2018 Kentucky Revised Statutes CHAPTER 160 - SCHOOL DISTRICTS .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 and letter verifying no finding of abuse or neglect for 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 and letter verifying no finding of abuse or
neglect for 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 and
daughter; 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 fifteen (15) days before the position shall
(c)
(d)
(e)
(f)
(g)
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;
When a vacancy needs to be filled in less than fifteen (15) 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;
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;
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 previously been employed in a school
system 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;
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;
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
(3)
(4)
(5)
during the 1989-90 school year for whom there is no position for
which the spouse is certified to fill in another school 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; and
(h) A relative that is ineligible for employment under paragraph (e), (f), or (g) of
this subsection may be employed as a substitute for a certified or classified
employee if the relative is not:
1.
A regular full-time or part-time employee of the district;
2.
Accruing continuing contract status or any other right to continuous
employment;
3.
Receiving fringe benefits other than those provided other substitutes or
4.
Receiving preference in employment or assignment over other
substitutes.
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 or persons with a substantiated finding of child abuse
or neglect in records maintained by the Cabinet for Health and Family Services. The
superintendent may employ, at his discretion, except at a Kentucky Educational
Collaborative for State Agency Children program, persons convicted of sex crimes
classified as a misdemeanor.
(a) A superintendent shall require a national and state criminal background check
and require a letter, provided by the individual, from the Cabinet for Health
and Family Services indicating the individual is clear to hire based on no
findings of substantiated child abuse or neglect found through a background
check of child abuse and neglect records maintained by the Cabinet for Health
and Family Services 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 and who have a letter,
provided by the individual, from the Cabinet for Health and Family Services
stating the employee is clear to hire based on no findings of substantiated
child abuse or neglect found through a background check of child abuse and
(b)
(c)
(d)
(6)
(a)
(b)
(c)
neglect records maintained by the Cabinet for Health and Family Services for
the previous employment.
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 and have a letter,
provided by the individual, from the Cabinet for Health and Family Services
stating the employee is clear to hire based on no findings of substantiated
child abuse or neglect found through a background check of child abuse and
neglect records maintained by the Cabinet for Health and Family Services.
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, the Federal Bureau of
Investigation, and the Cabinet for Health and Family Services shall be an
amount no greater than the actual cost of processing the request and
conducting the search.
The Education Professional Standards Board may promulgate administrative
regulations to impose additional qualifications to meet the requirements of
Public Law 92-544.
A superintendent shall require a national and state criminal background check
and require a letter, provided by the individual, from the Cabinet for Health
and Family Services stating the employee is clear to hire based on no findings
of substantiated child abuse or neglect found through a background check of
child abuse and neglect records maintained by the Cabinet for Health and
Family Services on all classified initial hires.
The superintendent shall require that each classified initial hire submit to a
national and state criminal history background check by the Department of
Kentucky State Police and require a letter, provided by the individual, from
the Cabinet for Health and Family Services stating the employee is clear to
hire based on no findings of substantiated child abuse or neglect found
through a background check of child abuse and neglect records maintained by
the Cabinet for Health and Family Services.
Any request for any criminal background 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
paragraph (b) of this subsection, shall be sent to the hiring superintendent.
Any fee charged by the Department of Kentucky State Police and the Cabinet
for Health and Family Services shall be an amount no greater than the actual
cost of processing the request and conducting the search.
(7)
(a)
(b)
(8)
(a)
(b)
The superintendent shall require a contractor who works on school premises
during school hours and may require a contractor who does not have contact
with students, a volunteer, or a 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 and have a letter, provided by
the individual, from the Cabinet for Health and Family Services stating the
employee is clear to hire based on no findings of substantiated child abuse or
neglect found through a background check of child abuse and neglect records
maintained by the Cabinet for Health and Family Services.
Any request for records under this section shall be on an applicant fingerprint
card provided by the Department of Kentucky State Police. If requested, the
results of the state criminal background check and the results of the national
criminal history background check and a letter, provided by the individual,
from the Cabinet for Health and Family Services stating the employee is clear
to hire based on no findings of substantiated child abuse or neglect found
through the results of a background check of child abuse and neglect records
maintained by the Cabinet for Health and Family Services shall be sent to the
hiring superintendent. Any fee charged by the Department of Kentucky State
Police and the Cabinet for Health and Family Services shall be an amount no
greater than the actual cost of processing the request and conducting the
search.
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 and have a letter, provided by the individual, from the
Cabinet for Health and Family Services stating the employee is clear to hire
based on no findings of substantiated child abuse or neglect found through a
background check of child abuse and neglect records maintained by the
Cabinet for Health and Family Services. Application for the criminal record
and a request for a letter, provided by the individual, from the Cabinet for
Health and Family Services stating the employee is clear to hire based on no
findings of substantiated child abuse or neglect found through a background
check of child abuse and neglect records maintained by the Cabinet for Health
and Family Services of a probationary employee shall be made no later than
the date probationary employment begins.
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 and receipt
of a letter, provided by the individual, from the Cabinet for Health and Family
Services stating the employee is clear to hire based on no findings of
substantiated child abuse or neglect found through a background check of
child abuse and neglect records maintained by the Cabinet for Health and
Family Services.
(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.
(9) (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 AND HAVE A LETTER,
PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR HEALTH
AND FAMILY SERVICES STATING THE EMPLOYEE IS CLEAR TO
HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE
OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF
CHILD ABUSE AND NEGLECT RECORDS MAINTAINED BY THE
CABINET FOR HEALTH AND FAMILY SERVICES 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 AND HAVE A
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR
HEALTH AND FAMILY SERVICES STATING THE EMPLOYEE IS
CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED
CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND
CHECK OF CHILD ABUSE AND NEGLECT RECORDS MAINTAINED
BY THE CABINET FOR HEALTH AND FAMILY SERVICES 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) 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 and have a letter, provided by
the individual, from the Cabinet for Health and Family Services stating the
employee is clear to hire based on no findings of substantiated child abuse or
neglect found through a background check of child abuse and neglect records
maintained by the Cabinet for Health and Family Services.
(b) The results of the state criminal history background check and the results of
the national criminal history background check, if requested, and a letter,
provided by the individual, from the Cabinet for Health and Family Services
stating the employee is clear to hire based on no findings of substantiated
child abuse or neglect found through the results of a background check of
child abuse and neglect records maintained by the Cabinet for Health and
Family Services shall be sent to the district superintendent. Any fee charged
by the Department of Kentucky State Police and the Cabinet for Health and
Family Services 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.
(13) Notwithstanding any law to the contrary, each certified and classified employee of
the school district shall notify the superintendent if he or she has been found by the
Cabinet for Health and Family Services to have abused or neglected a child, and if
he or she has waived the right to appeal a substantiated finding of child abuse or
neglect or if the substantiated incident was upheld upon appeal. Any failure to
report this finding shall result in the certified or classified employee being subject to
dismissal or termination.
(14) The form for requesting a letter, required by this section, stating an employee is
clear to hire based on a background check of child abuse and neglect records
maintained by the Cabinet for Health and Family Services shall be made available
on the Cabinet for Health and Family Services Web site.
Effective: April 4, 2018
History: Amended 2018 Ky. Acts ch. 105, sec. 1, effective April 4, 2018. -- Amended
2017 Ky. Acts ch. 37, sec. 1, effective June 29 2017; and ch. 115, sec. 3, effective
July 1, 2018. -- Amended 2016 Ky. Acts ch. 104, sec. 2, effective July 15, 2016. -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 (4/4/2018). The amendments made to this
statute in 2018 Ky. Acts ch. 105, sec. 1 are effective April 4, 2018. 2018 Ky. Acts ch.
105, sec. 1 amended the version of KRS 160.380 that was scheduled to take effect on
July 1, 2018. That July 1 version would now take effect instead at the first moment of
April 4, 2018, as amended by 2018 Ky. Acts ch. 105, sec. 1, superseding the current
version. SB 101 (Ch. 105) was delivered to the Governor on March 22, 2018. The
10-day, not counting Sundays, veto period began on the next day, March 23, and
ended at midnight on April 3, 2018. The Governor returned that bill to the Secretary
of State on April 2 without signing it. Therefore, since the Governor could have
retrieved it and signed it or vetoed it prior to the end of April 3, the bill would not
take effect until the first moment of April 4, 2018 following the expiration of the 10day veto period.
Legislative Research Commission Note (7/1/2018). This statute was amended by 2017
Ky. Acts chs. 37 and 115, 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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