Summary of Original Version

Amend KRS 160.145, relating to unauthorized electronic communicating in schools, to expand existing definitions and define "private electronic communication," "qualified school volunteer," and "commercial, nonprofit, or local government affiliation"; limit the scope of unauthorized electronic communication to private electronic communication, and exclude designated types of communication from the scope of the requirement to obtain written parental consent prior to communicating outside of the traceable communication system; include designated Kentucky Department of Education and educational cooperative employees assigned to a school district to the scope of the requirement to obtain written consent; limit the scope of school volunteers subject to this section to qualified school volunteers; specify that the requirement to obtain written parental consent only applies to students enrolled within the same school district as the school district employee or qualified school volunteer; allow a local school district more flexibility in disciplinary actions arising from a violation of this section; allow a written parental consent form to designate more than 1 school district employee or qualified school volunteer; provide that the written consent may be revoked by the parent who filed the consent; require notice of the revocation to be sent to the identified school district employee or qualified school volunteer; prohibit a school or school district from refusing to accept parental consent forms; prohibit requiring parental consent forms under this section as a requirement for a student to participate in an academic, athletic, or extracurricular opportunity; provide an emergency exception to allow a school district employee or qualified school volunteer to communicate electronically without prior written parental consent if the individual discloses the communication after the fact; provide exceptions to allow a school district employee or qualified school volunteer to communicate electronically without prior written parental consent during and in direct relation to a fieldtrip or work-based learning opportunity; provide exceptions to permit a school district employee or qualified school volunteer to communicate electronically without prior written parental consent if the communication is directly related to a commercial, nonprofit, or local government affiliation that has been previously disclosed; permit school district employees to notify a school district of a commercial, nonprofit, or local government affiliation; require reasonable belief to trigger a duty to report unauthorized electronic communication; require parental notification for all material phases of an investigation of or disciplinary actions arising from unauthorized electronic communication with students; permit a school district to reconsider allowing previously prohibited volunteers; EMERGENCY.

Statutes affected:
Introduced: 160.145