2016 Kentucky Revised Statutes CHAPTER 156 - DEPARTMENT OF EDUCATION .844 Local board's petition to commissioner of education seeking power to manage and control state-operated secondary vocational education and technology center -- Issues related to transfer of employees.
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156.844 Local board's petition to commissioner of education seeking power to
manage and control state-operated secondary vocational education and
technology center -- Issues related to transfer of employees.
(1)
(2)
(3)
(4)
(5)
A local board of education may submit a request to the commissioner of education
to assume authority for the management and control of a state-operated secondary
vocational education and technology center. Upon agreement between the
commissioner of education and the local board of education for the transfer of a
state-operated secondary vocational education and technology center, all personnel,
equipment, and supplies shall be transferred to the local board of education and
shall be utilized for the operation of the locally operated vocational center.
A certified employee who is affected by a transfer to the local board of education
under subsection (1) of this section shall be granted a one (1) year limited contract
by the local board of education and shall be employed on the local district salary
schedule. A classified employee shall be guaranteed employment equal to his or her
present status for at least one (1) complete school term. A transferred employee
shall be provided the benefits of comparable employees in the district and shall be
subject to all rules and policies of the local board of education, including but not
limited to disciplinary and personnel actions that are the same as those that may be
exercised by the district for any other employee in the district during a contract
period.
A transferred employee who has accrued annual leave and compensatory time shall
be paid a lump sum for the accrued time at the effective date of the transfer by the
Department of Education. The employee shall be granted credit for accrued sick
leave up to the maximum allowed for transfers of teachers between school districts.
Sick leave credit shall be awarded to a classified employee based on the local board
policy. Any excess sick leave that a classified or certified employee has earned that
the district will not accept in the transfer may be requested to be held in escrow by
the appropriate state personnel system under KRS Chapter 18A or KRS 156.800 to
156.860, and the sick leave balance shall be restored to the employee if the
employee returns to a state government position.
An employee who is to be transferred to a local board of education under provisions
of this section but who chooses not to accept a one (1) year limited contract with the
board 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 vocational
education and technology center. An employee who refuses a contract with the local
board shall be provided a lump-sum payment for accrued annual leave and
compensatory time, and the employee's sick leave balance shall be placed in escrow
by the appropriate 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
state certified personnel system under KRS 156.800 to 156.860 may be granted
(6)
(7)
tenure under the provisions of KRS 161.740(1)(c). A principal may be granted
tenure as a teacher, but the provisions relating to demotion of the principal under
KRS 161.765 shall apply.
An employee of the Office of Career and Technical Education who is transferred to
the local school district and who occupies a position covered by the Kentucky
Teachers' Retirement System shall remain in the Kentucky Teachers' Retirement
System.
After the effective date of the transfer, the local board of education shall receive
funding for the support of the local board of education center operations pursuant to
KRS 157.069. In addition, the local board of education shall receive one hundred
percent (100%) of the Support Education Excellence in Kentucky program funds
from the Department of Education that are generated from students enrolled in the
center.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 59, sec. 4, effective June 25, 2013.
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