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KRS 161.164

Political activity prohibited -- Discrimination prohibited -- Instructional materials requirements -- Student not required to advocate for perspective with which he or she does not agree -- Employee not required to engage in training that stereotypes group

Applied in 9 court decisions — leading case Hager v. Pike County Board of Education (2002)

Most recently applied in Conley v. Pulaski County Board of Education (May 2016)

Effective: July 14, 2022 History: Amended 2022 Ky

How often courts cite this section

199220002010201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) No employee of the local school district shall take part in the management or activities of any political campaign for school board.

(2) No candidate for school board shall solicit or accept any political assessment, subscription, contribution, or service of any employee of the school district.

(3) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position as teacher or employee of any district board of education, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.

(4) No teacher or employee of any district board of education shall be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment because of his political or religious opinions or affiliations or ethnic origin or race or color or sex or age or disabling condition.

(5) Any instruction or instructional materials on current, controversial topics related to public policy or social affairs provided to public school or public charter school students, regardless of whether the individual that provides the instruction is employed by the local school district or public charter school, shall be:

(a) Within the range of knowledge, understanding, age, and maturity of the students receiving the instruction; and (b) Relevant, objective, nondiscriminatory, and respectful to the differing perspectives of students.

(6) An employee of a public school district or public charter school shall not violate a student's First Amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a perspective with which the student or the parent or guardian of a minor student does not agree.

(7) An employee of a local school district or public charter school shall not be required to engage in training, orientation, or therapy that coerces the employee to stereotype any group.

(8) The local superintendent shall inform all school employees of the provisions of this section.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.