KRS § 161.120 — KY Code / Title XIII / Chapter 161 / Section 161.120
161.120 Disciplinary actions relating to certificates -- Complaint review process -- Superintendent report of school employee whose contract is terminated or not reviewed -- Hearing -- Appeals
Status: in_force

161.120 Disciplinary actions relating to certificates -- Complaint review process --

Superintendent report of school employee whose contract is terminated or not

reviewed -- Hearing -- Appeals.

(1) Except as described in KRS 161.795, the Education Professional Standards Board

may revoke, suspend, or refuse to issue or renew; impose probationary or

supervisory conditions upon; issue a written reprimand or admonishment; or any

combination of those actions regarding any certificate issued under KRS 161.010 to

161.100, or any certificate or license issued under any previous law to

superintendents, principals, teachers, substitute teachers, interns, supervisors,

directors of pupil personnel, or other administrative, supervisory, or instructional

employees for the following reasons:

(a) Being convicted of, or entering an "Alford" plea or plea of nolo contendere to,

notwithstanding an order granting probation or suspending imposition of any

sentence imposed following the conviction or entry of the plea, one (1) of the

following:

1. A felony;

2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525,

529, 530, or 531; or

3. A misdemeanor involving a student or minor.

A certified copy of the conviction or plea shall be conclusive evidence of the

conviction or plea;

(b) Having sexual contact as defined in KRS 510.010(7) with a student or minor.

Conviction in a criminal proceeding shall not be a requirement for

disciplinary action;

(c) Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral

conduct. If the act constitutes a crime, conviction in a criminal proceeding

shall not be a condition precedent to disciplinary action;

(d) Demonstrating willful or careless disregard for the health, welfare, or safety

of others;

(e) Physical or mental incapacity that prevents the certificate holder from

performing duties with reasonable skill, competence, or safety;

(f) Possessing, using, or being under the influence of alcohol, which impairs the

performance of duties;

(g) Unlawfully possessing or unlawfully using a drug during the performance of

duties;

(h) Incompetency or neglect of duty;

(i) Making, or causing to be made, any false or misleading statement or

concealing a material fact in obtaining issuance or renewal of any certificate;

(j) Failing to report as required by subsection (3) of this section;

(k) Failing to comply with an order of the Education Professional Standards

Board;

(l) Violating any state statute relating to schools or the teaching profession;

(m) Violating the professional code of ethics for Kentucky school certified

personnel established by the Education Professional Standards Board through

the promulgation of administrative regulation;

(n) Violating any administrative regulation promulgated by the Education

Professional Standards Board or the Kentucky Board of Education; or

(o) Receiving disciplinary action or having the issuance of a certificate denied or

restricted by another jurisdiction on grounds that constitute a violation of this

subsection.

(2) The Education Professional Standards Board shall respond to complaints against a

certificate holder by the following process:

(a) 1. Except as provided in subparagraph 2. of this paragraph, within thirty

(30) calendar days of the receipt of a completed complaint, board staff

shall conduct an initial review to determine whether there is sufficient

evidence that a violation may have occurred and shall provide notice of

the initial determination to the certificate holder within seven (7)

business days that shall include the complete copy of the report and all

underlying relevant documents and records. If the complaint alleges

unauthorized electronic communication as defined in KRS 160.145,

sexual contact, or other sexual misconduct, the identity of a complainant

that is not the superintendent and any identifying information of the

minor involved in the complaint shall remain confidential.

2. When a complaint alleges unauthorized electronic communication, as

defined in KRS 160.145, sexual contact, or other sexual misconduct, the

board staff shall have one hundred twenty (120) days to conduct the

initial review required by subparagraph 1. of this paragraph;

(b) Upon receipt of the notice, the certificate holder shall have thirty (30)

calendar days to respond or provide a rebuttal to any complaint that was

determined to contain sufficient evidence that a violation may have occurred.

The response period shall be extended an additional thirty (30) calendar days

upon the certificate holder's written request submitted to the board;

(c) Within ten (10) business days of the receipt of the certificate holder's response

or the end of the response period established in paragraph (b) of this

subsection, board staff shall conduct another review of the complaint to

determine if sufficient evidence exists to support a violation. If the board staff

determines that the evidence is:

1. Insufficient, then the board staff shall recommend dismissal and shall

notify the certificate holder and the complainant of the recommendation

within seven (7) business days of the determination; or

2. Sufficient, then the board staff shall have seven (7) business days to

notify the certificate holder and the complainant of the determination.

Notice to the complainant shall only state that further proceedings will

occur;

(d) Upon a determination that sufficient evidence exists to support a possible

violation, within the notice required under paragraph (c)2. of this subsection,

board staff shall initiate an in-person or virtual conference with the certificate

holder to share information and to determine if an agreed resolution can be

recommended to the board concerning the alleged violation. The conference

shall be scheduled within thirty (30) calendar days of the determination. The

certificate holder may decline the conference. If the conference does not occur

due to the certificate holder's failure to respond within the thirty (30) calendar

days, the required conference shall be considered waived. The certificate

holder may have an attorney present at the conference;

(e) Upon the conclusion of the thirty (30) calendar days conference period, the

board shall act on the complaint within thirty (30) calendar days. If the board

fails to act on the complaint within the thirty (30) calendar days, then the

complaint shall be considered dismissed. The board shall consider the entirety

of the complaint with any associated response or recommended agreed

resolution to determine:

1. Dismissal, conditional dismissal upon completion of training,

admonishment, further investigation, or initiation of a hearing;

2. Approval of the recommended agreed resolution; or

3. A deferral if:

a. The content of the complaint is subject to ongoing:

i. Criminal investigation or proceedings;

ii. Child abuse, dependency, or neglect investigation by an

authorized state agency; or

iii. Teacher tribunal process as provided in KRS 161.790; or

b. The deferral is agreed to by the certificate holder; and

(f) The provision of a confirmation of receipt from the board to the certificate

holder whenever the certificate holder submits a response or correspondence

to the board.

(3) (a) The superintendent of each local school district shall report in writing to the

Education Professional Standards Board the name, address, phone number,

Social Security number, and position name of any certified school employee

in the employee's district whose contract is terminated or not renewed, for

cause except failure to meet local standards for quality of teaching

performance prior to the employee gaining tenure; who resigns from, or

otherwise leaves, a position under threat of contract termination, or

nonrenewal, for cause; who is convicted in a criminal prosecution; or who

otherwise may have engaged in any actions or conduct while employed in the

school district that might reasonably be expected to warrant consideration for

action against the certificate under subsection (1) of this section. The duty to

report shall exist without regard to any disciplinary action, or lack thereof, by

the superintendent, and the required report shall be submitted within thirty

(30) calendar days of the event giving rise to the duty to report.

(b) The district superintendent shall inform the Education Professional Standards

Board in writing of the full facts and circumstances leading to the contract

termination or nonrenewal, resignation, or other absence, conviction, or

otherwise reported actions or conduct of the certified employee, that may

warrant action against the certificate under subsection (1) of this section, and

shall forward copies of all relevant documents and records in his or her

possession.

(c) The Education Professional Standards Board shall provide the superintendent

confirmation of receipt of any report submitted by the superintendent within

seven (7) business days and shall provide the superintendent with notice of:

1. Whether or not board staff determine that there is sufficient evidence in

the report that a violation may have occurred; and

2. Any board action taken against the certificate holder who is the subject

of the report.

(d) The Education Professional Standards Board may consider reports and

information received from other sources.

(e) The certified school employee shall be given a copy of any report provided to

the Education Professional Standards Board by the district superintendent or

other sources. The employee shall have the right to file a written rebuttal

pursuant to subsection (2) of this section to the report which shall be placed in

the official file with the report.

(4) A finding or action by a school superintendent or tribunal does not create a

presumption of a violation or lack of a violation of subsection (1) of this section.

(5) The board may issue a written admonishment to the certificate holder if the board

determines, based on the evidence, that a violation has occurred that is not of a

serious nature. A copy of the written admonishment shall be placed in the official

file of the certificate holder. The certificate holder may respond in writing to the

admonishment within thirty (30) calendar days of receipt and have that response

placed in his or her official certification file. Alternatively, the certificate holder

may file a request for a hearing with the board within thirty (30) calendar days of

receipt of the admonishment. Upon receipt of a request for a hearing, the board

shall set aside the written admonishment and set the matter for hearing pursuant to

the provisions of KRS Chapter 13B within thirty (30) calendar days of receipt of the

request.

(6) (a) In accordance with the timeline specified in this section, the Education

Professional Standards Board shall schedule and conduct a hearing in

accordance with KRS Chapter 13B:

1. Upon determining that a complaint warrants possible revoking,

suspending, refusing to renew, imposing probationary or supervisory

conditions upon, issuing a written reprimand, or any combination of

these actions regarding any certificate;

2. After denying an application for a certificate, upon written request filed

within thirty (30) calendar days of receipt of the letter advising of the

denial; or

3. After issuing a written admonishment, upon written request for a

hearing filed within thirty (30) calendar days of receipt of the written

admonishment.

(b) If after the hearing required under paragraph (a) of this subsection is

scheduled and the certificate holder or applicant believes the hearing is not

timely, the certificate holder or applicant may submit a request for an

expedited hearing, and the hearing shall be conducted within sixty (60)

calendar days of the request.

(c) Upon request, a hearing may be public or private at the discretion of the

certified employee or applicant.

(d) The hearing shall be conducted before a hearing officer secured by the board

pursuant to KRS 13B.030 and the board may:

1. Employ hearing officers;

2. Contract with another agency for hearing officers;

3. Contract with private attorneys through personal service contracts; or

4. Secure a hearing officer from the Attorney General's office.

(e) The hearing shall afford the certificate holder all the rights secured under KRS

Chapter 13B.

(7) The Education Professional Standards Board or its chair may take emergency action

pursuant to KRS 13B.125. Emergency action shall not affect a certificate holder's

contract or tenure rights in the school district.

(8) If the Education Professional Standards Board substantiates that sexual contact

occurred between a certified employee and a student or minor, the employee's

certificate may be revoked or suspended with mandatory treatment of the employee

as prescribed by the Education Professional Standards Board. The Education

Professional Standards Board may require the employee to pay a specified amount

for mental health services for the student or minor which are needed as a result of

the sexual contact.

(9) At any time during the investigative or hearing processes, the board may enter into

an agreed order or accept an assurance of voluntary compliance with the certificate

holder.

(10) The board may reconsider, modify, or reverse its decision on any disciplinary

action.

(11) Suspension of a certificate shall be for a specified period of time, not to exceed two

(2) years.

(a) At the conclusion of the specified period, upon demonstration of compliance

with any educational requirements and the terms set forth in the agreed order,

the certificate shall be reactivated.

(b) A suspended certificate is subject to expiration and termination.

(12) Revocation of a certificate is a permanent forfeiture. The board shall establish the

minimum period of time before an applicant can apply for a new certificate.

(a) At the conclusion of the specified period, and upon demonstration of

compliance with any educational requirements and the terms set forth in the

agreed order, the applicant shall bear the burden of proof to show that he or

she is again fit for practice.

(b) The board shall have discretion to impose conditions that it deems reasonably

appropriate to ensure the applicant's fitness and the protection of public

safety. Any conditions imposed by the board shall address or apply to only

that time period after the revocation of the certificate.

(13) An appeal from any final order of the Education Professional Standards Board shall

be filed in Franklin Circuit Court or the Circuit Court of the county in which the

certificate holder was employed when the incident occurred in accordance with

KRS Chapter 13B which provides that all final orders of an agency shall be subject

to judicial review.