Kentucky Statutes 158.191 – Health and mental health services related to human sexuality, contraception, or family planning — District to notify parents — District prohibited from keeping student information confidential from a parent — Prohibitio…
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
(a) “External health care provider” means a provider of health or mental health services that is not employed by or contracted with the school district to provide services to the district’s students;
(b) “Health services” has the same meaning as in KRS § 156.502;
(c) “Mental health services” means services provided by a school-based mental health services provider as defined in KRS § 158.4416 but shall not include academic or career counseling; and
(d) “Parent” means a person who has legal custody or control of the student such as a mother, father, or guardian.
(2) Upon a student’s enrollment and at the beginning of each school year, the district shall provide a notification to the student’s parents listing each of the health services and mental health services related to human sexuality, contraception, or family planning available at the student’s school and of the parents’ right to withhold consent or decline any of those specific services. A parent’s consent to a health service or mental health service under this subsection shall not waive the parent’s right to access the student’s educational or health records held by the district or the notifications required under subsection (3) of this section.
(3) Except as provided in subsection (5) of this section, as part of a school district’s effort to provide a safe and supportive learning environment for students, a school shall notify a student’s parents if:
(a) The school changes the health services or mental health services related to human sexuality, contraception, or family planning that it provides, and shall obtain parental consent prior to providing health services or mental health services to the student; or
(b) School personnel make a referral:
1. For the student to receive a school’s health services or mental health services; or
2. To an external health care provider, for which parental consent shall be obtained prior to the referral being made.
(4) School districts and district personnel shall respect the rights of parents to make decisions regarding the upbringing and control of the student through procedures encouraging students to discuss mental or physical health or life issues with their parents or through facilitating the discussion with their parents.
(5) (a) The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend that a local school district keep any student information confidential from a student’s parents. A district or school shall not adopt policies or procedures with the intent of keeping any student
information confidential from parents.
(b) The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend policies or procedures for the use of pronouns that do not conform to a student’s biological sex as indicated on the student’s original, unedited birth certificate issued at the time of birth pursuant to KRS
156.070(2)(g)2.
(c) A local school district shall not require school personnel or students to use pronouns for students that do not conform to that particular student’s biological sex as referenced in paragraph (b) of this subsection.
(d) Nothing in this subsection shall prohibit a school district or district personnel from withholding information from a parent if a reasonably prudent person would believe, based on previous conduct and history, that the disclosure would result in the child becoming a dependent child or an abused or neglected child as defined in KRS § 600.020. The fact that district personnel withhold information from a parent under this subsection shall not in itself constitute evidence of failure to report dependency, neglect, or abuse to the Cabinet for Health and Family Services under KRS § 620.030.
(6) Prior to a well-being questionnaire or assessment, or a health screening form being given to a child for research purposes, a school district shall provide the student’s parent with access to review the material and shall obtain parental consent. Parental consent shall not be a general consent to these assessments or forms but shall be required for each assessment or form. A parent’s refusal to consent shall not be an indicator of having a belief regarding the topic of the assessment or form.
(7) Nothing in this section shall:
(a) Prohibit a school district or the district’s personnel from seeking or providing emergency medical or mental health services for a student as outlined in the district’s policies; or
(b) Remove the duty to report pursuant to KRS § 620.030 if district personnel has reasonable cause to believe the child is a dependent child or an abused or neglected child due to the risk of physical or emotional injury identified in KRS § 600.020(1)(a)2. or as otherwise provided in that statute.
Effective: March 29, 2023
History: Created 2023 Ky. Acts ch. 132, sec. 1, effective March 29, 2023.
(a) “External health care provider” means a provider of health or mental health services that is not employed by or contracted with the school district to provide services to the district’s students;
Terms Used In Kentucky Statutes 158.191
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) “Health services” has the same meaning as in KRS § 156.502;
(c) “Mental health services” means services provided by a school-based mental health services provider as defined in KRS § 158.4416 but shall not include academic or career counseling; and
(d) “Parent” means a person who has legal custody or control of the student such as a mother, father, or guardian.
(2) Upon a student’s enrollment and at the beginning of each school year, the district shall provide a notification to the student’s parents listing each of the health services and mental health services related to human sexuality, contraception, or family planning available at the student’s school and of the parents’ right to withhold consent or decline any of those specific services. A parent’s consent to a health service or mental health service under this subsection shall not waive the parent’s right to access the student’s educational or health records held by the district or the notifications required under subsection (3) of this section.
(3) Except as provided in subsection (5) of this section, as part of a school district’s effort to provide a safe and supportive learning environment for students, a school shall notify a student’s parents if:
(a) The school changes the health services or mental health services related to human sexuality, contraception, or family planning that it provides, and shall obtain parental consent prior to providing health services or mental health services to the student; or
(b) School personnel make a referral:
1. For the student to receive a school’s health services or mental health services; or
2. To an external health care provider, for which parental consent shall be obtained prior to the referral being made.
(4) School districts and district personnel shall respect the rights of parents to make decisions regarding the upbringing and control of the student through procedures encouraging students to discuss mental or physical health or life issues with their parents or through facilitating the discussion with their parents.
(5) (a) The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend that a local school district keep any student information confidential from a student’s parents. A district or school shall not adopt policies or procedures with the intent of keeping any student
information confidential from parents.
(b) The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend policies or procedures for the use of pronouns that do not conform to a student’s biological sex as indicated on the student’s original, unedited birth certificate issued at the time of birth pursuant to KRS
156.070(2)(g)2.
(c) A local school district shall not require school personnel or students to use pronouns for students that do not conform to that particular student’s biological sex as referenced in paragraph (b) of this subsection.
(d) Nothing in this subsection shall prohibit a school district or district personnel from withholding information from a parent if a reasonably prudent person would believe, based on previous conduct and history, that the disclosure would result in the child becoming a dependent child or an abused or neglected child as defined in KRS § 600.020. The fact that district personnel withhold information from a parent under this subsection shall not in itself constitute evidence of failure to report dependency, neglect, or abuse to the Cabinet for Health and Family Services under KRS § 620.030.
(6) Prior to a well-being questionnaire or assessment, or a health screening form being given to a child for research purposes, a school district shall provide the student’s parent with access to review the material and shall obtain parental consent. Parental consent shall not be a general consent to these assessments or forms but shall be required for each assessment or form. A parent’s refusal to consent shall not be an indicator of having a belief regarding the topic of the assessment or form.
(7) Nothing in this section shall:
(a) Prohibit a school district or the district’s personnel from seeking or providing emergency medical or mental health services for a student as outlined in the district’s policies; or
(b) Remove the duty to report pursuant to KRS § 620.030 if district personnel has reasonable cause to believe the child is a dependent child or an abused or neglected child due to the risk of physical or emotional injury identified in KRS § 600.020(1)(a)2. or as otherwise provided in that statute.
Effective: March 29, 2023
History: Created 2023 Ky. Acts ch. 132, sec. 1, effective March 29, 2023.