2013 Kentucky Revised Statutes CHAPTER 161 - SCHOOL EMPLOYEES -- TEACHERS' RETIREMENT AND TENURE 161.740 Eligibility for continuing service status -- Limited status employee on approved military leave -- Transfer of teachers -- Reinstatement after service in Armed Forces.
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161.740 Eligibility for continuing service status -- Limited status employee on
approved military leave -- Transfer of teachers -- Reinstatement after
service in Armed Forces.
(1)
(2)
(3)
Teachers eligible for continuing service status in any school district shall be
those teachers who meet qualifications listed in this section:
(a) Hold a standard or college certificate as defined in KRS 161.720 or meet
the certification standards for vocational education teachers established
by the Education Professional Standards Board.
(b) When a currently employed teacher is reemployed by the superintendent
after teaching four (4) consecutive years in the same district, or after
teaching four (4) years which shall fall within a period not to exceed six (6)
years in the same district, the year of present employment included, the
superintendent shall issue a written continuing contract if the teacher
assumes his duties, and the superintendent shall notify the board of the
action taken. A limited status employee on approved military leave shall
be awarded service credit for each year of military service or each year of
combined military and school service within a school year toward
continuing contract status. If the leave time will qualify the teacher for
continuing contract status, the local district may require the teacher to
complete a one (1) year probationary period upon return. If required, the
local district shall notify the teacher in writing within fourteen (14) days
following receipt of the military leave request. Each day served in the
General Assembly by a board of education employee during a regular or
extraordinary session shall be included in the computation of a year as
defined in KRS 161.720(2).
(c) When a teacher has attained continuing contract status in one district and
becomes employed in another district, the teacher shall retain that status.
However, a district may require a one (1) year probationary period of
service in that district before granting that status. For purposes of this
subsection, the continuing contract of a teacher shall not be terminated
when the teacher leaves employment, all provisions of KRS 161.720 to
161.810 to the contrary notwithstanding, and the continuing service
contract shall be transferred to the next school district, under conditions
set forth in this section, for a period of up to seven (7) months from the
time employment in the first school district has terminated. Nothing
contained herein shall be construed to give a teacher a right to
reemployment in the first school district during the seven (7) month period
following termination.
(d) Service credit toward a continuing contract shall begin only when a
teacher is properly certified as defined in KRS 161.720(6) or, in the case
of a vocational education teacher, when the required certification
standards established by the Education Professional Standards Board
have been met.
Vocational education teachers fulfilling the requirements in subsection (1) of
this section as of July 15, 1982, shall be eligible for continuing service status.
Whether employed under a limited contract or continuing service contract
status, any teacher or superintendent who has been or may be hereafter
inducted into the Armed Forces of this country, shall at the expiration of service
be reemployed or reinstated in a comparable position as of the beginning of the
next school year, provided application is made at least thirty (30) days before
the opening of school, unless physically or mentally incapacitated according to
medical notations on official discharge papers. Vacancies created by military
leaves shall be filled by teachers or superintendents employed by the board of
education under a limited contract of one (1) year or less.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 161, sec. 3, effective July 13, 2004. -Amended 2001 Ky. Acts ch. 136, sec. 3, effective June 21, 2001. -- Amended
1990 Ky. Acts ch. 476, Pt. II, sec. 82, effective July 13, 1990. -- Amended 1982
Ky. Acts ch. 354, sec. 1, effective July 15, 1982; and ch. 401, sec. 1, effective
July 15, 1982. -- Amended 1974 Ky. Acts ch. 185, sec. 1. -- Amended 1964 Ky.
Acts ch. 41, sec. 3. -- Amended 1954 Ky. Acts ch. 60, sec. 1. -- Amended 1944
Ky. Acts ch. 98, sec. 1. -- Created 1942 Ky. Acts ch. 113, sec. 3.
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