2014 Kentucky Revised Statutes CHAPTER 160 - SCHOOL DISTRICTS 160.380 School employees -- Restrictions on appointment of relatives, violent offenders, and persons convicted of sex crimes -- Restriction on assignment to alternative education program as disciplinary action -- National and state criminal history background checks on applicants, new hires, and school-based decision-making council parent members -- Application and renewal forms -- Employees charged with felony offenses.
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160.380 School employees -- Restrictions on appointment of relatives, violent
offenders, and persons convicted of sex crimes -- Restriction on
assignment to alternative education program as disciplinary action -National and state criminal history background checks on applicants,
new hires, and school-based decision-making council parent members -Application and renewal forms -- Employees charged with felony
offenses.
(1)
(2)
As used in this section:
(a) "Alternative education program" means a program that exists to meet the
needs of students that cannot be addressed in a traditional classroom
setting but through the assignment of students to alternative classrooms,
centers, or campuses that are designed to remediate academic
performance, improve behavior, or provide an enhanced learning
experience. Alternative education programs do not include career or
technical centers or departments;
(b) "Contractor" means an adult who is permitted access to school grounds
pursuant to a current or prospective contractual agreement with the
school, school board, school district, or school-affiliated entity, at times
when students are present. The term "contractor" includes an employee
of a contractor;
(c) "Relative" means father, mother, brother, sister, husband, wife, son,
daughter, aunt, uncle, son-in-law, and daughter-in-law; and
(d) "Vacancy" means any certified position opening created by the
resignation, dismissal, nonrenewal of contract, transfer, or death of a
certified staff member of a local school district, or a new position created
in a local school district for which certification is required. However, if an
employer-employee bargained contract contains procedures for filling
certified position openings created by the resignation, dismissal,
nonrenewal of contract, transfer, or death of a certified staff member, or
creation of a new position for which certification is required, a vacancy
shall not exist, unless certified positions remain open after compliance
with those procedures.
Except as provided in KRS 160.346:
(a) All appointments, promotions, and transfers of principals, supervisors,
teachers, and other public school employees shall be made only by the
superintendent of schools, who shall notify the board of the action taken.
All employees of the local district shall have the qualifications prescribed
by law and by the administrative regulations of the Kentucky Board of
Education and of the employing board. Supervisors, principals, teachers,
and other employees may be appointed by the superintendent for any
school year at any time after February 1 preceding the beginning of the
school year. No superintendent of schools shall appoint or transfer
himself or herself to another position within the school district;
(b) When a vacancy occurs in a local school district, the superintendent shall
notify the chief state school officer thirty (30) days before the position
shall be filled. The chief state school officer shall keep a registry of local
district vacancies which shall be made available to the public. The local
school district shall post position openings in the local board office for
public viewing;
(c) When a vacancy needs to be filled in less than thirty (30) days' time to
prevent disruption of necessary instructional or support services of the
school district, the superintendent may seek a waiver from the chief state
school officer. If the waiver is approved, the appointment shall not be
made until the person recommended for the position has been approved
by the chief state school officer. The chief state school officer shall
respond to a district's request for waiver or for approval of an appointment
within two (2) working days;
(d) When a vacancy occurs in a local district, the superintendent shall
conduct a search to locate minority teachers to be considered for the
position. The superintendent shall, pursuant to administrative regulations
of the Kentucky Board of Education, report annually the district's
recruitment process and the activities used to increase the percentage of
minority teachers in the district;
(e) No relative of a superintendent of schools shall be an employee of the
school district. However, this shall not apply to a relative who is a
classified or certified employee of the school district for at least thirty-six
(36) months prior to the superintendent assuming office, or prior to
marrying a relative of the superintendent, and who is qualified for the
position the employee holds. A superintendent's spouse who has at least
eight (8) years of service in school systems may be an employee of the
school district. A superintendent's spouse who is employed under this
provision shall not hold a position in which the spouse supervises certified
or classified employees. A superintendent's spouse may supervise
teacher aides and student teachers. However, the superintendent shall
not promote a relative who continues employment under an exception of
this subsection;
(f) No superintendent shall employ a relative of a school board member of
the district, unless on July 13, 1990, the board member's relative is an
employee of the district, the board member is holding office, and the
relative was not initially hired by the district during the tenure of the board
member. A relative employed in 1989-90 and initially hired during the
tenure of a board member serving on July 13, 1990, may continue to be
employed during the remainder of the board member's term. However,
the superintendent shall not promote any relative of a school board
member who continues employment under the exception of this
subsection; and
(g) 1.
No principal's relative shall be employed in the principal's school,
except a relative who is not the principal's spouse and who was
employed in the principal's school during the 1989-90 school year.
2.
No spouse of a principal shall be employed in the principal's school,
except:
a.
A principal's spouse who was employed in the principal's
school during the 1989-90 school year for whom there is no
position for which the spouse is certified to fill in another school
(3)
(4)
(5)
(6)
operated in the district; or
b.
A principal's spouse who was employed in the 1989-90 school
year and is in a school district containing no more than one (1)
elementary school, one (1) middle school, and one (1) high
school.
3.
A principal's spouse who is employed in the principal's school shall
be evaluated by a school administrator other than the principal.
4.
The provisions of KRS 161.760 shall not apply to any transfer made
in order to comply with the provisions of this paragraph.
No superintendent shall assign a certified or classified staff person to an
alternative education program as part of any disciplinary action taken pursuant
to KRS 161.011 or 161.790 as part of a corrective action plan established
pursuant to the local district evaluation plan.
No superintendent shall employ in any position in the district any person who is
a violent offender or has been convicted of a sex crime as defined by KRS
17.165 which is classified as a felony. The superintendent may employ, at his
discretion, persons convicted of sex crimes classified as a misdemeanor.
(a) A superintendent shall require a national and state criminal background
check on all new certified hires in the school district and student teachers
assigned within the district. Excluded are certified individuals who were
employed in another certified position in a Kentucky school district within
six (6) months of the date of hire and who had previously submitted to a
national and state criminal background check for the previous
employment.
(b) The superintendent shall require that each new certified hire and student
teacher, as set forth in paragraph (a) of this subsection, submit to a
national and state criminal history background check by the Department
of Kentucky State Police and the Federal Bureau of Investigation.
(c) All fingerprints requested under this section shall be on an applicant
fingerprint card provided by the Department of Kentucky State Police. The
fingerprint cards shall be forwarded to the Federal Bureau of Investigation
from the Department of Kentucky State Police after a state criminal
background check is conducted. The results of the state and federal
criminal background check shall be sent to the hiring superintendent. Any
fee charged by the Department of Kentucky State Police and the Federal
Bureau of Investigation shall be an amount no greater than the actual cost
of processing the request and conducting the search.
(d) The Education Professional Standards Board may promulgate
administrative regulations to impose additional qualifications to meet the
requirements of Public Law 92-544.
(a) A superintendent shall require a state criminal background check on all
classified initial hires.
(b) The superintendent shall require that each classified initial hire submit to
a state criminal history background check by the Department of Kentucky
State Police. If an applicant has been a resident of Kentucky twelve (12)
months or less, the superintendent may require a national criminal history
(7)
(8)
(9)
background check as a condition of employment.
(c) Any request for records under this section shall be on an applicant
fingerprint card provided by the Department of Kentucky State Police. The
results of the state criminal background check and the results of the
national criminal history background check, if requested under the
provisions of paragraph (b) of this subsection, shall be sent to the hiring
superintendent. Any fee charged by the Department of Kentucky State
Police shall be an amount no greater than the actual cost of processing
the request and conducting the search.
The superintendent may require a contractor, volunteer, or visitor to submit to a
national and state criminal history background check by the Department of
Kentucky State Police and the Federal Bureau of Investigation. Any request for
records under this section shall be on an applicant fingerprint card provided by
the Department of Kentucky State Police. The results of the state criminal
background check and the results of the national criminal history background
check, if requested, shall be sent to the hiring superintendent. Any fee charged
by the Department of Kentucky State Police shall be an amount no greater
than the actual cost of processing the request and conducting the search.
(a) If a school term has begun and a certified or classified position remains
unfilled or if a vacancy occurs during a school term, a superintendent may
employ an individual, who will have supervisory or disciplinary authority
over minors, on probationary status pending receipt of the criminal history
background check. Application for the criminal record of a probationary
employee shall be made no later than the date probationary employment
begins.
(b) Employment shall be contingent on the receipt of the criminal history
background check documenting that the probationary employee has no
record of a sex crime nor as a violent offender as defined in KRS 17.165.
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the
contrary, probationary employment under this section shall terminate on
receipt by the school district of a criminal history background check
documenting a record of a sex crime or as a violent offender as defined in
KRS 17.165 and no further procedures shall be required.
(d) The provisions of KRS 161.790 shall apply to terminate employment of a
certified employee on the basis of a criminal record other than a record of
a sex crime or as a violent offender as defined in KRS 17.165.
(a) Each application or renewal form, provided by the employer to an
applicant for a classified position, shall conspicuously state the following:
"FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A
STATE CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION
OF EMPLOYMENT. UNDER CERTAIN CIRCUMSTANCES, A
NATIONAL CRIMINAL HISTORY BACKGROUND CHECK MAY BE
REQUIRED AS A CONDITION OF EMPLOYMENT."
(b) Each application or renewal form, provided by the employer to an
applicant for a certified position, shall conspicuously state the following:
"FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A
NATIONAL AND STATE CRIMINAL HISTORY BACKGROUND CHECK
AS A CONDITION OF EMPLOYMENT."
(c) Each application form for a district position shall require the applicant to:
1.
Identify the states in which he or she has maintained residency,
including the dates of residency; and
2.
Provide picture identification.
(10) The provisions of subsections (5), (6), (7), (8) and (9) of this section shall apply
to a nonfaculty coach or nonfaculty assistant as defined under KRS 161.185.
(11) A school-based decision-making council parent member, as defined under
KRS 160.345, shall submit to a state and national fingerprint-supported
criminal history background check by the Department of Kentucky State Police
and the Federal Bureau of Investigation. The results of the state criminal
history background check and the results of the national criminal history
background check, if requested, shall be sent to the district superintendent.
Any fee charged by the Department of Kentucky State Police shall be an
amount no greater than the actual cost of processing the request and
conducting the search. A parent member may serve prior to the receipt of the
criminal history background check report but shall be removed from the council
on receipt by the school district of a report documenting a record of a sex crime
or criminal offense against a victim who is a minor as defined in KRS 17.500 or
as a violent offender as defined in KRS 17.165, and no further procedures shall
be required.
(12) Notwithstanding any provision of the Kentucky Revised Statutes to the
contrary, when an employee of the school district is charged with any offense
which is classified as a felony, the superintendent may transfer the employee
to a second position until such time as the employee is found not guilty, the
charges are dismissed, the employee is terminated, or the superintendent
determines that further personnel action is not required. The employee shall
continue to be paid at the same rate of pay he or she received prior to the
transfer. If an employee is charged with an offense outside of the
Commonwealth, this provision may also be applied if the charge would have
been treated as a felony if committed within the Commonwealth. Transfers
shall be made to prevent disruption of the educational process and district
operations and in the interest of students and staff and shall not be construed
as evidence of misconduct.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 61, sec. 1, effective July 12, 2012; and ch.
85, sec. 1, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 1, sec. 2,
effective January 14, 2010. -- Amended 2009 Ky. Acts ch. 38, sec. 1, effective
June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 169, effective June 26,
2007. -- Amended 2006 Ky. Acts ch. 182, sec. 18, effective July 12, 2006; and
ch. 221, sec. 5, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 177,
sec. 1, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 60, sec. 3,
effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 178, sec. 2, effective
July 15, 1998; ch. 362, sec. 1, effective July 15, 1998; ch. 467, sec. 1, effective
July 15, 1998; and ch. 489, sec. 1, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 349, sec. 1, effective July 15, 1996; and ch. 362, sec. 6, effective July
15, 1996. -- Amended 1994 Ky. Acts ch. 192, sec. 1, effective July 15, 1994;
and ch. 483, sec. 1, effective July 15, 1994. Amended 1992 Ky. Acts ch. 401,
sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 476, Pt. II,
sec. 78, effective July 13, 1990; and ch. 518, sec. 7, effective July 13, 1990. -Amended 1988 Ky. Acts ch. 345, sec. 4, effective July 15, 1988. -- Amended
1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1974 Ky.
Acts ch. 88, sec. 1. -- Amended 1966 Ky. Acts ch. 89, sec. 11. -- Amended 1958
Ky. Acts ch. 126, sec. 18. -- Amended 1942 Ky. Acts ch. 113, sec. 13. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4399-34.
Legislative Research Commission Note (7/12/2012). This statute was amended
by 2012 Ky. Acts chs. 61 and 85, which do not appear to be in conflict and have
been codified together.
Legislative Research Commission Note (7/12/2012). Under the authority of KRS
7.136(1), the Reviser of Statutes in codification has changed the internal
numbering of subsection (6) of this statute. The words in the text were not
changed.
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