Legislation intended to increase school safety passed the House
Senate Bill 101 would require school boards to expel students who assault school staff.
FRANKFORT — Legislation intended to protect teachers and school staff from violent students passed the Kentucky House on Wednesday, advancing a measure that would require stricter disciplinary action and expand reporting requirements in schools.
Under Senate Bill 101, sponsored by Sen. Matt Nunn, R-Sadieville, school boards would be required to expel students in grades 6 through 12 for at least 12 months if the student “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.
Rep. Patrick Flannery, R-Olive Hill, carried the legislation in the House. He highlighted previsions in the bill on how the legislation applies to students with disabilities, noting that protections remain in place under federal law.
“If the student has an IEP and the assault is determined to be a manifestation of their disability they are exempted, the student will be given educational services in an alternative setting as long as they can be provided safely.”
In addition to mandatory expulsions, the bill would strengthen reporting requirements for school personnel. Teachers or staff who fail to report incidents that occur on school property or at school-sanctioned events, when there is probable cause, could face misdemeanor charges, with penalties increasing for repeated failures.
Lawmakers adopted multiple floor amendments that broaden the scope and implementation of the measure.
House Floor Amendment 2, filed by Rep. Daniel Grossberg, D-Louisville, expands the bill’s language to include school bus stops as locations where misconduct could trigger expulsion. The change follows concerns about incidents occurring outside traditional school property.
Grossberg cited an incident in his district to illustrate the need for the amendment.
“In my district there has been a number of incidents that have taken place at school bus stops, including violence so bad that children who are new to our country and struggle with the English language were beaten so badly that they had to go to the hospital.” He said “Their parents had no recourse because Jefferson County Public School said that the bus stops were not their responsibility and LMPD said it was not their responsibility during school hours.”
He added that ensuring student safety must extend beyond school buildings.
“If we can’t keep our kids safe including at mandatory bus stops, if we can’t keep them alive, we are all failing.”
House Floor Amendment 3 filed by Rep. Chad Aull, D-Lexington, creates a pathway for expelled students to return to school. Under the amendment, an expulsion could end after 26 weeks if certain conditions are met, including writing a letter to anyone injured in the incident, completing 15 hours of community service, and earning a 3.0 GPA on coursework completed during the expulsion period, along with any additional requirements set by the local school board.
House Floor Amendment 5, filed by House Majority Whip Jason Nemes, R-Middletown, would require local law enforcement to be notified when a school has knowledge of a threat of violence or that a firearm is present on school property.
Flannery said educators should not have to fear for their safety while doing their jobs.
“It is not fair to teachers who merely want to earn a living. They shouldn’t be fearful at work and shouldn’t be assaulted. This risk often leads to teachers leaving the profession and their career because they fear for their own safety.”
Rep. Lisa Willner, D-Louisville, also emphasized the strain placed on educators, though she ultimately opposed the bill on the House floor.
“We’ve left our teachers vulnerable; our teachers should be focused on educating kids and I think we all agree on that, and instead they are in the trenches every single day bearing the brunt of every community problem, that becomes a school problem and it’s not fair.”
Willner initially voted in favor of the measure in committee but later changed her position after speaking with educators in her district.
“Teachers concerns about safety were too often not taken seriously by school administrators. Teachers were simply not heard, they weren’t protected.” She Said “A teacher would report that a student was dangerous. The student was briefly removed and then returned to the classroom”
Rep. Tina Bojanowski, D-Louisville, said while the bill addresses safety concerns, lawmakers should also consider long-term outcomes for students who are removed from school.
“As we have these children that are expelled from our school systems that we need to figure out what supports they need so that they so they’re not just thrown out and not thought about and you know we get them out of our schools it alleviates the problem but what about the child.”
The legislation passed the House 84-5 and now returns to the Senate for concurrence on the amended version of the bill.