2014 Kentucky Revised Statutes CHAPTER 156 - DEPARTMENT OF EDUCATION 156.846 Local board's power to relinquish management and control of vocational education center -- Issues related to transfer of employees.
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156.846 Local board's power to relinquish management and control of
vocational education center -- Issues related to transfer of employees.
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Notwithstanding KRS 156.808, 156.812, 156.814, 156.816, 156.820, and
156.826, upon approval of the Kentucky Board of Education, a local board of
education that has operated an area vocational education and technical center
for at least five (5) years may relinquish authority for the management and
control of the area vocational education and technical center to the Kentucky
Department of Education. The local board of education shall transfer all
personnel, equipment, and supplies to the Office of Career and Technical
Education within the Kentucky Department of Education.
A certified employee who is affected by a transfer to the Office of Career and
Technical Education under subsection (1) of this section shall be granted the
same status by the Office of Career and Technical Education as he or she had
at the close of employment with the local board of education and shall be
employed on the state salary schedule. A classified employee shall be
guaranteed employment equal to his or her status in the local school district for
at least one (1) complete school term. A transferred employee shall be
provided the benefits of comparable employees in the Office of Career and
Technical Education and shall be subject to all rules and policies of the Office
of Career and Technical Education, including but not limited to disciplinary and
personnel actions that are the same as those that may be exercised by the
office for any other employee in the Commonwealth during a contract period.
The employee shall be granted credit for accrued sick leave by the Office of
Career and Technical Education up to the maximum allowed for transfers of
teachers between school districts. The Office of Career and Technical
Education shall award sick leave credit to a classified employee based on the
sick leave accumulated in the local district. Any excess sick leave that a
classified or certified employee earned that had been held in escrow by the
appropriate state personnel system under KRS Chapter 18A or KRS 156.800
to 156.860 when the transfer was made to the local board of education shall be
restored to the employee.
An employee who is to be transferred to the Office of Career and Technical
Education under provisions of this section but who chooses not to accept a
contract with the Commonwealth 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 area vocational education and technical
center. An employee who refuses a contract with the Office of Career and
Technical Education shall have the employee's sick leave balance placed in
escrow by the 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 local school district under KRS 161.740(1), shall be granted continuing
status under the provisions of KRS 156.820. A principal may be granted
continuing status as a teacher, but the provisions relating to demotion of the
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principal under KRS 156.820 shall apply.
An employee of a local board of education who is transferred to the Office of
the Career and Technical Education and who occupies a position covered by
the Kentucky Teachers' Retirement System shall remain in the Kentucky
Teachers' Retirement System.
General fund moneys previously appropriated to a local board of education for
support of the area vocational education and technical center shall be
appropriated to the Department of Education.
Effective:June 25, 2013
History: Created 2013 Ky. Acts ch. 59, sec. 5, effective June 25, 2013.
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