Motions have been filed to dismiss a case against the Jenkins Independent School District, their superintendent Debby Watts, and football coach Larry Maggard.
They are charged with failing to report a hazing incident at the high school last fall.
During arraignment in Letcher County District Court Thursday, the judge heard arguments to dismiss the charges from both the attorney for the school district, Jonathan C. Shaw, and the attorney for Watts and Maggard, Bennett E. Bayer.
Both cite the recent Kentucky Supreme Court case Turner v. Nelson.
The ruling says, "The mandatory reporting requirement does not apply when a child inappropriately touches another child."
Shaw also added that the statute states any person who knows, and the school district is not a person as defined by the statute.
"After hearing your arguments, I want to read the case law a little bit closer," said Judge Dennis Prater said.
The Commonwealth's Attorney Howard Keith Hall says that the Kentucky Supreme Court case should not apply because they are two totally different cases.
A pretrial conference has been set for October 27th.