Kentucky 2023 Regular Session Status: Passed Senate

SB 202 — AN ACT relating to discipline of students.

Last action — to Education (H)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 158.150 to provide a local school board the option to place a student in an alternative program or setting in lieu of expulsion; provide that students placed in an alternative program or setting shall be counted in attendance and membership for school funding purposes; require an annual review of the student's alternative placement; require a local school board to to review an expulsion 30 days prior to end date to determine if an expulsion shall end or continue.

Bill Text

What changed in the latest version

27 added · 27 removed

27 line(s) added, 27 removed.

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UNOFFICIAL COPY 23 RS BR 1545 AN ACT relating to discipline of students.
UNOFFICIAL COPY 23 RS SB 202/GA AN ACT relating to discipline of students.
(b) The board shall also adopt a policy requiring disciplinary actions, up to and including expulsion from school, for a student who is determined by the board to have possessed prescription drugs or controlled substances for the purpose Page 1 of 6 XXXX 2/17/2023 11:53 AM Jacketed UNOFFICIAL COPY 23 RS BR 1545 of sale or distribution at a school under the board's jurisdiction, or to have physically assaulted or battered or abused educational personnel or other students at a school or school function under the board's jurisdiction.
(b) The board shall also adopt a policy requiring disciplinary actions, up to and including expulsion from school, for a student who is determined by the board to have possessed prescription drugs or controlled substances for the purpose Page 1 of 6 SB020210.100 - 1545 - XXXX 3/8/2023 4:19 PM GA UNOFFICIAL COPY 23 RS SB 202/GA of sale or distribution at a school under the board's jurisdiction, or to have physically assaulted or battered or abused educational personnel or other students at a school or school function under the board's jurisdiction.
(3) (a) The board may modify the expulsion requirement and length for students on a case-by-case basis, except as described in paragraph (a) of subsection (2) of this section.
(3) (a) The board may modify the expulsion requirement and length for students on a case-by-case basis, except as described in subsection (2)(a) of this section.
In lieu of expelling a student, or upon the expiration of a student's expulsion, a board may place a student into an alternative program or setting, if the board determines placement of the student in his or her regular school setting is likely to substantially disrupt the education process or constitutes a threat to the safety of other students or school staff.
In lieu of expelling a student, or upon the expiration of a student's expulsion, the superintendent may place a student into an alternative program or setting, if the superintendent determines placement of the student in his or her regular school setting is likely to substantially disrupt the education process or constitutes a threat to the safety of other students or school staff.
The action shall not be taken until the parent, guardian, or other Page 2 of 6 XXXX 2/17/2023 11:53 AM Jacketed UNOFFICIAL COPY 23 RS BR 1545 person having legal custody or control of the student has had an opportunity to have a hearing before the board.
The action shall not be taken until the Page 2 of 6 SB020210.100 - 1545 - XXXX 3/8/2023 4:19 PM GA UNOFFICIAL COPY 23 RS SB 202/GA parent, guardian, or other person having legal custody or control of the student has had an opportunity to have a hearing before the board.
Following the initial alternative placement of a student under this paragraph, the board shall review the alternative program or setting placement at least once per year and determine if the placement should be continued in accordance with subparagraph 1.
Following the initial alternative placement of a student under this paragraph, the superintendent shall review the alternative program or setting placement at least once per year and determine if the placement should be continued in accordance with subparagraph 1.
A school board may adopt a policy providing that, if a student is suspended or expelled for any reason or faces charges that may lead to suspension or expulsion but withdraws prior to a hearing from any public or private school in this or any other state, the receiving district may review the details of the charges, suspension, or expulsion and determine if the student will be admitted, and if so, what conditions may be imposed upon the admission, which may include placement of the student into an alternative program or setting as described in paragraph (c) of subsection (3) of this section.
A school board may adopt a policy providing that, if a student is suspended or expelled for any reason or faces charges that may lead to suspension or expulsion but withdraws prior to a hearing from any public or private school in this or any other state, the receiving district may review the details of the charges, suspension, or expulsion and determine if the student will be admitted, and if so, what conditions may be imposed upon the admission, which may include placement of the student into an alternative program or setting as described in subsection (3)(c) of this section.
Page 3 of 6 XXXX 2/17/2023 11:53 AM Jacketed UNOFFICIAL COPY 23 RS BR 1545 (5)[(4)] School administrators, teachers, or other school personnel may immediately remove or cause to be removed threatening or violent students from a classroom setting or from the district transportation system pending any further disciplinary action that may occur.
Page 3 of 6 SB020210.100 - 1545 - XXXX 3/8/2023 4:19 PM GA UNOFFICIAL COPY 23 RS SB 202/GA (5)[(4)] School administrators, teachers, or other school personnel may immediately remove or cause to be removed threatening or violent students from a classroom setting or from the district transportation system pending any further disciplinary action that may occur.
The board of education of any school district may expel or extend the expulsion of any student[pupil] for misconduct as defined in subsection (1) of this section, but the action shall not be taken until the parent, guardian, or other person having legal custody or control of the student[pupil] has had an opportunity to have a hearing before the Page 4 of 6 XXXX 2/17/2023 11:53 AM Jacketed UNOFFICIAL COPY 23 RS BR 1545 board.
The board of education of any school district may expel or extend the expulsion of any student[pupil] for misconduct as defined in subsection (1) of this section, but the action shall not be taken until the parent, guardian, or other person having legal custody or control of the student[pupil] has had an opportunity to have a hearing before the Page 4 of 6 SB020210.100 - 1545 - XXXX 3/8/2023 4:19 PM GA UNOFFICIAL COPY 23 RS SB 202/GA board.
(c) If the admissions and release committee determines that an exceptional child's behavior is related to his or her disability, the child shall not be suspended Page 5 of 6 XXXX 2/17/2023 11:53 AM Jacketed UNOFFICIAL COPY 23 RS BR 1545 any further or expelled unless the current placement could result in injury to the child, other children, or the educational personnel, in which case an appropriate alternative placement shall be provided that will provide for the child's educational needs and will provide a safe learning and teaching environment for all.
(c) If the admissions and release committee determines that an exceptional child's behavior is related to his or her disability, the child shall not be suspended Page 5 of 6 SB020210.100 - 1545 - XXXX 3/8/2023 4:19 PM GA UNOFFICIAL COPY 23 RS SB 202/GA any further or expelled unless the current placement could result in injury to the child, other children, or the educational personnel, in which case an appropriate alternative placement shall be provided that will provide for the child's educational needs and will provide a safe learning and teaching environment for all.
Page 6 of 6 XXXX 2/17/2023 11:53 AM Jacketed
Page 6 of 6 SB020210.100 - 1545 - XXXX 3/8/2023 4:19 PM GA
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Action History

  1. to Education (H)

  2. to Committee on Committees (H)

  3. received in House

  4. 3rd reading, passed 36 -0 with Committee Substitute (1)

  5. posted for passage in the Regular Orders of the Day for Wednesday, March 08, 2023

  6. 2nd reading, to Rules

  7. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  8. to Education (S)

  9. to Committee on Committees (S)

  10. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS SB 202 W/ scs1

Passed 36 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 21000
Unaffiliated 14000
Democrat 1001
Total 36001
% of votes cast 97%0%0%3%
How each member voted (37)
Member Party Vote
Turner — Yea
Schickel — Yea
Smith — Yea
ChambersArmstrong — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Williams — Yea
Thayer — Yea
Wilson — Yea
Thomas — Yea
Nemes — Yea
Yates — Yea
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Not Voting
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 202 do?
Amend KRS 158.150 to provide a local school board the option to place a student in an alternative program or setting in lieu of expulsion; provide that students placed in an alternative program or setting shall be counted in attendance and membership for school funding purposes; require an annual review of the student's alternative placement; require a local school board to to review an expulsion 30 days prior to end date to determine if an expulsion shall end or continue.
What is the current status of SB 202?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 202?
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