Kentucky Statutes 160.295 – Procedure for promulgation of code of student rights and responsibilities for secondary schools — Prohibited student activities
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(1) The board of education of each public school district in the Commonwealth may adopt and promulgate a code of student rights and responsibilities for secondary schools from recommendations of a committee composed of students, faculty, parents, and school district administrative personnel.
(2) Such committee shall consist of two (2) students, two (2) parents of students, two (2) faculty members, two (2) representatives from administrative personnel of the district, and one (1) member of the local school board.
(3) The student and faculty members of such committee shall be elected by their peers in the local school district; the administrative personnel shall be appointed by the school district superintendent, and the parents selected by the faculty and student body. Members of such committee shall serve for a term of one (1) year and may be reelected or reappointed in following years. Initial composition of the elected members of such committee shall be by the following:
(a) The district superintendent shall notify each school within the district, each school principal or head teacher, the students of the district, and the parents of students within the district as to the method for receiving nominations for membership on the committee and of the methods by which the election of members shall take place. Such notification shall take place on or before the first day of school for each school term.
(b) Nominations for the student, faculty, and parent members of the committee shall be received in writing by the district superintendent within thirty (30) days following the commencement of each school term.
(c) The election of student, faculty, and parent members of the committee shall be held within fourteen (14) days following the closing of nominations under the supervision of the district superintendent.
(d) The initial meeting of the elected and appointed members shall be no later than fourteen (14) days following the election.
(4) Each committee member shall be entitled to a single vote and any code of student rights and responsibilities adopted by a majority of the committee membership shall be submitted to the district board of education which may cause such code, in whole or in part, to be implemented in the public schools of the district.
(5) All meetings of the committee shall be open to the public and the committee shall hold at least one (1) public hearing on the proposed code before it is adopted and submitted to the district board of education for implementation.
(6) The code of student rights and responsibilities adopted by the committee may define rights and responsibilities regarding, but not limited to, the following:
(a) Right of expression, including, but not limited to, appearance, assembly, association, and circulation of petitions and literature;
(b) Right to participate in decision-making procedures directly affecting students; (c) Right to procedural due process concerning major disciplinary action, as
defined by the code;
(d) Right to receive academic grades based only upon academic performance;
(e) Right to freedom from abuse and threat of abuse by members of school faculties and administration personnel; and
(f) Right of access by a student to his or her own records and guarantee of the confidentiality of a student’s academic records outside of the school system, except upon written authorization of the student or his or her parents or guardians.
(7) Students shall refrain from activity which materially or substantially disrupts the educational process or presents a clear and present danger to the health and safety of persons or property, or infringes on the rights of others.
Effective: July 13, 1990
History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 432, effective July
13, 1990. — Created 1974 Ky. Acts ch. 249, sec. 1.
(2) Such committee shall consist of two (2) students, two (2) parents of students, two (2) faculty members, two (2) representatives from administrative personnel of the district, and one (1) member of the local school board.
Terms Used In Kentucky Statutes 160.295
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The student and faculty members of such committee shall be elected by their peers in the local school district; the administrative personnel shall be appointed by the school district superintendent, and the parents selected by the faculty and student body. Members of such committee shall serve for a term of one (1) year and may be reelected or reappointed in following years. Initial composition of the elected members of such committee shall be by the following:
(a) The district superintendent shall notify each school within the district, each school principal or head teacher, the students of the district, and the parents of students within the district as to the method for receiving nominations for membership on the committee and of the methods by which the election of members shall take place. Such notification shall take place on or before the first day of school for each school term.
(b) Nominations for the student, faculty, and parent members of the committee shall be received in writing by the district superintendent within thirty (30) days following the commencement of each school term.
(c) The election of student, faculty, and parent members of the committee shall be held within fourteen (14) days following the closing of nominations under the supervision of the district superintendent.
(d) The initial meeting of the elected and appointed members shall be no later than fourteen (14) days following the election.
(4) Each committee member shall be entitled to a single vote and any code of student rights and responsibilities adopted by a majority of the committee membership shall be submitted to the district board of education which may cause such code, in whole or in part, to be implemented in the public schools of the district.
(5) All meetings of the committee shall be open to the public and the committee shall hold at least one (1) public hearing on the proposed code before it is adopted and submitted to the district board of education for implementation.
(6) The code of student rights and responsibilities adopted by the committee may define rights and responsibilities regarding, but not limited to, the following:
(a) Right of expression, including, but not limited to, appearance, assembly, association, and circulation of petitions and literature;
(b) Right to participate in decision-making procedures directly affecting students; (c) Right to procedural due process concerning major disciplinary action, as
defined by the code;
(d) Right to receive academic grades based only upon academic performance;
(e) Right to freedom from abuse and threat of abuse by members of school faculties and administration personnel; and
(f) Right of access by a student to his or her own records and guarantee of the confidentiality of a student’s academic records outside of the school system, except upon written authorization of the student or his or her parents or guardians.
(7) Students shall refrain from activity which materially or substantially disrupts the educational process or presents a clear and present danger to the health and safety of persons or property, or infringes on the rights of others.
Effective: July 13, 1990
History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 432, effective July
13, 1990. — Created 1974 Ky. Acts ch. 249, sec. 1.