2013 Kentucky Revised Statutes CHAPTER 156 - DEPARTMENT OF EDUCATION 156.844 Local board's petition to commissioner of education seeking power to manage and control state-operated secondary vocational education and technology center -- Issues related to transfer of employees.
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156.844 Local board's petition to commissioner of education seeking power
to manage and control state-operated secondary vocational education
and technology center -- Issues related to transfer of employees.
(1)
(2)
(3)
(4)
(5)
A local board of education may submit a request to the commissioner of
education to assume authority for the management and control of a
state-operated secondary vocational education and technology center. Upon
agreement between the commissioner of education and the local board of
education for the transfer of a state-operated secondary vocational education
and technology center, all personnel, equipment, and supplies shall be
transferred to the local board of education and shall be utilized for the
operation of the locally operated vocational center.
A certified employee who is affected by a transfer to the local board of
education under subsection (1) of this section shall be granted a one (1) year
limited contract by the local board of education and shall be employed on the
local district salary schedule. A classified employee shall be guaranteed
employment equal to his or her present status for at least one (1) complete
school term. A transferred employee shall be provided the benefits of
comparable employees in the district and shall be subject to all rules and
policies of the local board of education, including but not limited to disciplinary
and personnel actions that are the same as those that may be exercised by the
district for any other employee in the district during a contract period.
A transferred employee who has accrued annual leave and compensatory time
shall be paid a lump sum for the accrued time at the effective date of the
transfer by the Department of Education. The employee shall be granted credit
for accrued sick leave up to the maximum allowed for transfers of teachers
between school districts. Sick leave credit shall be awarded to a classified
employee based on the local board policy. Any excess sick leave that a
classified or certified employee has earned that the district will not accept in the
transfer may be requested to be held in escrow by the appropriate state
personnel system under KRS Chapter 18A or KRS 156.800 to 156.860, and
the sick leave balance shall be restored to the employee if the employee
returns to a state government position.
An employee who is to be transferred to a local board of education under
provisions of this section but who chooses not to accept a one (1) year limited
contract with the board shall be separated from the state system and the
employee's position shall be abolished. The employee may apply for any state
position for which the employee is qualified but shall not be granted priority
over other applicants for a position because the employee's position was
abolished due to a transfer of the vocational education and technology center.
An employee who refuses a contract with the local board shall be provided a
lump-sum payment for accrued annual leave and compensatory time, and the
employee's sick leave balance shall be placed in escrow by the appropriate
state personnel system under KRS Chapter 18A or KRS 156.800 to 156.860.
The sick leave balance shall be restored to the employee if the employee
returns to a state government position.
A certified employee, other than a principal, who has earned continuing status
in the state certified personnel system under KRS 156.800 to 156.860 may be
(6)
(7)
granted tenure under the provisions of KRS 161.740(1)(c). A principal may be
granted tenure as a teacher, but the provisions relating to demotion of the
principal under KRS 161.765 shall apply.
An employee of the Office of Career and Technical Education who is
transferred to the local school district and who occupies a position covered by
the Kentucky Teachers' Retirement System shall remain in the Kentucky
Teachers' Retirement System.
After the effective date of the transfer, the local board of education shall
receive funding for the support of the local board of education center
operations pursuant to KRS 157.069. In addition, the local board of education
shall receive one hundred percent (100%) of the Support Education Excellence
in Kentucky program funds from the Department of Education that are
generated from students enrolled in the center.
Effective:June 25, 2013
History: Created 2013 Ky. Acts ch. 59, sec. 4, effective June 25, 2013.
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