Kentucky’s Bullying Statutes
 KRS 158.154
 KRS 158.155
 KRS 158.156
KRS 158.154
 When the principal has a reasonable belief that an act has
occurred on school property or at a school-sponsored
function involving assault resulting in serious physical
injury, a sexual offense, kidnapping, assault involving the
use of a weapon, possession of a controlled substance in
violation of the law, or damage to the property, the
principal shall immediately report the act to the
appropriate local law enforcement agency.
 “School property” means any public school building, bus,
public school campus, grounds, recreational area, or
athletic field, in the charge of the principal.
KRS 158.155
 KRS 158.155 – Reporting of specified incidents of
student conduct
An administrator, teacher, or other employee of a public or
private school shall promptly make a report to the local
police department, sheriff, or the Department of
Kentucky State Police, by telephone or otherwise, if:
KRS 158.155 continued
 The person knows or has reasonable cause to believe that
conduct has occurred on the school premises or within one
thousand (1,000) feet of school premises, on a school bus,
or at a school-sponsored or sanctioned event, which
constitutes:
 A misdemeanor or violation offense under the laws of
this Commonwealth and relates to:


Carrying, possession, or use of a deadly weapon; or
Use, possession, or sale of controlled substances; or
 Any felony offense under the laws of this
Commonwealth
KRS 158.155 continued
 Administrators, teachers, supervisors, or other
employees of a public/private school who receive
information from a student or other person of
conduct that a student has been adjudicated guilty
or expelled from school attendance in this state or
another for homicide, assault, or an offense in
violation of state law or school regulations relating
to weapons, alcohol, or drugs shall provide to the
receiving school a sworn statement or affirmation
 Neither
the husband-wife
privilege nor any
KRS
158.155
continued
professional-client privilege shall be a ground for
refusing to make a report as required under this
statute or for excluding evidence in a judicial
proceeding of the making of a report and of the
conduct giving rise to the making of a report.
 However, the attorney-client privilege and clergypenitent privilege can be grounds for refusing to
make a report or for excluding evidence as to the
report and the underlying conduct
KRS 158.155 continued
 No requirement to self-incriminate
 Any person making a report under this statute in good
faith is immune from any civil or criminal liability that
might otherwise be incurred or imposed from making
the report and/or participating in any judicial
proceeding that resulted from the report
Kentucky’s Bullying Statutes
 KRS 158.156 – Reporting of commission of felony KRS
Chapter 508 offense against a student – Investigation –
Immunity from liability for reporting – Privileges no
bar to reporting.
KRS 158.156
Any school employee or local board of education
who knows or has reasonable cause to believe that
a school student has been the victim of a violation
of any, felony offense specified in KRS Chapter 508
committed by another student while on school
premises, on school-sponsored transportation, or
at a school-sponsored event shall immediately
cause an oral or written report to be made to the
principal of the school attended by the victim.
KRS 158.156
Principal Duties Following Report
 Notify the parents, legal guardians, or other persons
exercising custodial control or supervision of the
student
 File a written report with the local school board, local
law enforcement, the Department of State Police , or
the county attorney within forty-eight (48) hours of
the original report
KRS 158.156
Principal’s Duties cont’d
 Written report should contain the
following:





Names/addresses of the student and his/her
parents, legal guardians, or other persons exercising
custodial control or supervision
Student’s age
Nature and extent of the violation
Name/address of the student allegedly responsible
for the violation; and
Any other information that the principal making
the report believes may be helpful
KRS 158.156 continued

The agency receiving the report shall investigate the matter
referred to it and the school board and school personnel shall
participate in the investigation at the request of the agency

Immunity for those reporting in good faith from any civil or
criminal liability

Husband/Wife and professional/client privileges cannot be
grounds for refusal to report, excluding attorney/client and
religious privileges
How will the Bullying Statutes
affect our members?
 FAILURE TO REPORT COULD RESULT IN SOME
CIVIL AND/OR CRIMINAL LIABILITY FOR OUR
MEMBERS
 Every school employee now has a duty to report
instances of criminal conduct that they have first hand
knowledge of or have a reasonable belief that it
occurred.
 Our members cannot rely on the principal making
reports to the appropriate authorities to satisfy their
obligation to personally report
Summary
 If a member knows about or has a reasonable
belief that criminal conduct has occurred on
school grounds and/or against a student, the
school employee must report to:



The local police department, sheriff, the State Police, and/or
the county attorney
The school principal, and
The Cabinet for Families and Children (KRS 620.030 – Duty to
report dependency, neglect, or abuse)
If a school employee is unsure
about a particular incident, it is
better to err on the side of
caution and report
appropriately.