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KRS 610.345 which requires courts to
notify school officials if students in those
school are found guilty of certain serious
offenses, was amended in the 2004 and
includes new language which substantially
improves the process. The major changes
which went into effect July 13, 2004 include
the following:
1) The law
requires the judge to direct the clerk to
send the notices to the schools;
2) Instead
of sending notices directly to principals,
the notices are to be sent to the
Superintendent's Office to be distributed to
the schools which the students attend;
3) If a
student in charged with a controlled
substance offense, or the possession,
carrying or use of a deadly weapon, or
physical injury to another person, the court
must send notification within 24 hours of
the complaint being filed. If the complaint
is later dismissed, all records of the
incident must be destroyed and removed from
the school record; For all other offenses,
the court is only required to notify the
schools if the juveniles are found guilty
and these notifications must be sent within
five days of the court entering the order;
4) In
addition to classroom instructors,
principals are required to share the court
information with school counselors who have
responsibility for the student;
5) If a
school receives notification concerning a
students who has been found guilty of an
offense and that student later requests a
transfer to another school, the principal is
required to forward the information to the
receiving school within five working days of
the request for transfer.
Many times,
the charge also does not give educators
sufficient information about the nature of
the offense. In these cases, the law allows
an authorized school official to make a
written request for additional information
concerning the nature of the crime. If the
judge approves the request, the county
attorney can provide a statement of facts in
the case.
Once
principals receive the notifications from
the superintendents office, they are
required to share the information with the
students' teachers and counselors and other
employees charged with classroom
instruction. The principal has the
discretion to share the information with
other school administrative and
transportation staff, or with any teacher or
school employee with whom the student may
come into contact. The information must be
considered confidential and be maintained in
a locked file when not in use. It does not
become part of the student's education
record.
Since
notification occurs on the local level,
there is no way to assess compliance with
the statutory requirement on a statewide
basis.
Fayette County Schools has created a
Court-School Liaison office that insures
that schools receive the notifications in a
timely manner. One of the major benefits of
the program has been the development of
closer working relationships among the
schools, court system and other juvenile
justice agencies. These agencies have
created a Memorandum of Agreement that
outlines roles and responsibilities
especially as relates to developing
transition plans for youth returning from
out-of-home placements. |