2013 Kentucky Revised Statutes CHAPTER 161 - SCHOOL EMPLOYEES -- TEACHERS' RETIREMENT AND TENURE 161.011 Definitions of "classified employee" and "seniority" -- Job classifications and minimum qualifications -- Requirement of written contracts and written personnel policies -- Reduction in force -- Registry of vacant classified employee positions and training -- Review of local board policies by Department of Education.
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161.011 Definitions of "classified employee" and "seniority" -- Job
classifications and minimum qualifications -- Requirement of written
contracts and written personnel policies -- Reduction in force -- Registry
of vacant classified employee positions and training -- Review of local
board policies by Department of Education.
(1)
(2)
(3)
(4)
(5)
(a)
"Classified employee" means an employee of a local district who is not
required to have certification for his position as provided in KRS 161.020;
and
(b) "Seniority" means total continuous months of service in the local school
district, including all approved paid and unpaid leave.
The commissioner of education shall establish by January, 1992, job
classifications and minimum qualifications for local district classified
employment positions which shall be effective July 1, 1992. After June 30,
1992, no person shall be eligible to be a classified employee or receive salary
for services rendered in that position unless he holds the qualifications for the
position as established by the commissioner of education.
No person who is initially hired after July 13, 1990, shall be eligible to hold the
position of a classified employee or receive salary for services rendered in such
position, unless he holds at least a high school diploma or high school
certificate of completion or GED certificate, or he shows progress toward
obtaining a GED. To show progress toward obtaining a GED, a person shall be
enrolled in a GED program and be progressing satisfactorily through the
program, as defined by administrative regulations promulgated by the Council
on Postsecondary Education.
Local school districts shall encourage classified employees who were initially
hired before July 13, 1990, and who do not have a high school diploma or a
GED certificate to enroll in a program to obtain a GED.
Local districts shall enter into written contracts with classified employees.
Contracts with classified employees shall be renewed annually except
contracts with the following employees:
(a) An employee who has not completed four (4) years of continuous active
service, upon written notice which is provided or mailed to the employee
by the superintendent, no later than May 15, that the contract will not be
renewed for the subsequent school year. Upon written request by the
employee, within ten (10) days of the receipt of the notice of nonrenewal,
the superintendent shall provide, in a timely manner, written reasons for
the nonrenewal.
(b) An employee who has completed four (4) years of continuous active
service, upon written notice which is provided or mailed to the employee
by the superintendent, no later than May 15, that the contract is not being
renewed due to one (1) or more of the reasons described in subsection
(7) of this section. Upon written request within ten (10) days of the receipt
of the notice of nonrenewal, the employee shall be provided with a
specific and complete written statement of the grounds upon which the
nonrenewal is based. The employee shall have ten (10) days to respond
in writing to the grounds for nonrenewal.
(6)
Local districts shall provide in contracts with classified employees of family
resource and youth services centers the same rate of salary adjustment as
provided for other local board of education employees in the same
classification.
(7) Nothing in this section shall prevent a superintendent from terminating a
classified employee for incompetency, neglect of duty, insubordination,
inefficiency, misconduct, immorality, or other reasonable grounds which are
specifically contained in board policy.
(8) The superintendent shall have full authority to make a reduction in force due to
reductions in funding, enrollment, or changes in the district or school
boundaries, or other compelling reasons as determined by the superintendent.
(a) When a reduction of force is necessary, the superintendent shall, within
each job classification affected, reduce classified employees on the basis
of seniority and qualifications with those employees who have less than
four (4) years of continuous active service being reduced first.
(b) If it becomes necessary to reduce employees who have more than four
(4) years of continuous active service, the superintendent shall make
reductions based upon seniority and qualifications within each job
classification affected.
(c) Employees with more than four (4) years of continuous active service
shall have the right of recall positions if positions become available for
which they are qualified. Recall shall be done according to seniority with
restoration of primary benefits, including all accumulated sick leave and
appropriate rank and step on the current salary schedule based on the
total number of years of service in the district.
(9) Local school boards shall develop and provide to all classified employees
written policies which shall include but not be limited to:
(a) Terms and conditions of employment;
(b) Identification and documentation of fringe benefits, employee rights, and
procedures for the reduction or laying off of employees; and
(c) Discipline guidelines and procedures that satisfy due process
requirements.
(10) Local school boards shall maintain a registry of all vacant classified employee
positions that is available for public inspection in a location determined by the
superintendent and make copies available at cost to interested parties. If
financially feasible, local school boards may provide training opportunities for
classified employees focusing on topics to include but not be limited to suicide
prevention, abuse recognition, and cardiopulmonary resuscitation (CPR). If
suicide prevention training is offered it may be accomplished through self-study
review of suicide prevention materials.
(11) The evaluation of the local board policies required for classified personnel as
set out in this section shall be subject to review by the Department of
Education while it is conducting district management audits pursuant to KRS
158.785.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 136, sec. 2, effective July 15, 2010. --
Amended 2008 Ky. Acts ch. 113, sec. 6, effective April 14, 2008. -- Amended
2006 Ky. Acts ch. 211, sec. 90, effective July 12, 2006. -- Amended 2003 Ky.
Acts ch. 29, sec. 21, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 5,
sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 271, sec. 2,
effective March 31, 2000. -- Amended 1998 Ky. Acts ch. 590, sec. 1, effective
April 14, 1998. -- Amended 1994 Ky. Acts ch. 25, sec. 1, effective July 15, 1994.
-- Amended 1990 Ky. Acts ch. 476, Pt. II, sec. 54, effective July 13, 1990. -Created 1988 Ky. Acts ch. 388, sec. 1, effective July 15, 1988.
Legislative Research Commission Note (7/15/2010). The amendments made to
this section by 2010 Ky. Acts ch. 136 shall be known as the "Make a Difference
for Kids Act of 2010."
Legislative Research Commission Note. (7/5/2001) Previous references to
"subsection (6) of this section" in subsection (5)(b) of this statute were not
changed to "subsection (7)" when the subsections were renumbered in 2000 Ky.
Acts ch. 271, sec. 2. It is clear from the context that this should have been done
but was inadvertently overlooked. This omission has been corrected by the
reviser of statutes under KRS 7.136(1)(e) and (h).
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