Here is guidance on the new regulation from the Kentucky School Boards Association and the Kentucky Education Association.  This helps answer a lot of questions.  KEA is concerned about how it will be enforced.  Accidental and innocent communication is an automatic report to the teacher certification board (EPSB) and disciplinary action will follow.

KSBA: https://filecabinet7.eschoolview.com/1365B58C-F95F-4E75-94BB-A29D9A94F1C7/6647366c-0288-4eed-8b64-6edf175d1f68.pdf

KEA: https://www.kea.org/wp-content/uploads/2025/06/SB181-Guidance-6-25-25.pdf

 

Sadly I believe it is coming down to "only communicate with your athletes when physically in your presence". Unless your sending broad announcements to their parents and them. If not, your going to be pushing one of the guidelines. 

KEA GUIDANCE
BY KEA LEGAL SERVICES, June 2025

[Redacted] requiring any and all electronic communications between school employees/volunteers and students to occur on a traceable communication system (application or program) designated by the local board of education. The KEA Board voted to oppose the [Redacted], as we shared with members via KEA communications and the online KEA [Redacted] Tracker Report during the session. The [Redacted] becomes law effective June 27, 2025, and must be implemented by local districts for the coming school year.

[Redacted] SUMMARY
• ANY electronic communication between a district employee or volunteer and a student must
occur on the traceable communication system adopted by the local board.
• ANY electronic communication with a student outside of that system is deemed an “unauthorized
electronic communication” and shall result in disciplinary action against the employee by the
district and the EPSB. Any volunteer violating the policy shall be banned.

EXCEPTIONS
• If the employee/volunteer is a family member of the student, defined as a parent, brother, sister,
son, daughter, aunt, uncle or grandparent, or;
• If the student’s parent signs and files a written consent authorizing a specific school employee to
communicate electronically with their child outside of the board’s designated system and files it
with the school office BEFORE the student communication occurs. A separate form must be filed
for each employee or volunteer being granted consent and the consent is not transferable to any
other school employee/volunteer. WRITTEN PARENTAL CONSENT CAN BE REVOKED AT ANY TIME.

NOT EXCEPTED
• Family members not specifically listed in the statute (step-parents, cousins, family friends, etc.).
• Outside work activities that do not involve school duties but require communicating with students
of the district (i.e. summer leagues, church groups, boy/girl scouts, tutoring, music lessons,
summer camps, etc.).

RECOMMENDATIONS
• Do NOT volunteer to load the district’s designated program(s) or app(s) on your personal phone
due to privacy and security concerns. Only use the designated program/app on a school supplied
device (laptop, tablet, work cellphone).
• DO follow your local board policy.
• Do NOT communicate directly with any student (other than a family member fitting the definition
above) through your personal cellphone, personal email, or social media apps.
• Do NOT provide students with your personal cellphone number, personal email, or social media
addresses.
• DO obtain written consent from the parent and file a copy with the administrative office of the
student’s school PRIOR TO any electronic communication with a student if the communication
will occur outside of the district designated program(s). Keep a copy.
• Do NOT respond to any unsolicited electronic communication from any student outside of the
designated program(s)/app(s) if written parental consent has not been obtained and properly filed.
• If you have non-school related obligations that require you to communicate with students outside
of the school setting, contact your KEA Uniserv Director for guidance prior to engaging in
communications.
• Do not worry about hypothetical situations but do contact KEA if you have a real-life conflict with
the new law BEFORE you act.

https://www.kea.org/wp-content/uploads/2025/06/SB181-Guidance-6-25-25.pdf

Private schools have to follow this law also.  Correct?

Understanding [Redacted]
Traceable Communications
FAQs

[Redacted], requires school boards to adopt a traceable communication system that “shall be the exclusive means for school district employees and volunteers to communicate electronically with students.”

The spirit of the [Redacted] is one we can all agree on: protecting students, encouraging more parental involvement and safeguarding school communications. [Redacted], districts are now tasked with overseeing broad new restrictions on employee and volunteer communications with students.

As districts prepare to implement new policies for adhering to [Redacted], several questions have arisen. KSBA has compiled the following answers to frequently asked questions to clarify key aspects [Redacted].

Note: This is summary information and is not meant to reflect all situations. School board members and district administrators should always consult their school board attorney on matters of policy. 

 

When will [Redacted] go into effect?

[Redacted], will go into effect on June 27. Local school boards must adopt/approve their local policies each year by the statutory deadline of Aug. 15. (KRS 160.340).

Additionally, the law requires that districts must communicate with parents/guardians about the traceable communication systems – including instructions for accessing those communications tools – within the first 10 days of school. [Redacted] states:

“The principal of each public school shall provide parents written or electronic notification within the first ten (10) days of the school year of each electronic school notification and communication program designated within the traceable communication system. The notification shall include instructions for parents to access and review communications sent through each electronic school notification and communication program.”

Does [Redacted] require school boards to adopt the use of a singular mode of communication for authorized student communications by district employees and volunteers?

No. The term "traceable communication system" is defined in the law as “one (1) or more electronic school notification and communication programs or applications” that meet specific criteria. Districts are not limited to a singular program/application. 

 

What qualifies as traceable communications programs/platforms?

The law requires the local school board to approve programs(s)/platform(s) that trace all communications sent to or by a student and that provide parents/guardians an opportunity to access and review all communications. Many types of communication tools can fall under the category of “traceable communication system,” pending board approval. Districts across Kentucky already use traceable platforms, such as ParentSquare, Apptegy, Google Classroom, district email, etc.

Just as important as adopting the approved traceable communication tools, is ceasing all use of “unauthorized electronic communication” with students. For instance, employees and volunteers may be accustomed to using text messaging as a convenient means of communicating with students. Under the new law, text messaging with students would be prohibited as, in most cases, the exchange would not be fully traceable or reviewable/accessible by parents/guardians.

Note: “Electronic communication” is not defined in the law. Other statutes in the KRS define “electronic communication” to include “any transfer of information, including signs, signals, data, writings, images, sounds, text, voice, and video….” This broad definition could include many unanticipated forms of communication up to and  including voice and video communications, two-way communications within Google Classroom between a teacher and student, or devices used by disabled students. Each district will have to make their own determination.

 

Exactly who is prohibited from communicating electronically with students outside of the district’s approved traceable communication system.

The law defines school district employee or volunteer as “a school administrator, classified or certified employee of a school district, school volunteer, nonfaculty coach or assistant coach, student teacher, or sponsor of an extracurricular program or activity.” This definition likely also includes substitutes and virtually every type of volunteer from classroom volunteer to extracurricular volunteers to chaperones.

The definition does not include school board members, SBDM parent representatives, PTA/PTO members or individuals serving in booster, vendor or independent contractor capacities, so they would not be restricted to using only the approved traceable communication system – regardless of if they work directly with students.

 

Are there any exceptions that allow employees to use student communications tools that are not part of the approved traceable communication system?

Family members (parent, brother, sister, son, daughter, aunt, uncle, or grandparents) and legal guardians who are employees or volunteers are exempt from this policy when communicating with their own children.

Note: As written, not all family members fall under the exceptions, only those listed above. Cousins and inlaws, for instance, would be subject to the communications restrictions set forth in [Redacted].

Furthermore, the [Redacted] allows a parent or legal guardian to submit written consent for a designated employee or volunteer to communicate with his/her student outside of the traceable communication system. Each consent form applies to an individual employee or volunteer. Or, as the law reads, “a single, specific school district employee or volunteer per each consent form.” That means there would need to be a consent form for each individual employee or volunteer that the family wishes to exempt from the traceable communications. For instance, one consent form could not be submitted to exempt all four basketball coaches. Instead, written consent would need to be submitted for each individual coach.

As part of the 2025 board policy updates, districts have received from KSBA a model procedural consent form they can use or build from that designed to capture what is required for consent. (Procedure 08.2324 Ap.2)

 

How long are the consent forms effective? Until the end of the school year? Until the student graduates/advances from the school? 

The law does not identify the effective dates of consent. The [Redacted] allows the consent to be “revoked at any time.”

 

What about instances in which an employee or volunteer serves in a capacity outside of school that merits communication with the student, such as a youth minister, piano teacher, neighbor, etc. Would he/she be required to restrict all electronic communications with the student to those within the traceable communication system, even in instances where the communications are not school related?

As written, the [Redacted] captures all communication between any student and any employee or volunteer in any setting under all circumstances (with exceptions only for close family.) The [Redacted] does not make any distinction regarding the reason for the communication, and it does not require the communication to be connected to the student’s role as a student or the district employee/volunteer’s role as an employee/volunteer.

 

What happens if an employee or volunteer is alleged to have communicated with a student electronically outside of the approved traceable communication system? 

If a district employee or volunteer is aware of alleged unauthorized electronic communications between a district employee or volunteer and a student, he/she “shall immediately notify the supervising principal.” (If the allegation is against the principal, the notification can be made to the superintendent. If the allegation is against the superintendent, the notification can be made to the school board chair.)

The district must then notify the parents of each student who is an alleged party to the unauthorized communication. The district must also investigate the allegation and  respond accordingly.

 

What response or disciplinary action is required in the event of alleged violation of the traceable communication system policy [Redacted].

If it is determined that there was a violation to this policy (unauthorized communication between an employee or volunteer and a student), the law outlines disciplinary steps. 

Classified employees who are found to have violated this policy will be subject to existing disciplinary action in accordance with KRS 161.011.

Certified employees who are found to have violated this policy must be reported to the Education Professional Standards Board which is separately required to “promptly investigate” the allegations and take appropriate disciplinary action.

Volunteers who are found to have violated this policy “shall be prohibited from future school volunteer opportunities.” 

 

What about instances where the unauthorized communications were accidental or otherwise innocuous?

There is no exception for accidental or innocuous communication. From the [Redacted]: “Unauthorized electronic communication . . . means an electronic communication with a student by a school district employee or volunteer who is not the student’s family member that occurs outside of a designated traceable communication system and without prior written parental consent.” This encompasses all communication between any student and any employee or volunteer in any setting under all circumstances for any reason.

 

This resource was compiled by:
Kentucky School Boards Association (KSBA)
(800) 372-2962
ksba.org
260 Democrat Drive
Frankfort, KY 40601

https://filecabinet7.eschoolview.com/1365B58C-F95F-4E75-94BB-A29D9A94F1C7/6647366c-0288-4eed-8b64-6edf175d1f68.pdf

In short, the ending summarizes it, the answer is no, no communication at all other than within the designated traceable communication system(s) or there is prior written parental consent.

There is no exception for accidental or innocuous communication. From the [Redacted]: “Unauthorized electronic communication . . . means an electronic communication with a student by a school district employee or volunteer who is not the student’s family member that occurs outside of a designated traceable communication system and without prior written parental consent.” This encompasses all communication between any student and any employee or volunteer in any setting under all circumstances for any reason.

Thank you to @brooksville for sharing those official links, it is greatly appreciated. 

1 hour ago, Purple88 said:

Private schools have to follow this law also.  Correct?

I don't know the answer to this but we are going to find out, anyone?

And when I read this one part from the new law, "The principal of each public school shall..." I am thinking it may not apply to private schools or that wording would be different/more inclusive. 

Anyone?

Catholic schools are already familiar with this to some extent because of the need to acquire Virtus certification for anyone who is associated with children and vulnerable adults.

3 minutes ago, nkypete said:

Catholic schools are already familiar with this to some extent because of the need to acquire Virtus certification for anyone who is associated with children and vulnerable adults.

That was my initial thought, that the Catholic school employees all go through Virtus training so they have been way ahead of the curve on this issue.

From Google:

What is a Virtus certification?

The Virtus -- Protecting God's Children program educates and trains adults (clergy, religious, teachers, staff, volunteers, and parents) about the dangers of abuse, the warning signs of abuse, and responding to allegations of abuse.

Just now, theguru said:

That was my initial thought, that the Catholic school employees all go through Virtus training so they have been way ahead of the curve on this issue.

From Google:

What is a Virtus certification?

The Virtus -- Protecting God's Children program educates and trains adults (clergy, religious, teachers, staff, volunteers, and parents) about the dangers of abuse, the warning signs of abuse, and responding to allegations of abuse.

Yeah, there is initial training to receive the Virtus certification and then we are required to view monthly bulletins and answer questions to continue the certification.  If we fall too far behind, a moderator knows it and we can be removed from our role.  Since we are all busy, it is easy to fall behind or miss a monthly email.  Fortunately, there are "catch-up" months available from bulletins that we might have missed.  You would not believe the range of topics that are covered.  Some complain, but I personally think it is a small price for us to pay if we can get educated and protect the kids.

Just finished Jack Givens book “They Call Me Goose” and he talks a lot about the impact his basketball Coach Bobby Barlow had on his life.  He considered him much more than a coach…a father figure…spent personal time counseling…occassionally much needed food….taught him to fish…and how to be a responsible man.  Bobby was known by my generation as a very devout Christian man that never cussed.  In today’s world and KHSAA guidelines, I have no idea how a man like Bobby Barlow could make as big a difference on young men’s lives.

I'll need to find out about private schools because I haven't heard anything about it from school. Catholic schools in Louisville have to take safe environment class from Archdiocese but this new law is more strict.

22 minutes ago, Tigerpride94 said:

I'll need to find out about private schools because I haven't heard anything about it from school. Catholic schools in Louisville have to take safe environment class from Archdiocese but this new law is more strict.

I know of at least TWO Catholic schools in Louisville that are having meetings about this very subject.

My GUESS is they will follow this as it seems to be law. There will be lawsuits concerning this is also a GUESS.

In my men’s group this morning (just 25 old guys Seeking) we talked about our testimony.  The amazing common thread was the presence of a Christian mentor in our teenage and/or early adult years.  Seemed like maybe half were non-family related.  Sure glad we were not insulated from their presence and influence.