161.740 Eligibility for continuing service status -- Limited status employee on
735 words·~3 min read·
/ky/161-740A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
approved military leave -- Transfer of teachers -- Reinstatement after service
in Armed Forces -- District-level administrative position in county with
consolidated local government.
(1)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 or her
duties, except as provided in subsection
(4)of this section, 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
(1)district and
becomes employed in another district, the teacher shall retain that status,
except as provided in subsection
(4)of this section. 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
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.
(2)Vocational education teachers fulfilling the requirements in subsection
(1)of this
section as of July 15, 1982, shall be eligible for continuing service status.
(3)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.
(4)Beginning July 1, 2019, a teacher employed in a district-level administrative
position in a county school district in a county with a consolidated local government
adopted under KRS Chapter 67C shall not be issued a written continuing contract.
However, if a teacher had a written continuing contract prior to becoming employed
in a district-level administrative position and transfers to another position in the
district that is not a district-level administrative position, then the teacher shall
revert to continuing service contract status. If the teacher becomes employed in
another district, the teacher shall revert to continuing service contract status subject
to the provisions of subsection (2)(c) of this section regarding probation and the
time period for transferring a continuing service contract to another school district.