156.844 Local board's petition to commissioner of education seeking power
876 words·~4 min read·
/ky/156-844A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
to manage and control state-operated secondary vocational education
and technology center -- Issues related to transfer of employees.
(a)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.
(b)Beginning March 18, 2021, if a state-operated secondary vocational
education and technology center serves more than one
(1)school district,
any agreement under paragraph
(a)of this subsection shall require the
local board to continue to serve the additional school district or districts
through a memorandum of understanding. The executed memorandum of
understanding shall be submitted to the commissioner of education at the
same time as the request to assume authority for management and
control of the state-operated secondary vocational education and
technology center.
(2)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, except as provided in
subsection
(5)of this section, 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, except as
provided in subsection
(5)of this section. 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.
(3)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.
(4)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.
(5)A certified employee who has earned continuing status in the state certified
personnel system under KRS 156.800 to 156.860 shall be granted a continuing
service contract as defined in KRS 161.720 upon transfer to a local board of
education under subsection
(1)of this section. A principal who has earned
continuing status prior to transfer shall be granted a continuing service
contract, but the provisions relating to demotion of the principal under KRS
161.765 shall apply. A classified employee who has four
(4)years of
continuous active service in the state certified personnel system under KRS
156.800 to 156.860 at the time of transfer shall be offered an employment
contract at the time of transfer that shall be considered a continuing service
contract as defined in KRS 161.720 for a minimum of five
(5)complete school
terms.
(6)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.
(7)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.