KRS § 160.380 — KY Code / Title XIII / Chapter 160 / Section 160.380
160.380 School district personnel actions -- Restrictions on appointment of relatives, violent offenders, and persons convicted of sex crimes -- Restriction on assignment to alternative education program as disciplinary action -- National and state criminal history background checks and clear CA/N checks -- Requirements for drivers of non-school bus passenger vehicles -- Probationary status -- Termination on basis of criminal record -- Fingerprint card -- Application forms -- Employees charged with felony offenses -- Notification by employee found to have abused or neglected a child
Status: in_force

160.380 School district personnel actions -- Restrictions on appointment of

relatives, violent offenders, and persons convicted of sex crimes -- Restriction

on assignment to alternative education program as disciplinary action --

National and state criminal history background checks and clear CA/N checks

-- Requirements for drivers of non-school bus passenger vehicles --

Probationary status -- Termination on basis of criminal record -- Fingerprint

card -- Application forms -- Employees charged with felony offenses --

Notification by employee found to have abused or neglected a child.

(1) As used in this section:

(a) "Administrative finding of child abuse or neglect" means a substantiated

finding of child abuse or neglect issued by the Cabinet for Health and Family

Services that is:

1. Not appealed through an administrative hearing conducted in

accordance with KRS Chapter 13B;

2. Upheld at an administrative hearing conducted in accordance with KRS

Chapter 13B and not appealed to a Circuit Court; or

3. Upheld by a Circuit Court in an appeal of the results of an

administrative hearing conducted in accordance with KRS Chapter 13B;

(b) "Alternative education program" means a program that exists to meet the

needs of students that cannot be addressed in a traditional classroom setting

but through the assignment of students to alternative classrooms, centers, or

campuses that are designed to remediate academic performance, improve

behavior, or provide an enhanced learning experience. Alternative education

programs do not include career or technical centers or departments;

(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family

Services indicating that there are no administrative findings of child abuse or

neglect relating to a specific individual;

(d) "Relative" means father, mother, brother, sister, husband, wife, son and

daughter; and

(e) "Vacancy" means any certified position opening created by the resignation,

dismissal, nonrenewal of contract, transfer, or death of a certified staff

member of a local school district, or a new position created in a local school

district for which certification is required. However, if an employer-employee

bargained contract contains procedures for filling certified position openings

created by the resignation, dismissal, nonrenewal of contract, transfer, or

death of a certified staff member, or creation of a new position for which

certification is required, a vacancy shall not exist, unless certified positions

remain open after compliance with those procedures.

(2) Except as provided in KRS 160.346, the school district personnel actions identified

in this section shall be carried out as follows:

(a) All appointments, promotions, and transfers of principals, supervisors,

teachers, and other public school employees shall be made only by the

superintendent of schools, who shall notify the board of the action taken. All

employees of the local district shall have the qualifications prescribed by law

and by the administrative regulations of the Kentucky Board of Education and

of the employing board. Supervisors, principals, teachers, and other

employees may be appointed by the superintendent for any school year at any

time after February 1 preceding the beginning of the school year. No

superintendent of schools shall appoint or transfer himself or herself to

another position within the school district;

(b) When a vacancy occurs in a local school district, the superintendent shall

submit the job posting to the statewide job posting system described in KRS

160.152 fifteen (15) days before the position shall be filled. The local school

district shall post position openings in the local board office for public

viewing;

(c) When a vacancy needs to be filled in less than fifteen (15) days' time to

prevent disruption of necessary instructional or support services of the school

district, the superintendent may seek a waiver from the chief state school

officer outside of the process established in KRS 156.161. If the waiver is

approved, the appointment shall not be made until the person recommended

for the position has been approved by the chief state school officer. The chief

state school officer shall respond to a district's request for waiver or for

approval of an appointment within two (2) working days; and

(d) When a vacancy occurs in a local district, the superintendent shall conduct a

search to locate minority teachers to be considered for the position. The

superintendent shall, pursuant to administrative regulations of the Kentucky

Board of Education, report annually the district's recruitment process and the

activities used to increase the percentage of minority teachers in the district.

(3) Restrictions on employment of relatives shall be as follows:

(a) No relative of a superintendent of schools shall be an employee of the school

district. However, this shall not apply to a relative who is a classified or

certified employee of the school district for at least thirty-six (36) months

prior to the superintendent assuming office and who is qualified for the

position the employee holds. A superintendent's spouse who has previously

been employed in a school system may be an employee of the school district.

A superintendent's spouse who is employed under this provision shall not hold

a position in which the spouse supervises certified or classified employees. A

superintendent's spouse may supervise teacher aides and student teachers.

However, the superintendent shall not promote a relative who continues

employment under an exception of this subsection;

(b) No superintendent shall employ a relative of a school board member of the

district;

(c) No principal's relative shall be employed in the principal's school; and

(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of

this subsection may be employed as a substitute for a certified or classified

employee if the relative is not:

1. A regular full-time or part-time employee of the district;

2. Accruing continuing contract status or any other right to continuous

employment;

3. Receiving fringe benefits other than those provided other substitutes; or

4. Receiving preference in employment or assignment over other

substitutes.

(4) No superintendent shall assign a certified or classified staff person to an alternative

education program as part of any disciplinary action taken pursuant to KRS 161.011

or 161.790 as part of a corrective action plan established pursuant to the local

district evaluation plan.

(5) No superintendent shall employ in any position in the district any person who:

(a) Has been convicted of an offense that would classify a person as a violent

offender under KRS 439.3401;

(b) Has been convicted of a sex crime as defined by KRS 17.500 or a

misdemeanor offense under KRS Chapter 510;

(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or

(d) Has an administrative finding of child abuse or neglect in records maintained

by the Cabinet for Health and Family Services.

(6) Requirements for background checks shall be as follows:

(a) A superintendent shall require the following individuals to submit to a

national and state criminal background check by the Department of Kentucky

State Police and the Federal Bureau of Investigation and have a clear CA/N

check, provided by the individual:

1. Each new certified or classified hire;

2. A nonfaculty coach or nonfaculty assistant as defined under KRS

161.185;

3. A student teacher;

4. A school-based decision making council parent member; and

5. Any adult who is permitted access to school grounds on a regularly

scheduled and continuing basis pursuant to a written agreement for the

purpose of providing services directly to a student or students as part of

a school-sponsored program or activity;

(b) 1. The requirements of paragraph (a) of this subsection shall not apply to:

a. Classified and certified individuals employed by the school district

prior to June 27, 2019;

b. Certified individuals who were employed in another certified

position in a Kentucky school district within six (6) months of the

date of hire and who had previously submitted to a national and

state criminal background check and who have a clear CA/N check

for the previous employment; or

c. Student teachers who have submitted to and provide a copy of a

national and state criminal background check by the Department

of Kentucky State Police and the Federal Bureau of Investigation

through an accredited teacher education institution in which the

student teacher is enrolled and who have a clear CA/N check.

2. The Education Professional Standards Board may promulgate

administrative regulations to impose additional qualifications to meet

the requirements of Pub. L. No. 92-544;

(c) A parent member may serve prior to the receipt of the criminal history

background check and CA/N letter required by paragraph (a) of this

subsection but shall be removed from the council on receipt by the school

district of a report documenting a record of abuse or neglect, or a sex crime or

criminal offense against a victim who is a minor as defined in KRS 17.500, or

as a violent offender as defined in KRS 17.165, and no further procedures

shall be required;

(d) A superintendent may require a volunteer or a visitor to submit to a national

and state criminal history background check by the Department of Kentucky

State Police and the Federal Bureau of Investigation and have a clear CA/N

check, provided by the individual; and

(e) The superintendent of a school district operating under an alternative

transportation plan approved by the Kentucky Department of Education in

accordance with KRS 156.153(3) shall require the driver of any non-school

bus passenger vehicle authorized to transport students to and from school

pursuant to the alternative transportation plan who does not have a valid

commercial driver's license issued in accordance with KRS Chapter 281A

with an "S" endorsement to:

1. Submit to a national and state criminal background check by the

Department of Kentucky State Police and the Federal Bureau of

Investigation at least once every three (3) years and a criminal records

check conducted in accordance with KRS 27A.090 in all other years;

2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt.

40;

3. Provide a biannual driving history record check performed by the

Transportation Cabinet;

4. Provide an annual clear CA/N check;

5. Immediately notify the superintendent of any conviction for a violation

under KRS Chapter 189 for which penalty points are assessed; and

6. Immediately notify the superintendent of any citation or arrest for a

violation of any provision of KRS Chapter 189A. The superintendent

shall inform the Kentucky Department of Education of the notification.

(7) (a) If a certified or classified position remains unfilled after July 31 or if a

vacancy occurs during a school term, a superintendent may employ an

individual, who will have supervisory or disciplinary authority over minors,

on probationary status pending receipt of the criminal history background

check and a clear CA/N check, provided by the individual. Application for the

criminal record and a request for a clear CA/N check of a probationary

employee shall be made no later than the date probationary employment

begins.

(b) Employment shall be contingent on the receipt of the criminal history

background check documenting that the probationary employee has no record

of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt

of a letter, provided by the individual, from the Cabinet for Health and Family

Services stating the employee is clear to hire based on no administrative

findings of child abuse or neglect found through a background check of child

abuse and neglect records maintained by the Cabinet for Health and Family

Services.

(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary,

probationary employment under this section shall terminate on receipt by the

school district of a criminal history background check documenting a record

of a sex crime or as a violent offender as defined in KRS 17.165 and no

further procedures shall be required.

(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified

employee on the basis of a criminal record other than a record of a sex crime or as a

violent offender as defined in KRS 17.165, or on the basis of a CA/N check

showing an administrative finding of child abuse or neglect.

(9) (a) All fingerprints requested under this section shall be on an applicant

fingerprint card provided by the Department of Kentucky State Police. The

fingerprint cards shall be forwarded to the Federal Bureau of Investigation

from the Department of Kentucky State Police after a state criminal

background check is conducted. The results of the state and federal criminal

background check shall be sent to the hiring superintendent. Any fee charged

by the Department of Kentucky State Police, the Federal Bureau of

Investigation, and the Cabinet for Health and Family Services shall be an

amount no greater than the actual cost of processing the request and

conducting the search.

(b) Each application form, provided by the employer to an applicant for a

certified or classified position, shall conspicuously state the following: "FOR

THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL

AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A

LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET

FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT

HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR

NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD

ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET

FOR HEALTH AND FAMILY SERVICES."

(c) Each application form for a district position shall require the applicant to:

1. Identify the states in which he or she has maintained residency,

including the dates of residency; and

2. Provide picture identification.

(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary,

when an employee of the school district is charged with any offense which is

classified as a felony, the superintendent may transfer the employee to a second

position until such time as the employee is found not guilty, the charges are

dismissed, the employee is terminated, or the superintendent determines that further

personnel action is not required. The employee shall continue to be paid at the same

rate of pay he or she received prior to the transfer. If an employee is charged with

an offense outside of the Commonwealth, this provision may also be applied if the

charge would have been treated as a felony if committed within the

Commonwealth. Transfers shall be made to prevent disruption of the educational

process and district operations and in the interest of students and staff and shall not

be construed as evidence of misconduct.

(11) Notwithstanding any law to the contrary, each certified and classified employee of

the school district shall notify the superintendent if he or she has been found by the

Cabinet for Health and Family Services to have abused or neglected a child, and if

he or she has waived the right to appeal a substantiated finding of child abuse or

neglect or if the substantiated incident was upheld upon appeal. Any failure to

report this finding shall result in the certified or classified employee being subject

to dismissal or termination.

(12) The form for requesting a CA/N check shall be made available on the Cabinet for

Health and Family Services website.