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AN ACT relating to school superintendents. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.350 is amended to read as follows: 3
(1) After considering the recommendations of a screening committee, as provided in 4
KRS 160.352, each board of education shall appoint a superintendent of schools 5
whose term of office shall begin on July 1, following the individual's appointment. 6
The appointment may be for a term of no more than four (4) years. In the event a 7
vacancy occurs in the office of superintendent prior to the expiration of the term set 8
by the board, the term shall expire on the date the vacancy occurs. Therefore, the 9
board may appoint a superintendent for a new term as provided in this subsection, 10
which shall begin on the date of the superintendent's appointment, except when the 11
vacancy occurs after a school board election and before the newly elected members 12
take office. When a vacancy occurs during this period, the position shall not be 13
filled until the new members take office, but the board may appoint an acting 14
superintendent to serve a term not to exceed six (6) months. This appointment may 15
be renewed once for a period not to exceed three (3) months. If a vacancy occurs, a 16
local board may also appoint an acting superintendent during the period the 17
screening committee pursuant to KRS 160.352 conducts its business and prior to 18
the actual appointment of the new superintendent. No superintendent shall resign 19
during a term and accept a new term from the same board of education prior to the 20
expiration date of the present term. In the case of a vacancy in the office for an 21
unexpired term, the board of education shall make the appointment so that the term 22
will end on June 30. The board shall set the salary of the superintendent to be paid 23
in regular installments. 24
(2) An individual shall not assume the duties of superintendent in a district until he or 25
she provides the board of education with a copy of a certificate for school 26
superintendent issued by the Education Professional Standards Board or its legal 27 UNOFFICIAL COPY 24 RS BR 1217
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predecessor. A superintendent shall hold a valid certificate throughout the period of 1
employment. A superintendent shall successfully complete the training program and 2
assessment center process within two (2) years of assuming the duties of 3
superintendent. A superintendent shall not serve as director or officer of a bank, 4
trust company, or savings or loan association that has the school district's funds on 5
deposit. Following appointment, the superintendent shall establish residency in 6
Kentucky. 7
(3) A superintendent of schools may be removed for cause by a vote of the majority[of 8
four-fifths (4/5)] of the membership of a board of education plus one (1) additional 9
member[and upon approval by the commissioner of education. However, if the 10
dismissal of the superintendent has been recommended by a highly skilled certified 11
educator pursuant to KRS 158.6455 and the action is approved by the commissioner 12
of education, the board shall terminate the superintendent's contract]. Written notice 13
setting out the charges for removal shall be spread on the minutes of the board and 14
given to the superintendent. A superintendent may appeal the board of education's 15
decision to the Kentucky Board of Education at the next regularly scheduled 16
meeting of the state board. The state board's decision shall be whether to uphold 17
or overturn the local board's decision[The board shall seek approval by the 18
commissioner of education for removing the superintendent. The commissioner of 19
education shall investigate the accuracy of the charges made, evaluate the 20
superintendent's overall performance during the superintendent's appointment, and 21
consider the educational performance of the students in the district. Within thirty 22
(30) days of notification, the commissioner of education shall either approve or 23
reject the board's request]. 24
(4) After the completion of a superintendent's first contract or after four (4) years, 25
whichever comes last, the board of education may, no later than June 30, extend the 26
contract of the superintendent for one (1) additional year beyond the current term of 27 UNOFFICIAL COPY 24 RS BR 1217
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employment. 1
Section 2. KRS 160.380 is amended to read as follows: 2
(1) As used in this section: 3
(a) "Administrative finding of child abuse or neglect" means a substantiated 4
finding of child abuse or neglect issued by the Cabinet for Health and Family 5
Services that is: 6
1. Not appealed through an administrative hearing conducted in 7
accordance with KRS Chapter 13B; 8
2. Upheld at an administrative hearing conducted in accordance with KRS 9
Chapter 13B and not appealed to a Circuit Court; or 10
3. Upheld by a Circuit Court in an appeal of the results of an 11
administrative hearing conducted in accordance with KRS Chapter 13B; 12
(b) "Alternative education program" means a program that exists to meet the 13
needs of students that cannot be addressed in a traditional classroom setting 14
but through the assignment of students to alternative classrooms, centers, or 15
campuses that are designed to remediate academic performance, improve 16
behavior, or provide an enhanced learning experience. Alternative education 17
programs do not include career or technical centers or departments; 18
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 19
Services indicating that there are no administrative findings of child abuse or 20
neglect relating to a specific individual; 21
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 22
daughter; and 23
(e) "Vacancy" means any certified position opening created by the resignation, 24
dismissal, nonrenewal of contract, transfer, or death of a certified staff 25
member of a local school district, or a new position created in a local school 26
district for which certification is required. However, if an employer-employee 27 UNOFFICIAL COPY 24 RS BR 1217
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bargained contract contains procedures for filling certified position openings 1
created by the resignation, dismissal, nonrenewal of contract, transfer, or 2
death of a certified staff member, or creation of a new position for which 3
certification is required, a vacancy shall not exist, unless certified positions 4
remain open after compliance with those procedures. 5
(2) Except as provided in KRS 160.346, the school district personnel actions identified 6
in this section shall be carried out as follows: 7
(a) All appointments, promotions, and transfers of principals, supervisors, 8
teachers, and other public school employees shall be made only by the 9
superintendent of schools, who shall notify the board of the action taken. All 10
employees of the local district shall have the qualifications prescribed by law 11
and by the administrative regulations of the Kentucky Board of Education and 12
of the employing board. Supervisors, principals, teachers, and other 13
employees may be appointed by the superintendent for any school year at any 14
time after February 1 preceding the beginning of the school year. No 15
superintendent of schools shall appoint or transfer himself or herself to 16
another position within the school district; 17
(b) When a vacancy occurs in a local school district, the superintendent shall 18
submit the job posting to the statewide job posting system described in KRS 19
160.152 fifteen (15) days before the position shall be filled. The local school 20
district shall post position openings in the local board office for public 21
viewing; 22
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 23
prevent disruption of necessary instructional or support services of the school 24
district, the superintendent may seek a waiver from the chief state school 25
officer. If the waiver is approved, the appointment shall not be made until the 26
person recommended for the position has been approved by the chief state 27 UNOFFICIAL COPY 24 RS BR 1217
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school officer. The chief state school officer shall respond to a district's 1
request for waiver or for approval of an appointment within two (2) working 2
days; and 3
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 4
search to locate minority teachers to be considered for the position. The 5
superintendent shall, pursuant to administrative regulations of the Kentucky 6
Board of Education, report annually the district's recruitment process and the 7
activities used to increase the percentage of minority teachers in the district. 8
(3) Restrictions on employment of relatives shall be as follows: 9
(a) No relative of a superintendent of schools shall be an employee of the school 10
district. However, this shall not apply to a relative who is a classified or 11
certified employee of the school district for at least thirty-six (36) months 12
prior to the superintendent assuming office and who is qualified for the 13
position the employee holds. A superintendent's spouse who has previously 14
been employed in a school system may be an employee of the school district. 15
A superintendent's spouse who is employed under this provision shall not hold 16
a position in which the spouse supervises certified or classified employees. A 17
superintendent's spouse may supervise teacher aides and student teachers. 18
However, the superintendent shall not promote a relative who continues 19
employment under an exception of this subsection; 20
(b) No superintendent shall employ a relative of a school board member of the 21
district; 22
(c) No principal's relative shall be employed in the principal's school; and 23
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 24
this subsection may be employed as a substitute for a certified or classified 25
employee if the relative is not: 26
1. A regular full-time or part-time employee of the district; 27 UNOFFICIAL COPY 24 RS BR 1217
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2. Accruing continuing contract status or any other right to continuous 1
employment; 2
3. Receiving fringe benefits other than those provided other substitutes; or 3
4. Receiving preference in employment or assignment over other 4
substitutes. 5
(4) No superintendent shall assign a certified or classified staff person to an alternative 6
education program as part of any disciplinary action taken pursuant to KRS 161.011 7
or 161.790 as part of a corrective action plan established pursuant to the local 8
district evaluation plan. 9
(5) No superintendent shall initially employ in any position in the district any person 10
who is a violent offender or has been convicted of a sex crime as defined by KRS 11
17.165 which is classified as a felony or persons with an administrative finding of 12
child abuse or neglect in records maintained by the Cabinet for Health and Family 13
Services. Nor shall the superintendent [may ]employ[, at his discretion, except at a 14
Kentucky Educational Collaborative for State Agency Children program,] persons 15
convicted of any sex crime[ crimes] classified as a misdemeanor under KRS 16
510.120, 510.130, 510.140, 510.148, or 510.150. 17
(6) Requirements for background checks shall be as follows: 18
(a) A superintendent shall require the following individuals to submit to a 19
national and state criminal background check by the Department of Kentucky 20
State Police and the Federal Bureau of Investigation and have a clear CA/N 21
check, provided by the individual: 22
1. Each new certified or classified hire; 23
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 24
161.185; 25
3. A student teacher; 26
4. A school-based decision making council parent member; and 27 UNOFFICIAL COPY 24 RS BR 1217
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5. Any adult who is permitted access to school grounds on a regularly 1
scheduled and continuing basis pursuant to a written agreement for the 2
purpose of providing services directly to a student or students as part of 3
a school-sponsored program or activity; 4
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 5
a. Classified and certified individuals employed by the school district 6
prior to June 27, 2019; 7
b. Certified individuals who were employed in another certified 8
position in a Kentucky school district within six (6) months of the 9
date of hire and who had previously submitted to a national and 10
state criminal background check and who have a clear CA/N check 11
for the previous employment; or 12
c. Student teachers who have submitted to and provide a copy of a 13
national and state criminal background check by the Department 14
of Kentucky State Police and the Federal Bureau of Investigation 15
through an accredited teacher education institution in which the 16
student teacher is enrolled and who have a clear CA/N check. 17
2. The Education Professional Standards Board may promulgate 18
administrative regulations to impose additional qualifications to meet 19
the requirements of Public Law 92-544; 20
(c) A parent member may serve prior to the receipt of the criminal history 21
background check and CA/N letter required by paragraph (a) of this 22
subsection but shall be removed from the council on receipt by the school 23
district of a report documenting a record of abuse or neglect, or a sex crime or 24
criminal offense against a victim who is a minor as defined in KRS 17.500, or 25
as a violent offender as defined in KRS 17.165, and no further procedures 26
shall be required; and 27 UNOFFICIAL COPY 24 RS BR 1217
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(d) A superintendent may require a volunteer or a visitor to submit to a national 1
and state criminal history background check by the Department of Kentucky 2
State Police and the Federal Bureau of Investigation and have a clear CA/N 3
check, provided by the individual. 4
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 5
vacancy occurs during a school term, a superintendent may employ an 6
individual, who will have supervisory or disciplinary authority over minors, 7
on probationary status pending receipt of the criminal history background 8
check and a clear CA/N check, provided by the individual. Application for the 9
criminal record and a request for a clear CA/N check of a probationary 10
employee shall be made no later than the date probationary employment 11
begins. 12
(b) Employment shall be contingent on the receipt of the criminal history 13
background check documenting that the probationary employee has no record 14
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 15
of a letter, provided by the individual, from the Cabinet for Health and Family 16
Services stating the employee is clear to hire based on no administrative 17
findings of child abuse or neglect found through a background check of child 18
abuse and neglect records maintained by the Cabinet for Health and Family 19
Services. 20
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 21
probationary employment under this section shall terminate on receipt by the 22
school district of a criminal history background check documenting a record 23
of a sex crime or as a violent offender as defined in KRS 17.165 and no 24
further procedures shall be required. 25
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 26
employee on the basis of a criminal record other than a record of a sex crime or as a 27 UNOFFICIAL COPY 24 RS BR 1217
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violent offender as defined in KRS 17.165, or on the basis of a CA/N check 1
showing an administrative finding of child abuse or neglect. 2
(9) (a) All fingerprints requested under this section shall be on an applicant 3
fingerprint card provided by the Department of Kentucky State Police. The 4
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 5
from the Department of Kentucky State Police after a state criminal 6
background check is conducted. The results of the state and federal criminal 7
background check shall be sent to the hiring superintendent. Any fee charged 8
by the Department of Kentucky State Police, the Federal Bureau of 9
Investigation, and the Cabinet for Health and Family Services shall be an 10
amount no greater than the actual cost of processing the request and 11
conducting the search. 12
(b) Each application form, provided by the employer to an applicant for a 13
certified or classified position, shall conspicuously state the following: "FOR 14
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 15
AND STATE CRIMINAL HISTORY BACKGRO UND CHECK AND A 16
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 17
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 18
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 19
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 20
ABUSE AND NEGLECT RECORDS MAINTAINE D BY THE CABINET 21
FOR HEALTH AND FAMILY SERVICES." 22
(c) Each application form for a district position shall require the applicant to: 23
1. Identify the states in which he or she has maintained residency, 24
including the dates of residency; and 25
2. Provide picture identification. 26
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 27 UNOFFICIAL COPY 24 RS BR 1217
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when an employee of the school district is charged with any offense which is 1
classified as a felony, the superintendent may transfer the employee to a second 2
position until such time as the employee is found not guilty, the charges are 3
dismissed, the employee is terminated, or the superintendent determines that further 4
personnel action is not required. The employee shall continue to be paid at the same 5
rate of pay he or she received prior to the transfer. If an employee is charged with 6
an offense outside of the Commonwealth, this provision may also be applied if the 7
charge would have been treated as a felony if committed within the 8
Commonwealth. Transfers shall be made to prevent disruption of the educational 9
process and district operations and in the interest of students and staff and shall not 10
be construed as evidence of misconduct. 11
(11) Notwithstanding any law to the contrary, each certified and classified employee of 12
the school district shall notify the superintendent if he or she has been found by the 13
Cabinet for Health and Family Services to have abused or neglected a child, and if 14
he or she has waived the right to appeal a substantiated finding of child abuse or 15
neglect or if the substantiated incident was upheld upon appeal. Any failure to 16
report this finding shall result in the certified or classified employee being subject 17
to dismissal or termination. 18
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 19
Health and Family Services website. 20