2013 Kentucky Revised Statutes CHAPTER 156 - DEPARTMENT OF EDUCATION 156.132 Removal or suspension of public school officers -- Procedure, grounds, conditions.
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156.132 Removal or suspension of public school officers -- Procedure,
grounds, conditions.
As used in this section, except subsection (1), "public school officer" means a
person who previously served as a superintendent of schools or board member
during which time charges were brought against him under this section.
(1) The chief state school officer shall recommend, by written charges to the
proper school authorities having immediate jurisdiction, the removal of any
superintendent of schools, principal, teacher, member of a school council, or
other public school officer as to whom he has reason to believe is guilty of
immorality, misconduct in office, incompetency, willful neglect of duty, or
nonfeasance. In the case of a member of a school council, the written charges
shall be provided to the local board of education.
(2) The chief state school officer shall recommend by written charges the
suspension by the Kentucky Board of Education of any district board member,
superintendent of schools, or other public school officer whom he has reason
to believe is guilty of immorality, misconduct in office, incompetency, willful
neglect of duty, or nonfeasance. If the charges brought under this subsection
represent an immediate threat to the public health, safety, or welfare, the
Kentucky Board of Education shall summarily suspend the person against
whom the charges are made. The action by the Kentucky Board of Education
may be taken upon a recommendation of the chief state school officer, or the
action may be taken by a majority vote of the Kentucky Board of Education
without recommendation from the chief state school officer.
(3) The Kentucky Board of Education may suspend a district superintendent of
schools or other public school officer under subsection (2) of this section or
remove him pursuant to subsection (5) of this section only if, after thirty (30)
days of receipt of the written charges specified in subsection (1) of this section,
the proper school authorities having immediate jurisdiction, either the
superintendent or the district board of education, have refused to act, have
acted in bad faith, arbitrarily, or capriciously, or if a recommendation to the
district board would have been futile.
(4) Any officer suspended by the Kentucky Board of Education under subsection
(2) of this section shall be furnished with an emergency order specifying in
detail the reasons for suspension and notifying the officer of his right to appeal
the action and have an emergency hearing pursuant to KRS 13B.125.
(5) As an alternative to first seeking suspension, the chief state school officer may
recommend by written charges the removal by the Kentucky Board of
Education of any district board member, superintendent of schools, or other
public school officer whom he has reason to believe is guilty of immorality,
misconduct in office, incompetency, willful neglect of duty, or nonfeasance. The
officer against whom the written charges are issued by the chief state school
officer shall be furnished with the written charges and notice of procedural
rights conferred under KRS Chapter 13B. Within twenty (20) days after receipt
of the charges, the officer may notify the Kentucky Board of Education of his
intention to appear and answer the charges. Upon appeal, an administrative
hearing shall be conducted in accordance with KRS Chapter 13B. If the officer
fails to notify the board of his intention to appear and answer the charges, the
(6)
(7)
(8)
(9)
Kentucky Board of Education may remove the officer by a majority vote, and
the dismissal shall be final.
The hearing shall be public or private at the discretion of the accused former or
current superintendent and shall be public when testimony is taken for board
members.
The Kentucky Board of Education may meet in closed session to consider the
evidence and may by a majority vote remove the officer. If the board votes to
remove the officer, the board shall prepare final order specifying which charge
or charges it found to be the basis for removal. If within ninety (90) days from
the date of suspension if applicable, the state board has not removed the
officer, or has dismissed the charges, the suspended officer shall be reinstated
and shall be paid his full salary for the period of suspension.
The officer shall have a right to appeal on the record to the Circuit Court
located in the county of the school district in accordance with KRS Chapter
13B. If the decision of the court is against removal, the officer shall be paid his
full salary from the date of suspension. The payment shall be made from funds
appropriated to the State Department of Education.
If a superintendent of schools is removed from office or resigns while charges
are pending pursuant to this section after July 15, 1994, any continuing
contract pursuant to KRS 161.720 to 161.810 shall be terminated. If the
removal is reversed upon appeal, the continuing contract shall be restored and
he shall be paid his full salary for the period of suspension.
Effective:April 14, 1998
History: Amended 1998 Ky. Acts ch. 598, sec. 15, effective April 14, 1998. -Amended 1996 Ky. Acts ch. 318, sec. 46, effective July 15, 1996; and ch. 362,
sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 103, sec. 1,
effective July 15, 1994; and ch. 472, sec. 1, effective July 15, 1994. Amended
1992 Ky. Acts ch. 376, sec. 1, effective July 14, 1992. -- Amended 1990 Ky.
Acts ch. 476, Pt. II, sec. 50, effective July 13, 1990. -- Amended 1982 Ky. Acts
ch. 30, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155,
sec. 82, effective June 17, 1978. -- Created 1962 Ky. Acts ch. 244, Art. I, sec. 1.
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