materials requirements -- Student not required to advocate for perspective
with which he or she does not agree -- Employee not required to engage in
training that stereotypes group.
(1) No employee of the local school district shall take part in the management or
activities of any political campaign for school board.
(2) No candidate for school board shall solicit or accept any political assessment,
subscription, contribution, or service of any employee of the school district.
(3) No person shall use or promise to use, directly or indirectly, any official authority or
influence, whether possessed or anticipated, to secure or attempt to secure for any
person an appointment or advantage in appointment to a position as teacher or
employee of any district board of education, or an increase in pay or other
advantage in employment in any such position, for the purpose of influencing the
vote or political action of any person.
(4) No teacher or employee of any district board of education shall be appointed or
promoted to, or demoted or dismissed from, any position or in any way favored or
discriminated against with respect to employment because of his political or
religious opinions or affiliations or ethnic origin or race or color or sex or age or
disabling condition.
(5) Any instruction or instructional materials on current, controversial topics related to
public policy or social affairs provided to public school or public charter school
students, regardless of whether the individual that provides the instruction is
employed by the local school district or public charter school, shall be:
(a) Within the range of knowledge, understanding, age, and maturity of the
students receiving the instruction; and
(b) Relevant, objective, nondiscriminatory, and respectful to the differing
perspectives of students.
(6) An employee of a public school district or public charter school shall not violate a
student's First Amendment rights by requiring or incentivizing a student to advocate
in a civic space on behalf of a perspective with which the student or the parent or
guardian of a minor student does not agree.
(7) An employee of a local school district or public charter school shall not be required
to engage in training, orientation, or therapy that coerces the employee to stereotype
any group.
(8) The local superintendent shall inform all school employees of the provisions of this
section.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 196, sec. 5, effective July 14, 2022. -- Amended
1994 Ky. Acts ch. 405, sec. 29, effective July 15, 1994. -- Amended 1990 Ky. Acts
ch. 476, Pt. II, sec. 79, effective July 13, 1990. -- Created 1962 Ky. Acts ch. 244,
Art. IV, sec. 2.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 196, sec. 8,
provides that Sections 4 and 5 of the Act, this statute and KRS 158.196, may be cited
as the Teaching American Principles Act.
Notes of Decisions
Commonwealth Dep't of Agric. v. Vinson, 30 S.W.3d 162 (Ky. 2000).
· cites it 2× “" Our court determined that other than an excision of the word "activities," KRS 161.164 was constitutional. We agree with Vinson and Anderson that a more narrow reading of the statute is not required with the Whistleblower Act because there is no fundamental constitutional…”
Banks v. Breathitt Cnty. Bd. of Educ., 925 F. Supp. 2d 856 (E.D. Ky. 2013).
· cites it 8× “On December 10, 2012, Banks filed the instant action, asserting the following causes of action: (1) violation of his substantive due process rights under the Fourteenth Amendment; (2) wrongful abridgement of his rights under the First Amendment; (3) discrimination in violation…”
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
· cites it 2× “" KRS 161.164(3), (4) prohibit board members from trading their influence in personnel matters for votes, and from basing personnel decisions on an employee's "political or religious opinions or affiliations or ethnic origin or race or color or sex or age or handicapping…”
Smith v. Floyd Cnty. Bd. of Educ., 401 F. Supp. 2d 789 (E.D. Ky. 2005).
· cites it 4× “She also alleged that the Defendants violated Sections 1, 2 and 8 of the Kentucky Constitution and KRS § 161.164, a Kentucky statute which specifically prohibits teachers and school board employees from being discriminated against because of their political opinions.”
Napier v. Breathitt Cnty. Bd. of Educ., 31 F. Supp. 3d 901 (E.D. Ky. 2014).
· cites it 4× “In his complaint, Napier asserts the following claims against all of the Defendants: Count I — violation of his Fourteenth Amendment due process rights; Count II — violation of his First Amendment rights; Count-III — intentional and unlawful discrimination in violation of KRS…”
Conley v. Pulaski Cnty. Bd. of Educ., 492 S.W.3d 574 (Ky. Ct. App. 2016).
· cites it 5× “In fact, he admitted that he was not pressured to support a particular candidate in any Board of Education election. Rather, Napier only alleges that the adverse action was taken against him due to his cooperation with the FBI, not because of any political •views or opinions he…”
Gilbert v. Frankfort Indep. Sch. Dist. (E.D. Ky. 2024).
· cites it 14× “See Ky. Rev. Stat. Ann. § 161.164 (6) (“An employee of a public school district [] shall not violate a student’s First Amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a perspective with which the student or the parent or…”
Creech v. McQuinn, 957 S.W.2d 261 (Ky. Ct. App. 1997).
· cites it 4× “Creech maintained that such political discrimination was prohibited by KRS 161.164(4). Upon appellees’ motion to dismiss, the court ruled that the action should be dismissed because Creech did not have standing to file suit under KRS 161.”
Just. v. Pike Cnty Bd of Ed (6th Cir. 2003).
““He believed position in order to punish her for her political affiliation, in this arrangement was a more economic and efficient use of violation of Ky. Rev. Stat. § 161.164(4), and discriminated district resources.”
— Ky. Rev. Stat. § 161.164(1) — 2 cases
— Ky. Rev. Stat. § 161.164(3) — 2 cases
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
“" KRS 161.164(3), (4) prohibit board members from trading their influence in personnel matters for votes, and from basing personnel decisions on an employee's "political or religious opinions or affiliations or ethnic origin or race or color or sex or age or handicapping…”
Banks v. Breathitt Cnty. Bd. of Educ., 925 F. Supp. 2d 856 (E.D. Ky. 2013).
“On December 10, 2012, Banks filed the instant action, asserting the following causes of action: (1) violation of his substantive due process rights under the Fourteenth Amendment; (2) wrongful abridgement of his rights under the First Amendment; (3) discrimination in violation…”
— Ky. Rev. Stat. § 161.164(4) — 3 cases
Conley v. Pulaski Cnty. Bd. of Educ., 492 S.W.3d 574 (Ky. Ct. App. 2016).
“In fact, he admitted that he was not pressured to support a particular candidate in any Board of Education election. Rather, Napier only alleges that the adverse action was taken against him due to his cooperation with the FBI, not because of any political •views or opinions he…”
Creech v. McQuinn, 957 S.W.2d 261 (Ky. Ct. App. 1997).
“Creech maintained that such political discrimination was prohibited by KRS 161.164(4). Upon appellees’ motion to dismiss, the court ruled that the action should be dismissed because Creech did not have standing to file suit under KRS 161.”
Just. v. Pike Cnty Bd of Ed (6th Cir. 2003).
““He believed position in order to punish her for her political affiliation, in this arrangement was a more economic and efficient use of violation of Ky. Rev. Stat. § 161.164(4), and discriminated district resources.”
— Ky. Rev. Stat. § 161.164(5) — 1 case
Gilbert v. Frankfort Indep. Sch. Dist. (E.D. Ky. 2024).
“See Ky. Rev. Stat. Ann. § 161.164 (6) (“An employee of a public school district [] shall not violate a student’s First Amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a perspective with which the student or the parent or…”
— Ky. Rev. Stat. § 161.164(6) — 1 case
Gilbert v. Frankfort Indep. Sch. Dist. (E.D. Ky. 2024).
“See Ky. Rev. Stat. Ann. § 161.164 (6) (“An employee of a public school district [] shall not violate a student’s First Amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a perspective with which the student or the parent or…”
— Ky. Rev. Stat. § 161.164(7) — 1 case
Gilbert v. Frankfort Indep. Sch. Dist. (E.D. Ky. 2024).
“See Ky. Rev. Stat. Ann. § 161.164 (6) (“An employee of a public school district [] shall not violate a student’s First Amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a perspective with which the student or the parent or…”
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