Kentucky Revised Statutes

Ky. Rev. Stat. § 158.440 (2026)

Legislative findings on school safety and order

✓ current as of May 2026
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The General Assembly finds that:

(1) Every student should have access to a safe, secure, and orderly school that is conducive to learning;

(2) All schools and school districts must have plans, policies, and procedures dealing with measures for assisting students who are at risk of academic failure or of engaging in disruptive and disorderly behavior; and

(3) State and local resources are needed to enlarge the capacities for research, effective programming, and program evaluation that lead to success in addressing safety and discipline within the schools. Effective: April 10, 1998 History: Created 1998 Ky. Acts ch. 493, sec. 1, effective April 10, 1998.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2001–2024 · leading case: Hardin Cnty. Schs. v. Foster, 40 S.W.3d 865 (Ky. 2001).
Hardin Cnty. Schs. v. Foster, 40 S.W.3d 865 (Ky. 2001). · cites it 2× “KRS 158.440. To the extent that local school districts must collect and analyze data to provide for school safety and discipline the disclosure of the information sought in this open records request is proper.”
N.C. v. Commonwealth, 396 S.W.3d 852 (Ky. 2013). “KRS 158.440 mandated the following for our schools: (1) Every student should have access to a safe, secure, and orderly school that is conducive to learning; (2) All schools and school districts must have plans, policies, and procedures dealing with measures for assisting…”
Skyler Ghent, by His Next Friend & Parent, Jessica Collins v. Clay Cnty. Bd. of Educ. (Ky. Ct. App. 2024). · cites it 2× “010, which mandates compulsory school attendance for minors; (3) violation of the safe school mandate/policies contained in KRS 158.440(1); (4) violation of Restatement (Second) of Torts § 314A; (5) violation of §§ 1, 2 and 3 of the Kentucky Constitution; and (6) negligent…”
Floyd Lawrence Patton as Adm'r of the Est. of Stephen Lawrence Patton v. Davida Bickford (Ky. 2017). “148(5](a]]; see also KRS 158.440. The legislative mandate to formulate a code of student behavior does not cast the formation of particular code provisions as a ministerial function.”
— Ky. Rev. Stat. § 158.440(1) — 1 case
Skyler Ghent, by His Next Friend & Parent, Jessica Collins v. Clay Cnty. Bd. of Educ. (Ky. Ct. App. 2024). “010, which mandates compulsory school attendance for minors; (3) violation of the safe school mandate/policies contained in KRS 158.440(1); (4) violation of Restatement (Second) of Torts § 314A; (5) violation of §§ 1, 2 and 3 of the Kentucky Constitution; and (6) negligent…”
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