Kentucky Attorney General Russell Coleman's office says a new law requiring educators and school volunteers to use traceable forms of communication with students does not appear to violate their First Amendment rights.
After the measure passed unanimously earlier this year, some educators and groups raised concerns that the measure – which advocates say was proposed as a way to prevent inappropriate communication between adults and students – stretched beyond what it's intended to prevent.
Right before the law took effect in June, Republican state Rep. Kim Holloway of Mayfield requested that the attorney general provide clarification on over a dozen questions regarding Senate Bill 181. The AG's office issued an opinion on Friday to address the scope of the new law.
One of those questions Holloway submitted was whether SB 181 violates free speech or religious liberty rights protected under the First Amendment. While the opinion from Coleman's office states that teachers have certain First Amendment protections while in schools, it argues that the measure does not prohibit any speech by school employees or volunteers – rather that it "merely directs that such speech when directed at students comply with reasonable restrictions."
In a statement, Republican state Sen. Lindsey Tichenor, the bill's sponsor, said the AG's opinion is a "powerful validation" of the measure's intention to establish boundaries between students and adults in public school settings in the digital age.
"Let's be clear — this bill was never about punishing teachers or coaches. It's about stopping bad actors and preventing inappropriate, untraceable communication with students," Tichenor said. "The Attorney General's office made it clear: this law stands on firm legal ground and gives local districts the tools they need to implement it fairly and effectively."
Coleman's office also said in its opinion that SB 181 doesn't distinguish between school-related and non-school-related communications – a finding that lines up with guidance the Kentucky Department of Education issued last month. That means – unless parents or guardians file consent forms with their school districts – public school employees and volunteers would need to use traceable channels to talk with students about activities outside of school like summer sports leagues, part-time jobs and church classes.
Local boards of education at each public school school district will need to designate acceptable traceable communications channels for employees and volunteers to use when directly reaching students. Some of the methods districts have approved so far include tools in Google's G-Suite platform, district-issued emails and other specially designed traceable communications apps.
Additionally, the opinion states that SB 181 applies only to students who are in the district that the employee or volunteer serve in. It also says the measure does not apply to private school employees or volunteers.
Opinions from the Kentucky AG are not enforceable by law, but the office typically expects public officials to follow them.
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