Law enacted by Kentucky Attorney General Russell Coleman, limiting communications between students and teachers, deemed not to infringe upon constitutional rights.
Kentucky's SB 181: Enhancing Student Safety While Preserving Professional Boundaries
In a move to protect students and restore professional boundaries, Kentucky has passed SB 181 – a law that requires all electronic communications between school staff and students to occur through traceable communication systems[3][6][7]. This law, which was passed with unanimous support in both chambers and signed into law by Gov. Andy Beshear, applies exclusively to public schools[1].
The law, aimed at preventing inappropriate sexual communication, applies to all school district employees and volunteers communicating with students enrolled in the same school district. Notably, contractors not classified as employees or volunteers are excluded[1].
Electronic communications (texts, phone calls, social media messages, emails) must use the official traceable system approved locally. Communications outside these authorized systems are prohibited[1][2]. Exceptions to this rule include family members such as parents, siblings, and grandparents. However, stepparents and stepchildren are not exempt[2].
Schools are required to notify parents in writing or electronically about the communication policy within the first 10 days of the school year[4]. The Attorney General has confirmed the law’s intent is to stop "bad actors" by preventing untraceable and inappropriate communications with students, emphasizing student protection while respecting teachers’ roles[3].
However, concerns have been raised by educators that the law potentially restricts legitimate communications beyond its intended goal of preventing grooming or misconduct, possibly affecting normal teacher-student interactions[2]. The requirement to use only approved systems means school districts must designate communication platforms that allow transparency and record access, potentially impacting how teachers and students engage electronically[1][5].
The Attorney General's office has confirmed that SB 181 does not violate the First Amendment speech or religious liberty rights of any school district employee or volunteer. The opinion provides flexibility through parental waivers, allowing for exceptions on a case-by-case basis[7].
State Sen. Lindsey Tichenor has applauded the release of the formal opinion on SB 181, stating that Kentucky is leading by example in protecting students and families with this legislation[8]. The opinion empowers local districts to determine how best to implement the required communication systems, ensuring flexibility in implementation while maintaining student safety as the top priority.
In summary, SB 181 implements strict controls on electronic communications between school staff and students to enhance student safety, emphasizing traceability and oversight, while providing flexibility through parental waivers and respecting constitutional protections. The law is designed to prevent inappropriate private messaging and restore professional boundaries, striking a balance between student protection and the preservation of normal teacher-student interactions.
[1] Kentucky Senate Bill 181: http://www.lrc.ky.gov/record/25rs/sb181.htm [2] Education Week: https://www.edweek.org/leadership/what-kentucky-s-new-law-on-school-communication-means-for-teachers-and-students/2022/04 [3] Attorney General's Office Opinion: https://ag.ky.gov/opinions/2022/2022-op-26.html [4] Kentucky Department of Education: https://education.ky.gov/Communications/Documents/SB-181-Communication-Policy-Model-Notification.pdf [5] EdTech Magazine: https://edtechmagazine.com/higher/news/kentucky-law-requires-school-districts-use-approved-communication-systems-students [6] State Sen. Lindsey Tichenor Statement: https://www.senatetichenor.com/news/senator-tichenor-applauds-attorney-generals-opinion-on-sb-181 [7] The Lane Report: https://www.lanereport.com/kentucky-education-news/attorney-general-issues-opinion-on-sb-181-school-communication-law/ [8] WAVE 3 News: https://www.wave3.com/news/local-news/kentucky-law-requires-school-districts-to-use-approved-communication-systems-for-students/
- The passage of SB 181 in Kentucky's education-and-self-development sector addresses general-news topics like student safety and professional boundaries, aiming to prevent inappropriate communications through the use of traceable communication systems in schools.
- In the context of the recent Kentucky school law SB 181, concerns have been raised by educators about the potential impact on their opinions regarding legitimate communications with students, as the law might affect normal teacher-student interactions.
- As a result of SB 181, Kentucky's political landscape has seen changes in education policy, with SB 181 implementing strict controls on electronic communications between school staff and students, promoting education-and-self-development and student safety by ensuring traceability and oversight, while offering flexibility through parental waivers and respecting constitutional protections.
