ AS FOLLOWS: 1 A teacher or other employee of a district shall not be subject to any disciplinary action 2 or adverse employment action for any of the following: 3 (1) Informing a student's parent of any information regarding that student that the 4 individual reasonably believes the parent should know; or 5 (2) Declining to address an individual using a pronoun or title that is inconsistent 6 with the individual's biological sex. 7 Section 5. KRS 158.193 is amended to read as follows: 8 (1) For the purposes of this section, "on duty" means those times when a school district 9 employee is: 10 (a) Required by the district to be on campus or at another designated location and 11 required to perform the scope of the employee's duties; or 12 (b) Otherwise acting as a designated representative of the school district. 13 (2) A school district shall not punish or prohibit an employee from, or punish an 14 employee for, engaging in private religious expression otherwise protected by the 15 First Amendment to the United States Constitution absent a showing that the 16 employee has engaged in actual coercion. 17 (3) While a school district employee is on duty, the employee may, at a minimum: 18 (a) Engage in religious expression and discussions and share religious materials 19 with other employees at the same time and in the same manner that employees 20 are permitted to engage in nonreligious expression and discussions outside the 21 scope of duties; 22 (b) Engage in private religious expression at a time when it is otherwise 23 permissible for an employee to engage in private expressive conduct or act 24 outside the scope of duties; 25 (c) Meet with other district employees for prayer or religious study during times 26 that the employee is allowed to act outside the scope of duties, including but 27 UNOFFICIAL COPY 24 RS BR 1215 Page 9 of 10 XXXX 1/18/2024 10:20 AM Jacketed not limited to employee breaks, time before school, and during lunch; 1 (d) Work as a sponsor of a student religious club or organization and assist 2 students in planning meetings, activities, and events to the same extent that 3 employee sponsors of nonreligious clubs or organizations are permitted to do 4 so; 5 (e) Wear religious clothing, symbols, or jewelry, provided that such items 6 otherwise comply with any dress code implemented by the school district; 7 (f) Decorate their desk and other personal spaces with personal items that reflect 8 their religious beliefs to the same extent that other employees are permitted to 9 decorate their desk and other personal spaces with personal items;[ and] 10 (g) During noninstructional time, engage in religious expression and share 11 religious materials to the same extent that other employees may engage in 12 private expression permitted under the First Amendment to the United States 13 Constitution; and 14 (h) Participate in voluntary, student-initiated, student-led prayer, including but 15 not limited to before a sporting event, when invited to do so by the students. 16 (4) Nothing in this section shall be construed to authorize the state or any other 17 governmental organization to: 18 (a) Require any person to participate in prayer or any other religious activity; or 19 (b) Violate the constitutional rights of any person. 20 (5) This section shall not be construed to limit a school district's authority to: 21 (a) Maintain order and discipline on school property in a content-neutral and 22 viewpoint-neutral manner; 23 (b) Protect the safety of students, employees, and visitors; and 24 (c) Adopt and enforce policies and procedures regarding student speech at school 25 that respect the rights of students. 26 Section 6. Whereas situations currently exist in which the rights of families are 27 UNOFFICIAL COPY 24 RS BR 1215 Page 10 of 10 XXXX 1/18/2024 10:20 AM Jacketed violated, an emergency is declared to exist, and this Act takes effect upon its passage and 1 approval by the Governor or upon its otherwise becoming a law. 2