Last Reviewed by State Dept of Education: 1/1/2013
Contact us with corrections or additions Kentucky Last Updated: 6/2/2014
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Curriculum and Instruction
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Health Education
     Last Updated: 5/19/2013

Mandate: Kentucky schools must follow the Kentucky Core Academic Standards for Kentucky Schools Grades P-12 (2010), which outlines minimum state education requirements and provides curriculum guidelines. The standards require health education for students in primary, intermediate, and middle school, although the amount of instruction is not specified. In addition, high school students must complete a unit of health and a unit of physical education to graduate. 

Curriculum Content:The Kentucky Board of Education's Learning Goals and Academic Expectations detail the state's standards for health, which are imbedded within the “Practical Living” content area.

KRS 158.301 (2006) encourages each public school to provide age-appropriate education to all students on the risks associated with exposure to ultraviolet rays from natural sunlight and artificial sources.  The education should be included in the existing health curriculum. [DW: 156.160(1) (a) does not explicitly relate to health curriculum] The curriculum should include the facts, statistics, causes and impact of skin cancer and strategies and behaviors to reduce individual risk for skin cancer.

Assessment Requirement: No state requirement.

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Physical Education
     Last Updated: 5/19/2013

MandateKentucky schools must follow the Kentucky Core Academic Standards for Kentucky Schools Grades P-12 (2010), which outlines minimum state education requirements and provides curriculum guidelines. The standards require physical education for students in primary, intermediate, and middle school, although the amount of instruction is not specified. In addition, high school students must complete a unit of both health and physical education in order to graduate.

Curriculum Content: The Kentucky Board of Education's Learning Goals and Academic Expectations detail the state's standards for health and physical education, which are imbedded within the Practical Living content area.

State Assessment Requirement:No state policy.

Asthma Awareness Education
     Last Updated: 1/16/2006
Not specifically required.
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Emotional, Social, and Mental Health Education
     Last Updated: 5/19/2013

The Kentucky Core Academic Standards (2010) require that mental wellness and individual well-being be taught in grades K-12 as part of the general health curriculum. Primary students are required to be taught about the various types of emotions and how to express them appropriately. Students in grades 4 and 6-7 are required to learn how to recognize the physical, emotional, and social changes associated with growth and development. Students in grades 4-6 & 8-12 must be taught about stress and stress management skills. Students in grades 6-8 must be taught social coping skills, including how to handle peer pressure. Students in grades 7-12 must be taught the symptoms and nature of mental illness. Students in grades 7 & 9-12 must be taught the causes and effects of emotional disorders. Students in grade 8 must be taught about health habits and behaviors that affect emotional wellness.

Expectation 2.32 of
Kentucky's Learning Goals & Academic Expectations (2004) also requires students in grades K-12 to learn strategies for remaining mentally and emotionally healthy. Sample activities and demonstrators are specified in the goals.

Character Education: KRS 156.095
requires that professional development programs shall be made available to teachers to improve instruction in the public schools, and shall include instruction in incorporating character education throughout the curriculum.

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HIV, STD, and Pregnancy Prevention Education
     Last Updated: 5/19/2013

Mandate: The Kentucky Core Academic Standards (2010) require instruction for students in grades 6-8 and in high school that focuses on abstinence as the only sure means of avoiding pregnancy and sexually transmitted diseases.

Curriculum Content: No state policy.

Parental Approval: No state policy.

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Nutrition Education
     Last Updated: 5/19/2013

The Kentucky Core Academic Standards (2010) require instruction for students in grades K-8 and high school that focuses on nutrition. Instruction should include identifying the basic food groups, selecting healthy snacks, forming proper eating habits and choosing appropriate servings, and understanding the impact of exercise and nutrition on appearance, performance, and disposition.

KRS 158.856 (2005) requires each local district to annually assess nutrition and physical activity in the district and provide recommendations on how the school nutrition and physical activity environments may be improved. Each district must submit its summary findings and recommendations to the Kentucky Board of Education.

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Alcohol, Tobacco, and Drug Use Education
     Last Updated: 5/19/2013

Alcohol: The Kentucky Core Academic Standards (2010) require instruction for students in grades 6-8 that focuses on the consequences and risks of drinking. Students are required to research substance abuse in high school.

Tobacco: The Kentucky Core Academic Standards (2010) require instruction for students in grades 6-8 that focuses on theconsequences and risks of tobacco use. Students are required to research tobacco abuse in high school.

Drugs: The Kentucky Core Academic Standards (2010) require instruction for students in grades 4-8, which focuses on identifying drugs, the consequences and risks of drug use, and finding resources and treatment for drug addiction. Students are required to research substance abuse in high school.

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Injury and Violence Prevention Education
     Last Updated: 5/19/2013

The Kentucky Core Academic Standards (2010) require students in grades 8-12 to learn strategies for preventing violence.

Bullying/Harassment: Not specifically required.

Fighting/Gangs: The Kentucky Core Academic Standards (2010) require that studentsin grades K-12 be taught conflict and anger resolution strategies. Students in high school are required to be taught the different definitions of abuseand strategies for prevention.

Suicide and Other Self-Abuse Prevention: The Kentucky Core Academic Standards (2010) require students, in grades 6-8 to be taught to identify the causes, effects, and prevention ofeating disorders. Students in grades 7 & 9-12 are also required to learn the causes and effects of emotional disorders. HB51 (2010) requires every public middle and high school administrator to disseminate suicide prevention awareness materials to all middle and high school students. The materials may be obtained from the Cabinet for Health and Family Services or a commercially developed suicide prevention training program.

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Staff
Requirements for All Educators Regarding Health Education
     Last Updated: 5/19/2013

Professional Development: KRS 158.445 (2000) requires each local school to assess at-risk students, school safety, and school discipline.

SB65 (2010) requires all high school and middle school principals, guidance counselors and teachers to complete a minimum of two hours of self-study review of suicide prevention materials each school year. It also provides that if a local board offers suicide prevention training, it may be completed through self-study review of suicide prevention materials.

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Requirements for Health Educators
     Last Updated: 5/19/2013

Pre-service requirement: The minimum requirement for prospective health teachers in elementary, middle, and high school grades, prior to licensure is a bachelor's degree, successful completion of the applicable assessment, and a recommendation from an approved preparation program, with no additional coursework requirements in health. The specific details regarding initial receipt of a teaching certificate are outlined in 16 KAR 2:010 (2003).

Professional Development: None specified.
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Requirements for Physical Educators
     Last Updated: 5/19/2013

Pre-service Requirement: The minimum requirement for prospective physical education teachers in elementary, middle, and high school grades prior to licensure is a bachelor's degree, successful completion of the applicable assessment and a recommendation from an approved preparation program, with no additional coursework in physical education. The specific details regarding initial receipt of a teaching certificate are outlined in 16 KAR 2:010 (2003).

Professional Development: None specified.

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Requirements for School Nurses
     Last Updated: 5/19/2013

Pre-service Requirement: 201 KAR 20:070 (2003) prescribes the process to obtain licensure, by examination, as a registered nurse.  Pursuant toKRS 314.041 (2000), an applicant for a license to practice as a registered nurse must complete and graduate from an approved school of nursing and satisfyKRS 214.615 (2002), which requires all applicants to complete an educational course on the transmission, control, treatment, and prevention of HIV and AIDS.

16 KAR 2:060 (2002)requiresthe completion of 15 semester hours of coursework to obtain a provisional certificate for school nurse and to be working toward completion of a bachelor's degree.

Professional Development: 201 KAR 20:215 (2005) requires 14 approved contact hours of continuing education to validate continuing competency for annual renewal of licensure for nurses.

Student-to-Nurse Ratio: None specified.
Requirements for Non-Certified Personnel to Administer Medication
     Last Updated: 10/13/2013

Pre-service Requirement: KRS 156.502 (2002) allows a physician, advanced practice registered nurse, or registered nurse to delegate health care services within that health care professional’s current scope of practice. A school employee who is delegated to perform the health service must be trained and receive written approval by the delegating health professional.  Employees who have been properly delegated and trained will be granted liability protection. Delegation is only valid for the current school year. KRS 156.501 requires the Department of Education to establish standardized protocols and guidelines for training designated, non-licensed (nonmedical) school personnel. 702 KAR 1:160 Section 4 (g) requires unlicensed school personnel, who have accepted the delegation to administer medications, to show proof of successful completion of the KDE Training course required by that regulation. This training is valid only for the current school year (KRS 156.502).

Professional Development: None specified.

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Requirements for School Counselors
     Last Updated: 5/19/2013

Pre-service Requirement: 16 KAR 3:060 (2002) requires a minimum of a provisional certificate for guidance counselors. A provisional certificate may be issued upon completion of an approved master’s level program in guidance counseling. A standard certificate requires additional credit hours and specified employment experience.

Professional Development
: Standard 5 of the Standards of Professional Development (2004) and KRS 158.070 (2010) require school counselors, who are considered professional staff, to undergo four days of professional development each year based on their individual professional growth plans. Under 16 KAR 3:060 (2002), a provisional certificate may be maintained through a minimum of nine semester hours of graduate credits every five years. A standard certificate is maintained through completion of Effective Instructional Leadership Act (EILA) hours.

Student-to-Counselor Ratio: None specified.

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Requirements for School Psychologists
     Last Updated: 5/22/2013

Pre-service Requirement: 16 KAR 2:090 (2003) requires a minimum of a provisional certificate for school psychologists. The provisional certificate requires the recommendation of the preparing institution, 48 semester hours of graduate credit toward the standard certificate for school psychologists from an approved program, and a score of 630 or higher on the NTE Specialty Area Examination in school psychology.

Professional Development: Standard 5 of the Standards of Professional Development (2004) and KRS 158.070 (2004) require school psychologists, who are considered professional staff, to undergo four days of professional development each year based on individual professional growth plans. 16 KAR 2:090 (2003) requires 3 years of experience as a school psychologist during each five-year certification period and 72 hours of continuing professional development activities for renewal of a standard certificate or 6 semester hours of graduate training related to school psychology.

Student-to-Psychologist Ratio: None specified.

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Requirements for School Social Workers
     Last Updated: 5/22/2013

Pre-service Requirement: 16 KAR 2:070 (2003) requires a minimum of a master's of social work with either a cumulative GPA of 2.50 on a 4.00 scale or a minimum GPA of 3.00 on a 4.00 scale on the last 60 hours of undergraduate and graduate coursework completed. Accreditation by the Council on Social Work Education and completion of an approved program of preparation for school social worker are also required.

Professional Development: Standard 5 of the Standards of Professional Development (2004) and KRS 158.070 (2004) require school social workers, who are considered professional staff, to undergo four days of professional development each year based on individual professional growth plans.

Student-to-Social Worker Ratio: None specified.

Requirements for Food Service Personnel
     Last Updated: 5/22/2013

Pre-service Requirement: The minimum requirements for a person working in the school kitchen is completion of the beginning school food service personnel training course prescribed by the Kentucky Board of Education and the receipt of a school food service employee certificate issued by the chief state school officer. Details of the requirement are found in Kentucky Board of Education regulation 702 KAR 6:045 (1991). KRS 158.852 (2005) requires each school district to appoint a food service director who is responsible for the management and oversight of the food service program in the district. After June 20, 2005, a person appointed to serve as school food service director must obtain the school food service and nutrition specialist credential or the Level 2 certificate issued by the School Nutrition Association within 3 years. 

Professional Development: 702 KAR 6:045 requires all certificate holders to annuallycomplete 4 hours of in-service training for certification renewal. KRS 158.852 specifically requires school food service directors to complete 8 hours of continuing education to maintain the credential. Continuing education applies to both the credential and the certificate. School cafeteria managers shall annually receive at least two hours of continuing education in applied nutrition and healthy meal planning and preparation.

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Requirements for Athletic Coaches
     Last Updated: 5/22/2013

Pre-service Requirement:  KRS160.445 (2009) requires each high school coach to complete a sports safety course consisting of training on how to prevent common injuries. Each interscholastic coach must complete training on how to recognize the symptoms of a concussion and how to seek medical treatment for a person suspected of having a concussion.At least one person who has completed a sports safety course shall be at every interscholastic athletic practice and competition.

Professional Development: None specified.
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Health Promoting Environment
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Wellness Policies
     Last Updated: 5/22/2013

Additional accountability requirements: Revised Statute 158.856 (2005) requires each school food service director to annually assess school nutrition in the district and to issue a written report to local school board members, council members, and parents. The report shall include compliance with federal meals program requirements, an evaluation of the availability of contracted fast foods or foods sold through commercial vendors, a review of access to foods and beverages sold outside federal meals programs, such as through vending machines and school stores, a list of foods and beverage available to students with nutritional values for each item, and recommendations for improving the school nutritional environment. The district shall simultaneously complete and release an evaluation of the district’s physical activity environment.

Local school boards must discuss the findings of these reports and seek public comment. Local boards of education must annually hold an advertised public forum to present a plan to improve school nutrition and physical activities in the school district. Each school district shall compile and submit a summary of findings and recommendations to the Kentucky Board of Education.

Additional content requirements: KRS 160.345 (2005) requires the school council of a school containing grades K-5, or any combination thereof, to develop a wellness policy that must include moderate to vigorous physical activity each day and encourages healthy choices among students. The policy may permit physical activity to be considered part of the instructional day, not to exceed 30 minutes per day, or 150 minutes per week. LEAs must also adopt an assessment tool to determine each child's level of physical activity on an annual basis.

Guidance materials: The Kentucky Department of Education provides assessment instruments for physical activity and nutrition tailored to elementary, middle and high school. There are also performance descriptors and indicators for school nutrition programs based on Kentucky's standards.

The Department has also published guidance materials, including Alternatives to Using Food as Reward and a Guidance Memorandum on the Kentucky Board of Education's Guidelines for Competitive Food and Beverage Sales and on state mandated assessment and reporting on the school nutrition and physical activity environment.

Other: None

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School Meals Program
     Last Updated: 8/18/2013

Food Services: 702 KAR 6:050 (1991) requires all schools participating in the national school lunch and breakfast programs to serve a complete hot or cold breakfast and a complete hot or cold lunch of serving sizes that provide at least 1/3 to of the daily nutritive requirements of the school-age child being served. Lunch shall be made available to all children attending each school, and for those predetermined by school authorities to be unable to pay the full cost of the meal, meals shall be served without cost or at reduced cost. The same cost rule applies to schools serving breakfast.

KRS 158.854(4) (2005) restricts the sale of beverages in elementary schools to school-day-approved beverages that include water, 100% fruit juice, low-fat milk and any beverage that contains no more than 10 grams of sugar per serving. This limitation applies to vending machines, school stores, canteens, or fundraisers that sell beverages to students, teachers or groups.

702 KAR 6:090 (2006) restricts food and beverages sold during the time period beginning 30 minutes after the last lunch period to the end of the instructional period. Sections 1 and 2 provide detailed information on the nutritional requirements and characteristics of permitted beverages and food.


Adequate Time to Eat: Federal FNS Instruction 210.10 Section (2) encourages schools to provide sufficient lunch periods that are long enough to give all students enough time to be served and to eat their lunches.

School Breakfast: Statute 158.070 (2005) requires school districts to arrange bus schedules so that all buses arrive in sufficient time for schools to serve breakfast prior to the instructional day.

Food Allergies: Federal FNS Instruction 783-2, Revision 2, Meal Substitutions for Medical or other Special Dietary Reasons dictates that Food Service Programs that participate in the National School Lunch and School Breakfast Programs must accommodate children with disabilities and identify children that may be accommodated in the absence of a disability. 

Farm-to-School: No state policy.

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Competitive Foods in School
     Last Updated: 6/2/2014

KRS 158.854 (2005) specifies that vending machines, school stores, canteens, or fundraisers that sell beverages to students, teachers or groups may sell only “school-day-approved beverages" including water, 100% fruit juice, low-fat milk and any beverage that contains no more than 10 grams of sugar per serving. 

KRS 158.850 (2005) limits access to retail fast foods in the cafeteria to no more than one day each week. Under KRS 158.854(3) (2005), no school may sell competitive foods or beverages from the time of arrival of the first student at the school building until thirty minutes after the last lunch period. “Competitive food" is any food or beverage item sold in competition with the National School Lunch and School Breakfast Programs, but does not include any food or beverage sold a la carte in the cafeteria.

KRS 158.854(1) (2005) requires the Kentucky Board of Education to promulgate an administrative regulation to specify the minimal nutritional standards for all foods and beverages that are sold outside of the National School Breakfast and School Lunch Programs.

Beverages: 702 KAR 6:090 (Section 1) (2006) restricts the sale of beverages beginning thirty minutes after the last lunch period until the end of the last instructional period.  Beverages offered for sale, whether through vending machines, school stores, canteen or fundraisers on school property must be: (1) flavored or unflavored 1% or less milk, (2) flavored or unflavored, non-caloric, non-carbonated water, (3) 100% fruit or vegetable juice, (4) any beverage which does not contain more than 10 grams of sugar per serving (with the exception of fruit juice), (5) 17 ounces or less (excluding flavored, non-caloric or non-carbonated water) for elementary school and 20 ounces or less for middle and high school. 

Food: 702 KAR 6:090 During the period beginning thirty (30) minutes after the last lunch period until the end of the last instructional period, a food item offered for sale through a vending machine, school store, canteen, or fundraiser on school property shall meet the following requirements: 

·         Calories from fat shall not exceed thirty (30) percent, excluding reduced fat (two (2) percent milk-fat or less), cheese, nuts, seeds, and nut butters.
·         Calories from saturated fat shall not exceed ten (10) percent.
·         Calories from sugar shall not exceed thirty-two (32) percent by weight.
·         The grams of sugar shall not exceed fourteen (14) grams. This limit shall not apply to fresh, frozen, canned or dried fruits and vegetables.
·         Chips, cereals, crackers, baked goods, and other snack items shall not contain more than 300 milligrams of sodium per serving.
·         Pastas, meats, and soups shall not contain more than 450 milligrams of sodium per serving.
·         Pizza, sandwiches, and main dishes shall not contain more than 600 milligrams of sodium per serving.
·         The portion or pack size is limited to the following:        
o   2 oz for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, or jerky
o   1 oz for cookies
o   2 oz for cereal bars, granola bars, pastries, muffins, doughnuts, bagels or other bakery-type items
o   8 oz for non-frozen yogurt
o   4 oz for frozen dessert items, including low-fat or fat free ice cream, frozen juice bars, or frozen real fruit items
 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.

 

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Physical Activity Other Than Physical Education
     Last Updated: 5/22/2013

General Physical Activity Requirement:  Revised Statute 160.345 (2005) requires local wellness policies to be developed only for LEAs containing grades K-5. The policy must include moderate to vigorous physical activity each day and encourage healthy choices among students. The policy may permit physical activity to be considered part of the instructional day, not to exceed 30 minutes per day, or 150 minutes per week. LEAs must also adopt an assessment tool to determine each child's level of physical activity on an annual basis.
Recess or Physical Activity Breaks: No state policy.

Recess Before Lunch: No state policy.

Walking/Biking to School:  No state policy.

Organized Sports
     Last Updated: 5/22/2013

Interscholastic Athletics: 702 KAR 7:065 (2004) designates the Kentucky High School Athletic Association as the Kentucky Board of Education’s agent to manage interscholastic athletics at the high school level.

Concussion and Sports-Related Head Injury: KRS 160.445 (2009) requires each interscholastic coach to complete training on how to recognize the symptoms of a concussion and how to seek medical treatment for a person suspected of having a concussion. 

Automated External Defibrillator (AED): No state policy.

Safe and Drug-Free Schools
     Last Updated: 5/22/2013

KRS 158.445 (2000) requires each local board of education to adopt a plan for immediate and long-term strategies to address school safety and discipline. KRS 158.148 (2008) requires the department of education to develop statewide student discipline guidelines to ensure safe schools, recommendations that improve the learning environment and school climate, parental and community involvement in the schools, and student achievement, and a model policy. Each local board of education is to adopt a code of acceptable behavior and discipline for students, which stresses the maintenance of a safe learning environment where orderly learning is possible and encouraged. The code of acceptable behavior and discipline shall contain the type of behavior expected from each student, consequences of failure to obey the code, and the importance of the code in maintaining a safe learning environment. The statute contains the specific requirements of the code of acceptable behavior and discipline. A copy of the code of behavior and discipline shall be provided to all school employees, parents and legal guardians.

Fighting/Gangs
: KRS 158.150 (2001) considers assault or battery or abuse of school personnel or students as sufficient causes for suspension or expulsion from school and requires local boards of education to adopt policies requiring disciplinary action for assault, battery, or abuse.

Weapons
: KRS 527.070 (1996) states that it is a class D felony for a person to unlawfully possess a weapon on school property. The statute also requires chief administrators of a public school to prominently display signs reciting prescribed language. KRS 158.150 requires expulsion for at least one year for a student who is determined to have brought a weapon to school.

KRS 161.195 (1992) requires written notification to a teacher that a student has a documented history of physical abuse of a school employee or of carrying a concealed weapon on school property before the teacher is assigned to work directly with or come into close contact with the student.

Drugs and Alcohol: UnderKRS 158.150 the use or possession of alcohol or drugs on school property is cause for disciplinary action, including suspension or expulsion from school. The statute requires local boards of  

education to adopt a policy requiring disciplinary action for such a violation.

Collaboration with Law Enforcement: KRS 158.154 requires principals to report to appropriate local law enforcement an act that the principal reasonably believes to constitute a crime specified in that statute.
Bullying, Harassment and Hazing
     Last Updated: 5/22/2013

Bullying/Harassment: KRS 525.070 (2008) states that a person is guilty of harassment when, with the intent to intimidate, harass, annoy or alarm another person, he or she, being enrolled as a student in a local school district, and while on school premises, on school-sponsored transportation, or at a school-sponsored event, the student does one of the following: (a) strikes, shoves, kicks, or otherwise subjects him to physical contact; (b) attempts or threatens to strike, shove, kick, or otherwise subject the person to physical contact; (c) in a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present; (d) Follows a person in or about a public place or places; (e) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose; or (f) Being enrolled as a student in a local school district, and while on school premises, on school-sponsored transportation, or at a school-sponsored event: 1. Damages or commits a theft of the property of another student; 2. Substantially disrupts the operation of the school; or 3. Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.

KRS 525.080 (2008) states that (1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm another person, he or she: (a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication; (b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication; or (c) Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication. The statute states that a person is guilty of harassing communications when he or she communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.

KRS 158.156 (2008) states that any employee of a school or local board of education who knows or has reasonable cause to believe that a school student has been the victim of a violation or any felony offense specified in KRS 508, committed by another student while on school premises, at a school-sponsored event or while on school-sponsored transportation must immediately make an oral or written report to the principal of the school attended by the victim. The principal must then make other mandatory notifications. The statute provides immunity from liability for those reporting in good faith.

Cyberbullying: KRS 525.080 (2008), detailed above, includes communication via the Internet or other form of electronic communication in its definition of harassing communication.
Hazing: No state policy addressing elementary or secondary schools.
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Crisis Management/Emergency Response
     Last Updated: 5/22/2013

Response and Management Plans: KRS 158.445 (2000) requires each board of education to adopt a plan for immediate and long-term strategies to address school safety and discipline.

Reporting Incidents of Violence: KRS 158.445 requires each local school to begin assessing the school safety and student discipline plans and to review the reports of school incidents related to disruptive behavior. KRS 158.150 (2001) requires the superintendent, principal, assistant principal, or head teacher of any school to report any suspensions of a pupil in writing to the superintendent and to the parent,guardian, or custodian of the pupil.

Tobacco Use
     Last Updated: 5/22/2013

KRS 438.050 (1988) imposes a fine of between $1 to $5 on a person who smokes tobacco products in any school building or on school property when children are present. The board of education may, but is not required to, designate smoking areas for school employees, if outside of facilities where children are educated.

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Air Quality
     Last Updated: 5/22/2013

Kentucky Board of Education regulation 702 KAR 1:160, (4) requires the local school board of education to establish adequate ventilation and control of air pollutants in all school buildings.

Pesticide Use
     Last Updated: 5/22/2013

302 KAR 29:050, Section 12 (2002) requires each school district to implement an integrated pest management program which shall include at least 24-hour advance notification of pesticide use to all staff members, health professionals, and parents and guardians of children.

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Playground/Facility Safety
     Last Updated: 5/23/2013

No state policy.

Shared Use Agreements
     Last Updated: 4/14/2013

Statute 160.293 (1996) authorizes local boards of education to enter into an agreement with a public agency for the purpose of developing and maintaining school property recreational facilities for school and community purposes. Standards for school property recreational facilities include that the property must be used in a manner and at times of no interference with school activities; the control and management of the property is in accordance with administrative regulations adopted by the Kentucky Board of Education; all agreements must have prior approval of the chief state school officer and the Attorney General; and any agreement is not concerned an indebtedness.

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Student Services
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Screening for Health Conditions
     Last Updated: 10/13/2013

Vision and Hearing: Under 702 KAR 1:160 (2012), each local board of education must require a preventative health care examination one year prior to a child seeking admission to school The examination shall include a physical assessment, with hearing and vision screening.

Pursuant to KRS 156.160 (2004), the Kentucky Board of Education requires that evidenceof a vision examination by an optometrist or ophthalmologist be submitted no later than January 1 of the first year that a three, four, five, or six year-old child is enrolled in public school, public preschool, or Head Start Program.

KRS 156.160 (2008) requires a dental screening or dental exam by a dentist, dental hygienist, physician, registered nurse, advance practice registered nurse or physician assistant the first year that a five- or six-year-old is enrolled in a public school.

Chronic Health Conditions: No state policy.

Body Mass Index (BMI) Screening: 702 KAR1:160 (2012) requires a preventative health care examination to be reported on the Preventative Health Care Examination form, KDESHS002, to whicha space has been added for the BMI percentile. 
 
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Administration of Medications
     Last Updated: 10/14/2013

Staff Administration: KRS 156.502 (2002) allows for the delegation of school health services by a physician or advanced practice registered nurse or registered nurse (service must be one that could be delegated by the physician or nurse within his/her scope of practice).  The school employee who is delegated by the physician or nurse to perform the health service must be trained and receive written approval by the delegating health professional.  Such employees who have been properly delegated and trained will be granted liability protection. Delegation is only valid for the current school year. Statute 156.501 (2002) requires the Department of Education to establish standardized protocols and guidelines for training said designated, non-licensed school personnel. 702 KAR 1:160 Section 4 (g) requires unlicensed school personnel who have accepted the delegation to administer medications to show proof of successful completion of the Kentucky Department of Education-provided Medication Administration Training course. This training is valid only for the current school year.

Health services are defined in the statute as providing direct health care, including the administration of medication. The statute further protects a school employee who has been properly trained and been delegated responsibility for performing a medical procedure to be granted liability protection unless clear and convincing evidence of negligence or misconduct has resulted in individual harm.
Beginning with the 2010-2011 school year, a local board of education must maintain proof that non-licensed school employees who have accepted the delegation to administer medications in schools have completedthe Kentucky Department of Education-provided Medication Administration Training Program.

Self-Administration of Asthma Medication: KRS 158.834 (2002) authorizes the board of a school district to permit students with asthma to self-administer medication provided that written authorization is received from the student's parent or guardian and the student’s parent or guardianprovides a written statement from the student’s health practitioner, that includes the student’s name, name and purpose of the medication, the prescribed dosage, time the medication is to be administered or under what additional special circumstances the medications are to be administered, and the length of time for which the medications are prescribed. Parents and guardians are to be notified, and the parent or guardian shall sign a statement acknowledging, that the school will incur no liability forany claims regarding the self-administration of asthma medications by the student. KRS 158.836 (2004) allows students with asthma to possess and use their medication at school and at school-sponsored activities located on school property, provided that written authorization from a parent or guardian and a healthcare practitioner is provided in accord with KRS 158.834.

Self-Administration of Anaphylaxis Medication:  KRS 158.834 (2002) authorizes the board of a school district to permit students at risk of anaphylaxis to self-administer medication provided that written authorization is received from the student's parent or guardian and provides a written statement from the student’s health practitioner, that includes the student’s name, name and purpose of the medication, the prescribed dosage, time the medication is to be administered or under what additional special circumstances the medications are to be administered, and the length of time for which the medications are prescribed. Parents and guardians are to be given notification and the parent or guardian shall sign a statement acknowledging that the school will incur no liability for any claims regarding the self-administration of asthma medications by the student. KRS 158.836 (2004) allows students at risk for anaphylaxis to possess and use their medication at school and at school-sponsored activities located on school property, provided that written authorization from a parent or guardian and a healthcare practitioner is provided in accord with KRS 158.834.  

Emergency administration of diabetes medication: 
KRS 158.838 (2005) requires the board of a school district to have at least one (1) school employee at each school who has met the requirements of KRS 156.502 on duty during the entire school day to administer in an emergency Glucagon subcutaneously, using a glucagon emergency kit, to students with diabetes who are experiencing signs of hypoglycemia or other conditions noted in the health care provider’s written statement.  The student’s parent or guardian shall provide written authorization to administer Glucagon at school and a written health care provider’s statement that includes the student’s name, name and purpose of the medication, the prescribed dosage, route of administration, frequency and that the medication may be administered. The student’s parent or guardian shall provide the medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact. Parents and guardians are to be given notification and the parent or guardian shall sign a statement acknowledging that the school will incur no liability against any claims regarding as a result of any injury sustained by the student from any reaction to the administration of any medication to treat a hypoglycemic episode unless clear and convincing evidence of negligence or misconduct has resulted in individual harm.

Emergency administration of seizure disorder medications: 
KRS 158.838 (2005) requires the board of a school district to have at least one (1) school employee at each school who has met the requirements of KRS 156.502 on duty during the entire school day to administer in an emergency Diazepam rectal gel in a prefilled unit-dose delivery system. The student’s parent or guardian shall provide written authorization to administer Diazepam rectal gel at school and a written health care provider’s statement that includes the student’s name, name and purpose of the medication, the prescribed dosage, route of administration, frequency and that the medication may be administered. The student’s parent or guardian shall provide the medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact. Parents and guardians are to be given notification and the parent or guardian shall sign a statement acknowledging that the school will incur no liability against any claims regarding as a result of any injury sustained by the student from any reaction to the administration of any medication to treat a seizure unless clear and convincing evidence of negligence or misconduct has resulted in individual harm.

Medical Emergencies
: 702 KAR 1:160 (2012) requires schools to have emergency care procedures in place, which include maintaining first aid facilities, having at least one adult present with children during school hours with standard first aid and CPR for infants and children training, keeping vital contact information such as the parent's telephone number and the name of the family physician.

Storage and Record-keeping
: KRS 156.501 (2002) requires the Department of Education to establish standardized protocols and guidelines for the appropriate documentation and recordkeeping of health services by a school employee. 702 KAR 1:160 Section 3 (2012) requires the school to keep a cumulative health record for each pupil to be maintained throughout the pupil’s attendance. The record shall be on the form KDESH006 or may be maintained electronically in the student information system.
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Counseling and Mental Health Services
     Last Updated: 5/23/2013

Requirement to Provide Services:  907 KAR 1:715 (2004) requires mental health services to be provided to address medical and mental disabilities in accordance with any individualized education program.

Identification of Students with Mental or Emotional Disorders: No state policy.
Substance Abuse: No state policy.
Suicide Prevention: No state policy.
HIV, STD, and Pregnancy Testing and Counseling:  No state policy.
Immunity of Liability: No state policy.
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Immunization
     Last Updated: 5/23/2013

Detailed, current information about immunization requirements by state is maintained by the National Network for Immunization Information.  Select your state from the drop down box under Search for State Vaccine Requirements for School Entry."

Exemptions: KRS 214.036 (2005) allows exemption from testing for tuberculosis or immunization under the following circumstances: (1) When, in the written opinion of an attending physician, immunization would be injurious to the child's health, or (2) The parents present a sworn statement objecting to the immunization of the childon religious grounds.  In the case of an epidemic, the Cabinet for Health Services may, by emergency regulation, require the immunization of all persons within the area of epidemic against the disease responsible for such epidemic.

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Accommodation
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Staff with HIV
     Last Updated: 1/16/2006

No state policy.

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Students with HIV
     Last Updated: 1/16/2006

No state policy.

Pregnant or Parenting Students
     Last Updated: 1/16/2006

No state policy.

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Individual Health Plan for Students
     Last Updated: 5/23/2013

The state does not have a policy regarding individualized health plans for students in need of health services. 702 KAR 1:160, Section 3 (2012) requires each school to initiate a cumulative health record for each student that contains screening tests and findings and recommendations of a physician and dentist.

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Coordination/ Implementation
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Coordinating or Advisory Councils
     Last Updated: 5/23/2013

State-level: KRS 148.590 (2005)  establishes the Council on Sports, Physical Activity and Wellness to serve as a resource to the Governor and General Assembly to increase awareness and develop physical fitness and activity goals for all citizens of the state, encourage intergenerational activities to strengthen the family unit, and support the National Association of Governor's Council on Physical Fitness and Sports and the President's Council on Physical Fitness and Sports.

Local-level: No state policy.

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School Health Program Coordinators
     Last Updated: 5/23/2013

State-level: No state policy.

Local-level: 702 KAR 1:160, Section 5 (2012) requires each local superintendent to designate a school health coordinator who will work in cooperation with all school personnel, the local board of education, the Kentucky Department of Education, the local health department, family resource & youth services centers, and parents in planning, promoting, and implementing a school health services program.

Confidentiality
     Last Updated: 5/23/2013

School Employee Health Examination: “Pursuant to the Genetic Information Nondiscrimination Act of 2008, it is unlawful for an employer to request genetic information, genetic testing information, family medical history information, or family genetic testing information from an applicant or employee. The medical provider conducting this examination of an applicant/employee of a local school district shall not request, require or purchase this information about the applicant or employee. Any applicant or employee undergoing a medical examination for employment with a local school district shall not provide this information to the medical provider or to the school district.” (29 CFR Part 1635 found at 75 Fed. Reg. 68932-68939 at http://www.gpo.gov/fdsys/pkg/FR-2010-11-09/pdf/2010-28011.pdf)

Student Health-Related Records: KRS 160.705 (1994) deems educational records of students as confidential and such recordsmay not be disclosed except for circumstances described in KRS 160.720 (1994), which does not permit educational institutions to release records, including health records, or other identifiable information on students to third parties without the consent of the parent or student. 

 
The Family Educational Rights and Privacy Act (FERPA) is the federal law that protects the privacy interests of students and their educational records. Health records of all students are protected by FERPA. FERPA allows schools to disclose those records, without consent, in certain health and safety emergencies. (34 CFR § 99.31)
 
Student Health-Related Services: No state policy. If a school district electronically bills Medicaid for school- based health services included in the student’s IEP, then the electronic billing document is subject to the federal Health Information Portability and Accountability Act of 1996 (HIPAA).
 

Limitations on Student Surveys

Limitations on Student Surveys
     Last Updated: 1/16/2006

No state policy.

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