School districts may create a policy allowing students to be released for religious study, or they may choose not to coordinate with released-time programs and require the students' legal guardians facilitate the process.
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158.200 Moral instruction -- Conditions -- Quarterly reports.
(1) The boards of education of local school districts may provide an opportunity for
pupils to attend moral instruction in their jurisdiction, in the manner provided in this
section.
(2) (a) Local boards of education shall allow pupils to be excused for up to one (1)
hour on no more than one (1) day each week, which shall include time
attributed to travel to and from, to attend a district-approved request for a
moral instruction offering upon receiving the consent of the pupil's parent or
guardian.
(b) Moral instruction provided under this section shall not take place on school
property.
(c) Pupil participation in moral instruction shall be voluntary and free from
coercion by school personnel.
(d) Moral instruction shall be given without expense to any local board of
education above de minimis administrative expenses incurred in carrying out
this section.
(3) An individual, organization, entity, or any combination thereof seeking to provide a
moral instruction offering for pupils shall submit a written, signed request to the
local board of education of a school district regarding the proposed moral
instruction offering. The request shall include:
(a) Contact information for the primary individual who will be providing the
moral instruction, as well as all other individuals who may be transporting
pupils or providing moral instruction to students through the offering;
(b) A statement acknowledging and agreeing to be bound by the requirements
placed upon moral instruction offerings under this section;
(c) The address or a description of the location where the moral instruction will
be provided;
(d) A transportation plan to ensure the safety of pupils while traveling to and
from moral instruction within the allotted time period;
(e) A statement acknowledging and agreeing to inform the parent or guardian of a
participating pupil that the school district and its employees and agents shall
not incur any liability as a result of any injury sustained by the pupil related to
participation in the moral instruction offering;
(f) A statement acknowledging and agreeing to indemnify and hold harmless the
school district and its employees and agents against any claims relating to the
moral instruction offering or transportation to or from the offering; and
(g) Proof of insurance coverage to be carried by the provider that shall include
adequate insurance for liability, property loss, and personal injury of students
related to the moral instruction offering or transportation to or from the
offering.
(4) (a) Upon receipt of a request under subsection (3) of this section, the local board
of education may make arrangements with the person seeking to provide the
moral instruction offering as the local board deems necessary.
(b) Upon approval by the local board of a request under this section, the
superintendent of the school district shall require each individual identified in
the request to submit to a national and state criminal history background
check by the Department of Kentucky State Police and the Federal Bureau of
Investigation and have a clear CA/N check, provided by the individual,
consistent with the provisions of KRS 160.380(6). The individuals, or the
organization or entity through which the moral instruction offering will be
provided, shall be responsible for all costs associated with obtaining the
criminal history and CA/N checks under this paragraph.
(c) As a condition of the agreement between the local board and a provider, the
local board shall require that any individual identified in the request under
subsection (3) of this section be barred from providing transportation or
participating in moral instruction offerings under this section upon receipt by
the school district of a report documenting a record of:
1. Child abuse or neglect;
2. A sex crime or criminal offense against a victim who is a minor, as
defined in KRS 17.500; or
3. A violent crime as defined in KRS 17.165;
by the individual. The prohibition shall continue until the local board receives
an updated record for that individual that does not contain a disqualifying
item.
(5) A pupil who attends a moral instruction offering at the time specified and for the
period fixed shall be:
(a) Credited with the time of attendance as if he or she had been in actual
attendance in school, and the time shall be included as part of the actual
school work required in KRS 158.060. A pupil shall not be penalized for any
school work missed during the specified time; and
(b) Included in calculating the average daily attendance for the Support Education
Excellence in Kentucky program as if the pupil was in actual attendance in
school.
(6) A pupil who does not participate in a moral instruction offering shall remain in
school during the time when the instruction is being given, and shall take noncredit
enrichment courses or participate in educational activities not required in the
regular curriculum, and that time shall be included as part of the actual school work
required in KRS 158.060. Students of different grade levels may be placed into
combined classrooms in accordance with maximum class size allotments as
described in KRS 157.360. These courses or activities shall be supervised by
certified school personnel and may include but are not limited to study hall,
computer instruction, music, art, library, physical education, and tutorial assistance.
(7) A school district shall not discriminate against a pupil for his or her participation or
nonparticipation in a moral instruction offering.
(8) (a) Each local board of education shall submit the following information
quarterly to the Kentucky Department of Education:
1. The name of each applicant that submitted a request to provide a moral
instruction offering;
2. The date of the application;
3. The local board's approval or denial of the application; and
4. If the request was denied, the reason for the denial.
(b) The Kentucky Department of Education shall compile the quarterly reports
required by this subsection and submit a combined report to the Legislative
Research Commission no later than December 1 of each year for referral to
the appropriate Interim Joint Committee on Education.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 111, sec. 2, effective June 27, 2025. -- Amended
1990 Ky. Acts ch. 476, Pt. IV, sec. 206, effective July 13, 1990. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-7a.

Notes

(NONE)