KENTUCKY LAW REFERENCE SHEET: PARENTAL CONSENT FOR MENTAL HEALTH REFERRALS
- Mary Patton
- Oct 24
- 2 min read
Understanding KRS 158.191(2)(d) — As Amended by Senate Bill 150 (2023)
Prepared by M. Patton | Special Education Advocacy & Consulting
1. The Original Law — KRS 158.191
Before 2023, KRS 158.191 established general parental rights in public education, requiring schools to:
Notify parents about certain activities or surveys;
Provide access to instructional materials;
And recognize parents as the primary decision-makers for their child’s education and well-being.
However, the statute did not clearly define procedures for parental consent in mental-health or health service referrals.
2. The 2023 Amendment — Senate Bill 150
In March 2023, the Kentucky General Assembly passed Senate Bill 150, which amended KRS 158.191 to expand and strengthen parental rights.
The revised language now explicitly includes health and mental-health referrals.
Key Addition (Effective June 29, 2023):
“School personnel make a referral:
(a) For the student to receive a school’s health services or mental health services; or
(b) To an external health care provider,
for which parental consent shall be obtained prior to the referral being made.”
3. The Current Law — As of 2025
As amended, KRS 158.191(2)(d) remains fully active and enforceable statewide.
It applies to all public schools in Kentucky, including Warren County Public Schools.
The statute requires prior written parental consent before:
-Referring a student to a school-based counselor, mental-health provider, or service, or
-Referring a student to an external provider, clinic, or hospital, including crisis centers.
📎 Live Statute Link:
4. How It Interacts with Federal Law
This requirement aligns with:
IDEA (34 CFR § 300.300–300.504): Parents must provide informed consent before services or actions affecting their child’s education or care.
FERPA (34 CFR § 99.30 & § 99.36): Schools cannot share information or make health-related disclosures without prior written consent, except in documented imminent emergencies.
Therefore, unless the district documents an actual emergency under FERPA’s § 99.36 health/safety exception, parental consent cannot be bypassed.
5.
-KRS 158.191(2)(d) is still applicable and legally binding.
-SB 150 (2023) did not remove it — it clarified and reinforced it.
-Schools must obtain written parental consent before referring a child for any mental-health service, internal or external.
-Failure to do so may constitute a violation of state law, IDEA procedural safeguards, and FERPA privacy protections.
The requirement for informed, written parental consent aligns with:
IDEA (34 CFR § 300.300–300.504) — Parents must be full participants in any decision impacting a student’s education or well-being.
FERPA (34 CFR § 99.30) — Schools cannot share or disclose student information to third parties without prior written parental consent, except in narrowly defined emergencies.
FERPA Emergency Exception (34 CFR § 99.36) — Only applies when there is a documented, imminent threat to health or safety. Schools must document what the emergency was and notify parents as soon as possible.
✨Behaviors that are predictable and disability based- are not an emergency.
The only “emergency” standard recognized in Kentucky education regulations comes from 704 KAR 7:160, which defines an emergency as:
“A sudden, urgent occurrence, usually unexpected but sometimes anticipated, that requires immediate action.”
(704 KAR 7:160 Section 1(8))
Prepared by:
M. Patton
Special Education Advocacy & Consulting
For training and parent education purposes | © 2025
Comments