Student and Parent Rights in Kentucky Schools

Below is a clear, legally grounded list of student and parent rights in Kentucky schools, especially relevant to situations like abuse reports, student and teacher interactions, disciplinary meetings, records access, privacy, and when parents must be involved. These rights are rooted in federal and state law, not just district policy.

Student Rights in Schools

Elementary, Middle, High

These rights apply to all students, regardless of age or school level.

1. Right to Safety and Protection from Abuse

Students have the right to a school environment free from abuse or neglect.

Schools must report abuse to external authorities such as law enforcement, Department for Community Based Services, or the County Attorney. Internal investigation alone is not sufficient.

2. Right to Be Free from Discrimination

Under Title Nine, students in federally funded schools cannot be discriminated against based on sex, including sexual harassment or hostile environments.

3. Right to Privacy of Education Records

FERPA

Schools cannot disclose personally identifiable information from education records without consent, except in narrow exceptions like safety threats.

Parents control access to records until the student turns eighteen or grants consent.

4. Right to Fair Discipline Procedures

Students must be informed of behavior expectations and discipline procedures.

Parents must be notified of any disciplinary action that affects school status such as suspension or expulsion.

5. Right to Be Free from Harassing Communications

Kentucky law protects students from harassment or intimidation, including communications intended to alarm or humiliate.

6. Right to Protections Under IDEA and Section 504

If applicable

Students with disabilities are entitled to services, accommodations, and participation in IEP or 504 planning with procedural safeguards.

Parents’ Rights in Elementary, Middle, and High School

These rights apply to all parents under Kentucky and federal law, especially if a child is involved in an incident or subject to school action.

1. Right to Access and Inspect Education Records

• Submit a written request to inspect or review their child’s educational records within forty five days.
• Request corrections if records are inaccurate or misleading.
• Prevent records from being shared outside the school without consent except for limited exceptions.

In practice if a child reports abuse, discipline, or evaluation, you have the right to see the school’s documentation.

2. Right to Be Notified and Involved in Discipline

Schools must notify parents or guardians of suspensions, expulsions, or any major disciplinary actions.

Parents should be given due process opportunities such as hearings or appeals.

3. Right to Participate in Meetings Affecting Your Child’s Education

Parents must be involved in ARC or IEP meetings for students with disabilities.

Even without an IEP, parents can attend meetings that affect placement, discipline, or welfare.

4. Right to Consent Before Health or Mental Health Services Are Provided

Federal and state laws require written parental consent for most school health services unless there is an emergency.

• Counseling referrals
• Sharing info with outside providers
• Enrollment in behavioral programs

5. Right to Demand Reporting to Authorities

Under KRS 620030 school employees must immediately report suspected abuse or neglect to:

• Law enforcement
• Cabinet for Health and Family Services
• County or Commonwealth’s Attorney

If this does not happen parents can:

• Ask for documentation of the report
• File their own report with law enforcement or CHFS
• Seek civil remedies

6. Right to Challenge School Actions

• Denied record access
• Inaccurate files
• Notification failures
• Discipline decisions

How? Through due process, appeals, complaints with the United States Department of Education, state or federal complaints, and civil lawsuits.

7. Right to Be Present During School Interviews

• Disciplinary interviews
• Investigative questioning
• Abuse related discussions

This falls under principles of due process and fairness.

Practical Summary for Parents

If Your Child Reports Something Serious

• You can request access to all records created.
• You can demand proof of who was notified and when.
• You can insist reports go to law enforcement or CHFS if abuse is alleged.
• You can consult an attorney if rights are violated.

Before One on One School Meetings

• You have the right to be notified and present especially if the topic involves discipline, safety, or behavior.
• It is related to abuse or questioning.

During or After an Incident

• You can request copies of all documents.
• You can demand a meeting with administrators.
• You can file formal complaints with Kentucky Department of Education and federal agencies such as FERPA or Title Nine.
• You can pursue due process and legal action.

Key Laws and Statutes to Know

• FERPA Family Educational Rights and Privacy Act records access and privacy.
• KRS 620030 Mandatory reporting of child abuse or neglect.
• KRS 158150 Parental notification and discipline procedures.
• Title Nine Federal protection against sex based discrimination or harassment.
• IDEA and Section 504 Rights for students with disabilities.