Summary of Original Version

Create a new section of KRS Chapter 158 to establish definitions; require specific parental notifications from public schools; require school districts to adopt specific procedures related to parental rights; limit authority of the Kentucky Board of Education and Kentucky Department of Education in relation to parental rights and a student's use of pronouns; prohibit district or school policies with the intent of keeping student information confidential for parents; prohibit a school district from requiring school personnel or pupils to use pronouns for students that do not conform to that student's biological sex; provide school districts and district personnel authority to seek emergency medical services for a student; provide conditions for student confidentiality; amend KRS 158.1415 to establish requirements for any public school's course, curriculum, or program on the subject of human sexuality.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions; exclude academic and career counseling from "mental health services;", provide that notification relating to services be focused on human sexuality, contraception, or family planning; include requirement that specific questionnaires or screening forms given to a child receive parental consent and review and forbid general consent; allow district personnel to seek or provide emergency medical or mental health services pursuant to district policy; and specify that nothing in Section 1 shall remove the duty to report a dependent child or abused or neglected child due to risk of physical or emotional injury.

Summary of Amendment: Senate Floor Amendment 1 -- R. Thomas

Summary Provide the right for a student to change teachers when the teacher violates the student's or the student's parents' sincerely-held principles.

Summary of Amendment: Senate Floor Amendment 2 -- R. Thomas

Summary Prohibit a school policy from forcing a teacher to violate his or her principles.

Summary of Amendment: Senate Floor Amendment 3 -- K. Berg

Summary Provide that a parent has the right to require school personnel to address his or her child by a specific name or pronoun.

Summary of Amendment: Senate Floor Amendment 4 -- K. Berg

Summary Delete the requirement that a student's birth certificate be the original, unedited birth certificate.

Summary of Amendment: Senate Floor Amendment 5 -- K. Berg

Summary Provide that if a parent or guardian refuses a district mental health service and the child poses a threat the themselves or someone else, then district personnel shall report the child as dependent, neglected, or abused under KRS 620.030.

Summary of Amendment: Senate Floor Amendment 6 -- K. Berg

Summary Provide that a parent or guardian has the right to require school personnel to address his or her child by a specific name or pronoun.

Summary of Amendment: Senate Floor Amendment 7 -- K. Berg

Summary Delete provision forbidding local school district from requiring the use of pronouns that do not conform and replace with a provision requiring school personnel use names and pronouns requested by a parent or guardian.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions; specify parental notifications and prior parental consent for changes to, or provision of health or mental health services, related to human sexuality, contraception, or family planning; require parental notification and parental consent for any referral to an external health care provider; require school councils or principals to adopt policies ensuring that children in grade five and below do not receive any instruction on human sexuality or sexually transmitted diseases or that any child does not receive instruction or presentation that has a goal or purpose of students studying or exploring gender identity, gender expression, or sexual orientation; require school councils to adopt policies to notify parents in advance and obtain parental consent for any instruction in grade six or above on human sexuality or sexually transmitted diseases; create a new section of KRS Chapter 158 to establish definitions, make findings related to the privacy rights of students, and require a local board of education to adopt policies to protect those privacy rights that include restrictions for the use of restrooms, locker rooms, or shower rooms that are reserved for students of a different biological sex; create a new section of KRS Chapter 311 to define "minor" and "sex"; prohibit a health care provider from providing services to a minor for the purpose of attempting to alter the appearance or perception of the minor's sex with certain exceptions; require a licensing or certifying agency to revoke a health care provider's licensure or certification for finding of violation; permit civil action for injury suffered as a result of a violation by the age of 30 years or within 3 years of discovering that damages were caused by the violation; permit treatment of a minor to taper off treatments; EMERGENCY.

Summary of Amendment: House Committee Amendment 1 -- S. Riley

Summary Make title amendment.

Summary of Amendment: House Floor Amendment 1 -- T. Bojanowski

Summary Delete provision forbidding local school district from requiring the use of pronouns that do not conform and replace with a provision requiring school personnel use names and pronouns requested by a parent or guardian.

Summary of Amendment: House Floor Amendment 2 -- D. Grossberg

Summary Require the Kentucky Department of Education to develop protocols for the student information system to track the number of students for whom public schools have received a request to use pronouns that do not conform to the student's biological sex and the number of those students the public school is aware that have attempted or committed suicide; require the department to compile data into an annual, statewide report; grant parents of children in public schools the right to obtain a copy of the report upon request.

Summary of Amendment: House Floor Amendment 3 -- J. Calloway

Summary Retain some provisions of original bill; create new sections of KRS Chapter 158 to define terms; make legislative findings and declarations on the rights of parents as they relate to public schools and establish a standard to protect those rights; require public schools to establish a process to receive complaints of violations and to review appeals; establish specific parental rights as related to public schools; require public schools to adopt policies to protect those rights; establish limitations of applicability; require the Kentucky Department of Education to eliminate regulations in violation and develop recommended policies to public schools for compliance; make findings and declarations relating to controversial subject matter in common schools; establish a parental right of not having a child indoctrinated into any political position or being involved in advocacy in a controversial subject matter; establish limitations on school personnel related to instruction and discussion on sexual orientation, sexual preference, or gender expression, advocacy in the scope of employment, and actions based on the immutable characteristics of students; prohibit compelling school personnel to advocate for or against anything in opposition to sincerely held beliefs and convictions; require public schools to adopt enforcement policies; establish limitations; forbid student access to material, events, or programs that are obscene, harmful to minors, or contain obscene imagery representing minors; establish a parental right to expect that a child not be exposed to or given access to material, events, or programs that are not educationally suitable; require that public schools adopt policies to protect that right, including a complaint review and appeals process; allow a parent to require a school to limit their child's access to material, programs, or events that the parent believes are not educationally suitable; amend KRS 158.148 to establish a parental right to expect a child will not be bullied at school and require public schools to adopt policies to ensure notification and support of bullying victims, require an order of reporting to staff, and require specific time requirements for investigations; provide for an appeal and review of incidents; require identification of actions to prevent future acts of bullying or retaliation; require procedures for supporting victims; establish a parental right for their child to not be discriminated upon the basis of parental choice of school type in participation in a public school's extracurricular activities; establish conditions on that child's participation in public school extracurriculars; establish a short title of the Parents Have the Say in Education Act.

Summary of Amendment: House Floor Amendment 4 -- D. Grossberg

Summary Require the Kentucky Department of Education to develop protocols for the student information system to track the number of students for whom public schools have received a request to use pronouns that do not conform to the student's biological sex and the number of those students the public school is aware of who have attempted or committed suicide; require the department to compile data into an annual, statewide report; grant parents of children in public schools the right to obtain a copy of the report upon request.

Statutes affected:
Introduced: 158.1415
Acts Chapter 132: 158.1415
Senate Committee Substitute 1: 158.1415
House Committee Substitute 1: 158.1415
Current/Final: 158.1415
Current: 158.1415