780 KAR 2:060. Discipline of students.

      RELATES TO: KRS 151B.025(3), 158.150, EO 2000-990

      STATUTORY AUTHORITY: KRS 151B.025(3), EO 2000-990

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.025(3) gives the Department for Technical Education the responsibility for all administrative functions of the state in relation to the management, control, and operation of state-operated secondary area vocational education and technology centers. EO 2000-990 abolished the State Board for Adult and Technical Education and transferred the board's duties and functions to the department. It also authorized the commissioner of the department to promulgate administrative regulations to implement vocational education in Kentucky. KRS 158.150 establishes the grounds and procedures for discipline from the state's common schools. This administrative regulation establishes the procedure for the suspension and expulsion of students from Kentucky TECH schools for disciplinary reasons following the grounds and procedures established in KRS 158.150 for the common schools.

      Section 1. Definition. "Kentucky TECH" means the system of state-operated secondary technical education programs.

      Section 2. Teachers and administrators employed in a Kentucky TECH school shall be responsible for the supervision and discipline of students during the time the students are in attendance at a state-operated vocational-technical facility.

      Section 3. All students shall comply with the policies of the Kentucky TECH school in which they are enrolled. The following actions shall be cause for disciplinary suspension or expulsion:

      (1) Willful disobedience or defiance of the authority of teachers or administrators;

      (2) Assault, battery or abuse of other students or school personnel;

      (3) Threat of force or violence;

      (4) Use or possession of illicit drugs or alcohol;

      (5) Stealing, destroying or defacing school or personal property;

      (6) Possessing or using dangerous weapons or instruments; or

      (7) Other incorrigible bad conduct on school property or at school-sponsored activities.

      Section 4. (1) Secondary students who are subject to disciplinary action shall be referred by the school administrator of a Kentucky TECH school to the principal of the parent school in which the student is enrolled.

      (2) The Kentucky TECH school administrator or his designee shall have the authority to immediately suspend secondary students for a maximum of three (3) days, without action by the parent school, to:

      (a) Protect persons or property; or

      (b) Avoid disruption of the ongoing academic programs.

      (3) The Kentucky TECH school administrator shall submit in writing to the principal of the parent high school the reason for disciplinary action and recommend any further action.

      (4) The principal of the parent high school shall respond to the vocational administrator as to the action to be taken.

      Section 5. A secondary student who is suspended or expelled from a participating local high school shall be suspended or expelled from the Kentucky TECH school in which the student is enrolled. (17 Ky.R. 719; eff. 10-14-90; Am. 20 Ky.R. 1694; eff. 2-2-94; 22 Ky.R. 358; 725; eff. 10-5-95; 26 Ky.R. 2320; 27 Ky.R. 962; eff. 10-16-2000.)