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Senate adopts changes to Kentucky 'traceable communications' law, adds exemptions and clarifications in SB181
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Summary
Senate Bill 181, described by its sponsor as the state's 'traceable communications' law, was amended to add notification requirements in investigations, allow electronic communications exemptions for school resource officers and pupil personnel directors, and redefine 'parent' to align with FERPA; the Senate passed the bill unanimously.
The Kentucky Senate on Jan. 27 passed Senate Bill 181 with floor amendments that sponsors said will ease implementation of the state's traceable communications law in schools.
Senator Odom, who explained the committee substitute and moved for its adoption, said the statute has been in effect since 2025 and generated implementation challenges. "Since becoming law, there has been wide support of the intent of the bill," Odom said, and the changes reflect stakeholder feedback and a desire to ‘‘make the implementation easier but not changing the intent of the bill." She described four categories of edits including redefining "parent" to align with the Family Educational Rights and Privacy Act (FERPA), clarifying additional family-member exemptions, and refining the definition of school volunteer so districts have discretion for volunteers not continuously present in schools.
Senator from Oldham explained two floor amendments adopted on the chamber floor: floor amendment 1 requires notification when disciplinary action is taken during an investigation process, and floor amendment 2 "allows an additional exemption to the current bill for electronic communications between a school resource officer and also a director of pupil personnel to communicate with students." Both floor amendments were adopted by voice vote.
During the roll call, several members rose to explain their votes, including Senator Nunn who praised the sponsor for reconciling concerns, and the senator from Taylor who thanked stakeholders who worked on corrections. The clerk recorded 33 yays and no nays; SB181 as amended was declared passed and is tied to an emergency declaration in its caption.
The sponsor said changes were cleared with former victims and with education stakeholders to preserve the bill's integrity while addressing implementation challenges. The measure's reference to FERPA aligns parental definitions with existing school privacy practice, according to the sponsor's explanation on the floor.
Because the action taken was passage as amended, further administrative rulemaking or district-level guidance may be required to clarify implementation details noted by members on the floor.
