Kentucky SB 101: AN ACT relating to the administration of immunizations by pharmacists. Amend KRS 315.010 to permit a pharmacist to administer any immunization to children ages 9 to 17 years; amend KRS 315.205 to conform.

Bill Text

CHAPTER 50
Legislative Research Commission PDF Version

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CHAPTER 50
( SB 101 )
AN ACT relating to children.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 158.150 is amended to read as follows:
(1) All students admitted to the common schools shall comply with the lawful regulations for the government of
the schools:
(a) Willful disobedience or defiance of the authority of the teachers or administrators, use of profanity or
vulgarity, assault or battery or abuse of other students, the threat of force or violence, the use or
possession of alcohol or drugs, stealing or destruction or defacing of school property or personal
property of students, the carrying or use of weapons or dangerous instruments, or other incorrigible bad
conduct on school property, as well as off school property at school-sponsored activities, constitutes
cause for suspension or expulsion from school; and
(b) Assault or battery or abuse of school personnel; stealing or willfully or wantonly defacing, destroying,
or damaging the personal property of school personnel on school property, off school property, or at
school-sponsored activities constitutes cause for suspension or expulsion from school.
(2) (a) Each local board of education shall adopt a policy requiring the expulsion from school for a period of at
least twelve (12) months for a student who:
1. Is determined by the board through clear and convincing evidence to have made threats that pose
a danger to the well-being of students, faculty, or staff of the district;[ or]
2. Is determined by the board to have brought a weapon to a school under its jurisdiction. In
determining whether a student has brought a weapon to school, a local board of education shall:[
]
a. Use the definition of "unlawful possession of a weapon on school property"
described[stated] in KRS 527.070; and
b. Include bus stops; or
3. Is in grade six (6) to twelve (12) and is determined by the board to have recklessly, with a
deadly weapon or dangerous instrument, or intentionally caused or attempted to cause
physical injury to a school district employee on school property or at a school function under
the board's jurisdiction. In considering the actions of a student under this subparagraph, a
local board of education shall use the definitions of "dangerous instrument," "deadly
weapon," and "physical injury" in KRS 500.080, and "intentionally" and "recklessly" in
KRS 501.020.
(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:
1. Possessed prescription drugs or controlled substances for the purpose of sale or distribution at a
school under the board's jurisdiction;
2. Physically assaulted, [or ]battered, or abused another student on school property, at a bus stop,
or at a school function[educational personnel or other students at a school or school function]
under the board's jurisdiction; or
3. Physically assaulted, battered, or abused school[educational] personnel or other students off
school property and the incident is likely to substantially disrupt the educational process.
(c) As used in this subsection:
1. "Bus stop" means a location where students wait for, board, or disembark a school bus of the
school district while those actions are occurring; and

ACTS OF THE GENERAL ASSEMBLY 2
2. "School personnel" shall not include a student who is employed by a school or enrolled in any
school-based apprenticeship program.
(3) (a) The board may modify the expulsion requirement and length for students on a case-by-case basis,
except the length of expulsion shall be at least twelve (12) months for a violation set forth in subsection
(2)(a) of this section.
(b) [Nothing in ]This section shall not prohibit a board from expelling a student for longer than twelve (12)
months.
(c) 1. A board that has expelled a student from the student's regular school setting shall provide or
ensure that educational services are provided to the student in an appropriate alternative program
or setting, unless the board has made a determination, on the record, supported by clear and
convincing evidence, that the expelled student posed a threat to the safety of other students or
school staff and could not be placed into an[a] appropriate alternative program or setting[state-
funded agency program]. Behavior which constitutes a threat shall include but not be limited to
the physical assault, battery, or abuse of others; the threat of physical force; being under the
influence of drugs or alcohol; the use, possession, sale, or transfer of drugs or alcohol; the
carrying, possessing, or transfer of weapons or dangerous instruments; and any other behavior
which may endanger the safety of others. Other intervention services as indicated for each
student may be provided by the board or by agreement with the appropriate state or community
agency. The board may refer the student for evaluation or t