LEGISLATIVE UPDATE
Representative Scott Sharp
How SB 181 impacts teacher-student communications
During the 2025 Regular Session, the General Assembly passed several pieces of legislation focused on protecting and supporting Kentucky’s most vulnerable. Without a doubt, at the top of that list are our children. One of the most significant measures passed to protect our youth was Senate Bill 181. This legislation addresses electronic communications like texts between school employees or volunteers and students by providing schools, parents, and teachers with professional electronic communication standards.
Under SB 181, the student-teacher electronic communication policy will follow the same guidelines across all 171 school districts in the commonwealth. School districts have flexibility in determining specific details, but this legislation requires school staff and volunteers to use a traceable communication system for all electronic communications with students and prohibits the use of personal platforms without written parental consent.
Student-teacher communication has changed a lot with the rise of technology and social media. In the past, communication was mostly limited to the classroom, parent-teacher conferences, or occasional notes and phone calls. Today, platforms like email and learning management systems like Google Classroom allow students to reach out to teachers anytime, often receiving quicker responses – but most of them are traceable and easy to monitor. Social media and digital tools have also made school staff, coaches, and volunteers more accessible and approachable without the benefit of being easy to monitor and trace. Private communications on platforms allow predators to reach students out of sight of those who could have prevented the situation before it escalated to irreversible harm. This shift also brings new challenges, including blurred boundaries and concerns about professionalism and privacy. With SB 181, we took a major step forward in expanding existing protections for both students and educators.
Of course, with change often comes confusion. Frankly, there are a whole lot more questions than answers right now as the Kentucky Department of Education (KDE) and school districts implement the bill. However, the bottom line remains that as technology changes, so must our policies.
Since this bill takes effect at the end of this month, we are seeing a growing number of social media posts from educators who are trying to do the right thing and follow the law. However, most are doing so before their districts have adopted a policy and provided guidance. Districts are doing so now, so hopefully we will have more information in the days to come. We will certainly know if the new law has to be amended to provide better clarity.
The Kentucky Department of Education is the regulatory body responsible for providing guidance and ensuring districts comply with the law. In May, they issued their annual legislative guidance, with a section on SB 181 that states: “There is already law, KRS 156.675, and regulation, 701 KAR 5:120, that require districts to use KETS product standards for all district email and internet content management systems for the specific purpose of being able to track and immediately inspect email communications and internet usage of KY K-12 students and adults. While the district’s email service continues to be one of the legally required communication tools detailed in this bill, districts must now also consider ALL forms and types of electronic communications used with students.”
The Kentucky School Boards Association (KSBA), which provides services like training, legal counsel, and advocacy to its membership, has published a question-and-answer sheet. The organization also generates a standard board policy that districts adopt. As part of the 2025 board policy updates, KSBA has given districts sample guidelines and a sample procedural consent form they can use or build from that designed to capture what is required for consent.
Frequently Asked Questions:
Q: How will parents know what traceable platforms the district will use?
A: Within the first ten days of the school year, districts must let parents know what traceable system the school is using and how to see communications between their child, teachers and volunteers.
Q: Does this mean faculty, staff, or volunteers can’t operate a social media page for school activities?
A: School districts are responsible for setting a policy that conforms to the law. Some districts may allow faculty and staff to operate pages on social media for school clubs without allowing comments or responding to direct messages. Reach out to your school or district to understand their social media policy.
Q: As a parent, can I “follow” or “friend” my child’s teacher on social media or text them directly? If I do, can they “like” pictures of my child that I have posted?
A: This law does not apply to electronic communications between teachers, staff, volunteers and parents. Since you are not a student, you can engage these individuals and they can “like” or comment on your posts.
As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via email at Scott.Sharp@kylegislature.gov and keep track through the Kentucky legislature’s website at legislature.ky.gov.
