Whenever a teacher, classified employee, or school administrator is functioning in his
capacity as an employee of a board of education of a public school system, it shall be
unlawful for any person to direct speech or conduct toward the teacher, classified
employee, or school administrator when such person knows or should know that the
speech or conduct will disrupt or interfere with normal school activities or will nullify or
undermine the good order and discipline of the school.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 76, sec. 1, effective June 24, 2015. -- Repealed
and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 483, effective July 13, 1990. --
Amended 1986 Ky. Acts ch. 255, sec. 1, effective July 15, 1986. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4503-8.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1971–2025 · leading case:
Shoemaker v. State, 38 S.W.3d 350 (Ark. 2001).
Shoemaker v. State, 38 S.W.3d 350 (Ark. 2001).
· cites it 3× “2d at 230 (quoting KRS 161.190). Noting that the court could adopt a limiting construction of the statute which might avoid the constitutional defects, the court declined to “cut and paste” the legislation in order to save it and concluded that it would be “hard-pressed to find…”
Ammerman v. Bd. of Educ., Nicholas Cnty., 30 S.W.3d 793 (Ky. 2000).
· cites it 2× “The trial court dismissed Appellants' claims, finding that Appellants had failed to state a claim for relief for breach of contract; that the tort claims were not actionable and were otherwise time-barred; that the claims alleging violations of KRS 161.190 and 161.164 were not…”
Commonwealth v. Ashcraft, 691 S.W.2d 229 (Ky. Ct. App. 1985).
· cites it 9× “This is an appeal on behalf of the Commonwealth from a judgment of the Owen Circuit Court which found KRS 161.190 unconstitutional. That statute provides as follows: No person shall upbraid, insult or abuse any teacher of the public schools in the presence of the school or in…”
Masters v. Commonwealth, 551 S.W.3d 458 (Ky. Ct. App. 2017).
· cites it 11× “Masters was charged with violating KRS 161.190, a misdemeanor offense, two days later.”
Com. v. Ashcraft, 691 S.W.2d 229 (Ky. Ct. App. 1985).
· cites it 9× “This is an appeal on behalf of the Commonwealth from a judgment of the Owen Circuit Court which found KRS 161.190 unconstitutional. That statute provides as follows: No person shall upbraid, insult or abuse any teacher of the public schools in the presence of the school or in…”
Jefferson v. Jefferson Cnty. Bd. of Educ., 184 F. Supp. 2d 622 (W.D. Ky. 2002).
· cites it 2× “Based on the foregoing events, the plaintiff has sued Qureshi for defamation, tortious interference with her employment, and abuse of a teacher under Ky.Rev.Stat. § 161.190. 3 She has also made claims against JCPS (by and through the Jefferson County Board of Education),…”
Spurlock v. Howard (E.D. Ky. 2024).
· cites it 2× “KRS 161.190 provides: Whenever a teacher, classified employee, or school administrator is functioning in his capacity as an employee of a board of education of a public school system, it shall be unlawful for any person to direct speech or conduct toward the teacher, classified…”
Owens v. Commonwealth, 473 S.W.2d 827 (Ky. Ct. App. 1971).
“” A companion statute, KRS 161.190, provides : “No person shall upbriad, insult or abuse any teacher of the public schools in the presence of the school or in the presence of a pupil of the school.”
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