Kentucky School Social Media Laws & FOIA Compliance

Kentucky

Kentucky School Social Media Laws & FOIA Compliance

Social media gives Kentucky districts a powerful way to tell their story—but it comes with a compliance reality many teams underestimate: under state law, official school social media accounts are public records, open to the same kind of request as a paper file.

Understanding FOIA in Kentucky

Since 1967, the federal Freedom of Information Act (FOIA) has guaranteed the public’s right to access records held by government agencies. FOIA itself applies to federal agencies, but it set the legal and cultural expectation of transparency that every state has since built on—extending the same basic right to state and local government bodies, including public school districts. Because districts are funded by taxpayers and governed by elected boards, that standard applies to them too, and it covers more than paper records: it covers what they post on social media.

How Kentucky Extends FOIA

Kentucky establishes this right at the state level through the Kentucky Open Records Act, KRS 61.870 to 61.884, which covers every public agency, including school district boards, and defines a public record as any documentation, regardless of physical form or characteristics, that an agency prepares, owns, uses, possesses, or retains. The Kentucky Department for Libraries and Archives states that social media content meets that definition and must be managed under approved retention schedules. In 2023, the Attorney General found that the Kentucky Department of Education violated the Act by denying a request for records about its social media posts and comment deletions (23-ORD-168). For districts, that means posts, comments, and messages on official social media accounts should be managed as public records, ready to search and produce on request.

Kentucky Public Records Law at a Glance
State Law Kentucky Open Records Act
Statute Citation KRS 61.870 to 61.884
Last Amended HB 520 (effective June 27, 2025), which amended the Act’s exemptions in KRS 61.878
Response Timeframe Five days, excluding weekends and legal holidays (KRS 61.880(1)); longer delays require a detailed explanation (KRS 61.872(5))
Records Retention Requirement KDLA Public School District Schedule: routine correspondence 2 years (L5304), official correspondence permanent (L5303), media releases 1 year or permanent (L2468)
Common Exemptions Personal privacy (KRS 61.878(1)(a)), preliminary drafts and recommendations ((1)(i)–(j)), and records confidential under federal or state law, including FERPA ((1)(k)–(l))

What This Means for Kentucky School Social Media

  • Every post, comment, edit, and deletion across your district’s official accounts may be subject to disclosure—not just what’s currently visible on the page.
  • Kentucky districts must respond to a records request within five days, excluding weekends and legal holidays—so your team needs records ready to search.
  • Kentucky’s state archives treats social media content as public records governed by the same retention schedules as other district records, so social media content needs the same retention discipline as paper files.
  • Some content may be exempt from disclosure (e.g., FERPA-protected student information), but knowing what qualifies requires careful, consistent review.
  • Without an automated system, gathering this information manually can take days; Class Intercom captures it in real time so your team is always ready.

Frequently Asked Questions

Is school social media considered a public record in Kentucky?
Yes. The Kentucky Open Records Act covers school district boards and defines public records regardless of physical form. Guidance from the Kentucky Department for Libraries and Archives states that social media content meets that definition, so posts and comments on official district accounts should be retained and produced like other records.
How long must Kentucky school districts retain social media records?
Retention depends on content. Under the KDLA Public School District Records Retention Schedule, routine correspondence is kept two years, official correspondence permanently, and routine media releases one year. Content tied to litigation or an active records request must be preserved regardless.
What is the response timeframe for a public records request in Kentucky?
Districts must respond within five days, excluding Saturdays, Sundays, and legal holidays (KRS 61.880(1)). If records are in active use or storage, the district must give a detailed explanation and the earliest date they will be available (KRS 61.872(5)).
Does Kentucky restrict student cell phone use in schools?
Yes. HB 208 (2025) requires every board of education to adopt a policy that, at a minimum, prohibits student use of personal devices during instructional time. Exceptions cover emergencies and use directed or authorized by a teacher.
How does Class Intercom help Kentucky districts stay compliant?
Class Intercom automatically archives every post, comment, edit, and deletion across a district’s social media accounts in real time, making it possible to respond to a Kentucky Open Records Act request in minutes rather than days.

Social Media Archiving, Made Easy for Kentucky Schools

Class Intercom automatically archives every social media activity across your accounts—posts, comments, edits, and deletions—the moment it happens. Built-in search means responding to a records request takes minutes, not a frantic scramble through screenshots, and one-click export makes sharing archived records with requesters simple.

  • Automatic, real-time archival across every account and platform—no manual exports or gaps
  • Search and export records instantly for open records requests, with formatted, share-ready reports
  • Purpose-built for the recordkeeping and transparency standards Kentucky schools are held to
  • A complete records management system for social media record retention—not just occasional screenshots
  • Keyword flagging, comment monitoring, and complete audit trails protect your district’s reputation

Class Intercom brings social media management, community engagement, and archival compliance together in one platform built specifically for schools—so Kentucky districts don’t need separate systems for publishing, engagement, and records management.

See How Archival Works →
Illustration of Class Intercom social media archival and compliance tools
Enacted—District Policy Required

Kentucky’s Approach to Student Phone Policies

Governor Andy Beshear signed HB 208 on March 26, 2025, and it took effect June 27, 2025, in time for the 2025–26 school year. Every local board of education must adopt a policy that, at a minimum, prohibits students from using personal devices during instructional time. Districts may go further, and some restrict phones for the whole school day.

The law expressly allows use when a teacher directs or authorizes it for an instructional purpose, and it lets teachers authorize student access to social media for instruction. That’s the provision that lets a journalism or media teacher authorize supervised, in-class use of a tool like Class Intercom for school-sanctioned content creation.

Read the Bill →
Key Provisions
  • Every district must adopt a student device policy
  • Student use banned during instructional time, at a minimum
  • Emergency use and teacher-directed or teacher-authorized use allowed
  • Devices required under IDEA, the ADA, or the Rehabilitation Act exempt

Digital Citizenship & Digital Literacy in Kentucky Schools

Digital citizenship and media literacy matter for Kentucky students now more than ever—recognizing misinformation, protecting their own privacy, and using social platforms responsibly are skills Kentucky expects every graduate to demonstrate. Authentic, hands-on practice—like helping manage real school social media under supervision—builds those instincts far better than a worksheet does.

Digital Citizenship Standard

Kentucky Academic Standards for Technology

Under 704 KAR 8:090, Kentucky’s technology standards include a Digital Citizen strand covering privacy, digital permanence, and acceptable use of social media, and technology competency is a graduation requirement. An updated edition is now proposed, with written comments due October 31, 2026.

Bullying & Online Safety Law

Kentucky Bullying Law—KRS 158.148

Every district code of conduct must prohibit bullying, defined as repeated unwanted behavior at school or behavior that disrupts the education process. Separately, KRS 525.080 makes it a Class B misdemeanor for a student to send harassing communications about another student by phone, internet, or other electronic means.

Meta Settlement Update

What the Meta Settlement Means for Kentucky Schools

In August 2026, Meta agreed to a $17.1 billion multistate settlement. Kentucky, one of four states that led the case, will receive $358 million over ten years, with default protections for minors including no push notifications from 8am–3pm on school days.

What Class Intercom Delivers for Kentucky Districts

Kentucky schools are already using Class Intercom to create, schedule, moderate, publish, monitor, and archive great social media—all in one place. The results:

Stronger Community Connections

Build stronger community-to-school connections through consistent, authentic storytelling across every platform.

Creative Student & School Stories

Give students and staff a creative outlet to voice real school and classroom experiences.

Responsible Digital Citizens

Help students learn to be responsible digital citizens while gaining real-world digital marketing skills.

Peace of Mind on Public Records

Rest easy knowing every post is archived and searchable the moment a records request comes in.

A student photographing a school event with a camera

Empowering Student Voice in Kentucky Schools

Student voice is integral to telling your school district’s story through social media. With built-in moderation features that encourage collaboration and feedback among students, educators, and administration, Class Intercom empowers students to safely take ownership of their school’s narrative—while gaining real-world digital marketing skills and practicing responsible digital citizenship.

Learn More

Resources for Kentucky Schools

Primary sources for everything referenced on this page—bill text, statutes, court filings, and agency guidance—so your team, your board, or the press can verify the details firsthand.

See Public Records Laws in All 50 States →

Ready to Simplify Compliance & Community Engagement for Your Kentucky District?

See how Class Intercom brings social media management, community engagement surveys, and archival compliance together in one platform built for schools.