161.011 Definitions of "classified employee" and "seniority" -- Job classifications
930 words·~4 min read·
/ky/161-011A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(a)"Classified employee" means an employee of a local district who is not
required to have certification for his or her position as provided in KRS
161.020.
(b)"Seniority" means total continuous months of service in the local school
district, including all approved paid and unpaid leave.
(2)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 or she holds the qualifications for the position as established by
the commissioner of education.
(3)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 or she holds at least a high school diploma or high school
certificate of completion or High School Equivalency Diploma, or is provided an
opportunity by the school district upon employment to obtain a High School
Equivalency Diploma at no cost to the employee. Licenses or credentials issued by
a government entity that require specialized skill or training may also substitute for
this requirement.
(4)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 High School
Equivalency Diploma to enroll in a program to obtain a High School Equivalency
Diploma.
(5)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
years of continuous active service being reduced first.
(b)If it becomes necessary to reduce employees who have more than four
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.