KRS § 161.790 — KY Code / Title XIII / Chapter 161 / Section 161.790
161.790 Termination of contract by board -- Administrative hearing tribunal -- Sanctions
Status: in_force

161.790 Termination of contract by board -- Administrative hearing tribunal --

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.

(4) (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 (15)

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.