Legal topic of the month

RELIGION AND PUBLIC SCHOOLS IN KENTUCKY

One of the more confusing areas of law for school districts may be the application of the First Amendment as it relates to students' religious conduct or speech. KRS 158.181 to 158.187, titled the "Nicole Hadley, Jessica James, and Kayce Steger Act"[1], represents an attempt by the 1998 General Assembly to codify (place in statutory terms) various court decisions regarding religious liberty, free speech and public education. A brief overview of this law is set forth below.

KRS 158.183 sets forth the rights of students as well as prohibitions. The student may be limited in religious speech or conduct to the same extent and under the same circumstances as a student would be limited in reflecting on, speaking about, or distributing material regarding nonreligious topics. A student may voluntarily choose to:

* pray in a public school, vocally or silently, alone or with other students;

* express religious viewpoints in a public school;

* speak to and attempt to discuss religious viewpoints with other students;

* distribute religious literature in a public school, subject to reasonable time, place and manner restrictions; and

* be absent (in accordance with attendance policies) from public school to observe a religious holiday and participate in other religious practices.

The district and/or school may, however, place limitations on above-listed conduct. As noted above, the district can regulate or restrict religious conduct or speech to the same extent it regulates or restricts nonreligious speech or conduct. Moreover, a student may not disrupt the educational process or infringe on the rights of the school to maintain order and discipline, nor may a student harass other persons, attempt to coerce others to participate, or otherwise infringe on the rights of others. The statute also makes it clear that a student may not infringe on the rights of the school to determine educational curriculum and assignments. KRS 158.183.

KRS 158.183 further provides that no legal action may be brought against a school district for an alleged violation of this Act unless the student has first exhausted certain administrative remedies. The student or student's parent or guardian must first state the complaint to the principal of the student's school. The principal must then investigate and take any appropriate action to resolve the issue within seven (7) days of the date of the complaint. If the complaint is not resolved, the parent or student must then make a complaint in writing to the superintendent, and the superintendent has thirty (30) days to investigate and attempt resolution. Only after the superintendent's investigation and action may a student or parent institute any legal action.

Lastly, KRS 158.185 provides that the Act is not to be construed to support, encourage or permit a teacher, administrator or other public school employee to lead, direct or encourage any religious or anti-religious activity in violation of the First Amendment prohibiting laws respecting the establishment of religion.

[1] These were the three students killed in the Heath High School shooting in Paducah, Kentucky.

Kentucky School Boards Association

Navigation