161.790 Termination of contract by board -- Administrative hearing tribunal --
1,148 words·~5 min read·
/ky/161-790A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sanctions.
(1)The contract of a teacher shall remain in force during good behavior and efficient
and competent service by the teacher and shall not be terminated except for any of
the following causes:
(a)Insubordination, including but not limited to violation of the school laws of
the state or administrative regulations adopted by the Kentucky Board of
Education, the Education Professional Standards Board, or lawful rules and
regulations established by the local board of education for the operation of
schools, or refusal to recognize or obey the authority of the superintendent,
principal, or any other supervisory personnel of the board in the performance
of their duties;
(b)Immoral character or conduct unbecoming a teacher;
(c)Physical or mental disability; or
(d)Inefficiency, incompetency, or neglect of duty, when a written statement
identifying the problems or difficulties has been furnished the teacher or
teachers involved.
(2)Charges under subsection (1)(a) and
(d)of this section shall be supported by a
written record of the actions of the teacher upon which the charge is based, provided
by the superintendent, principal, or other supervisory personnel of the district,
except when the charges are brought as a result of a recommendation made under
KRS 158.6455.
(3)No contract shall be terminated except upon notification of the board by the
superintendent. Prior to notification of the board, the superintendent shall furnish
the teacher with a written statement specifying in detail the charge against the
teacher. The teacher may within ten
(10)days after receiving the charge notify the
commissioner of education and the superintendent of his or her intention to answer
the charge, and upon failure of the teacher to give notice within ten
(10)days, the
dismissal shall be final.
(a)Except as provided in KRS 163.032, upon receiving the teacher's notice of his
or her intention to answer the charge, the commissioner of education shall
appoint a three
(3)member tribunal, consisting of one
(1)teacher, who may be
retired, one
(1)administrator, who may be retired, and one
(1)attorney to
serve as hearing officer and chairperson of the tribunal, none of whom reside
in the district, to conduct an administrative hearing in accordance with KRS
Chapter 13B within the district. Priority for selection as a teacher or
administrator tribunal member shall be from a pool of potential tribunal
members who have been designated and trained to serve as tribunal members
on a regular and ongoing basis, pursuant to administrative regulations
promulgated by the Kentucky Board of Education. Funds appropriated to the
Department of Education for professional development may be used to
provide tribunal member training. The commissioner of education shall set the
date and time for the hearing. The hearing shall begin no later than forty-five
(45)days after the teacher files the notice of intent to answer the charge unless
an extension is granted by the hearing officer or otherwise agreed to by the
parties.
(b)The hearing officer shall be appointed from a pool of hearing officers who
have received in-depth training in the law related to employment of teachers
and in the conduct of due process hearings pursuant to KRS Chapter 13B, and
who hold other qualifications as determined by the Kentucky Board of
Education.
(c)The hearing officer training shall be designed and conducted by the Kentucky
Department of Education.
(d)The Kentucky Board of Education shall adopt administrative regulations to
implement the due process provisions required by this section. Persons
serving as hearing officers shall be paid or reimbursed as provided in KRS
13B.030.
(5)The hearing officer shall schedule a mandatory prehearing conference with the
parties, which may be held in person or electronically through the use of
technology. Prehearing motions may be disposed of at the conference. The hearing
officer shall have the authority to mediate settlement and to enter an agreed order if
the matter is resolved by the parties. A hearing officer shall have final authority to
rule on dispositive prehearing motions.
(6)If the matter is not settled or dismissed as a result of the prehearing conference, a
tribunal hearing shall be conducted. The hearing may be public or private at the
discretion of the teacher. At the hearing, the hearing officer appointed by the
commissioner of education shall preside with authority to rule on procedural
matters, but the tribunal as a whole shall be the ultimate trier of fact. The local
board shall pay each teacher and administrator member of the tribunal a per diem of
one hundred dollars ($100) and travel expenses.
(7)Upon hearing both sides of the case, the tribunal may by a majority vote render its
decision or may defer its action for not more than five
(5)days. The decision,
written in a recommended order, shall be limited to upholding or overturning the
decision of the superintendent. The hearing officer shall then within fifteen
days submit to the parties the written recommended order in a form complying with
the requirements of KRS 13B.110(1). Each party may file written exceptions no
later than fifteen
(15)days from receipt of the recommended order. Upon
consideration of the exceptions filed by the parties, the hearing officer may order a
settlement conference between the parties. Within ten
(10)days after either the
consideration of the exceptions or a settlement conference, whichever occurs later,
the hearing officer shall enter a final order. If there is no settlement reached, the
final order shall affirm the recommended order. If a settlement is reached, the final
order shall approve the terms of a written settlement as an agreed order. Provisions
of KRS Chapter 13B notwithstanding, the hearing officer's decision shall be a final
order.
(8)The superintendent may suspend the teacher pending final action to terminate the
contract, if, in his or her judgment, the character of the charge warrants the action. If
the contract termination is overturned by the final order, the suspended teacher shall
be paid his or her full salary for any period of suspension.
(9)The teacher shall have the right to make an appeal to the Circuit Court having
jurisdiction in the county where the school district is located in accordance with
KRS Chapter 13B. The review of the final order shall be conducted by the Circuit
Court as required by KRS 13B.150.
(10)As an alternative to termination of a teacher's contract, the superintendent upon
notifying the board and providing written notification to the teacher of the charge
may impose other sanctions, including suspension without pay, public reprimand, or
private reprimand. The procedures set out in subsection
(3)of this section shall
apply if the teacher is suspended without pay or publicly reprimanded. The teacher
may appeal the action of the superintendent if these sanctions are imposed in the
same manner as established in subsections
(4)to
(9)of this section. Upon
completion of a suspension period, the teacher may be reinstated.