KRS § 156.132 — KY Code / Title XIII / Chapter 156 / Section 156.132
156.132 Removal or suspension of public school officers -- Procedure, grounds, conditions
Status: in_force

156.132 Removal or suspension of public school officers -- Procedure, grounds,

conditions.

As used in this section, except subsection (1), "public school officer" means a person who

previously served as a superintendent of schools during which time charges were brought

against him under this section.

(1) The chief state school officer shall recommend, by written charges to the proper

school authorities having immediate jurisdiction, the removal of any superintendent

of schools, principal, teacher, member of a school council, or other public school

officer as to whom he has reason to believe is guilty of immorality, misconduct in

office, incompetency, willful neglect of duty, or nonfeasance. In the case of a

member of a school council, the written charges shall be provided to the local board

of education.

(2) The chief state school officer shall recommend by written charges the suspension by

the Kentucky Board of Education of any superintendent of schools or other public

school officer whom he has reason to believe is guilty of immorality, misconduct in

office, incompetency, willful neglect of duty, or nonfeasance. If the charges brought

under this subsection represent an immediate threat to the public health, safety, or

welfare, the Kentucky Board of Education shall summarily suspend the person

against whom the charges are made. The action by the Kentucky Board of

Education may be taken upon a recommendation of the chief state school officer, or

the action may be taken by a majority vote of the Kentucky Board of Education

without recommendation from the chief state school officer.

(3) The Kentucky Board of Education may suspend a district superintendent of schools

or other public school officer under subsection (2) of this section or remove him

pursuant to subsection (5) of this section only if, after thirty (30) days of receipt of

the written charges specified in subsection (1) of this section, the proper school

authorities having immediate jurisdiction, either the superintendent or the district

board of education, have refused to act, have acted in bad faith, arbitrarily, or

capriciously, or if a recommendation to the district board would have been futile.

(4) Any officer suspended by the Kentucky Board of Education under subsection (2) of

this section shall be furnished with an emergency order specifying in detail the

reasons for suspension and notifying the officer of his right to appeal the action and

have an emergency hearing pursuant to KRS 13B.125.

(5) As an alternative to first seeking suspension, the chief state school officer may

recommend by written charges the removal by the Kentucky Board of Education of

any superintendent of schools or other public school officer whom he has reason to

believe is guilty of immorality, misconduct in office, incompetency, willful neglect

of duty, or nonfeasance. The officer against whom the written charges are issued by

the chief state school officer shall be furnished with the written charges and notice

of procedural rights conferred under KRS Chapter 13B. Within twenty (20) days

after receipt of the charges, the officer may notify the Kentucky Board of Education

of his intention to appear and answer the charges. Upon appeal, an administrative

hearing shall be conducted in accordance with KRS Chapter 13B. If the officer fails

to notify the board of his intention to appear and answer the charges, the Kentucky

Board of Education may remove the officer by a majority vote, and the dismissal

shall be final.

(6) The hearing shall be public or private at the discretion of the accused former or

current superintendent and shall be public when testimony is taken for board

members.

(7) The Kentucky Board of Education may meet in closed session to consider the

evidence and may by a majority vote remove the officer. If the board votes to

remove the officer, the board shall prepare final order specifying which charge or

charges it found to be the basis for removal. If within ninety (90) days from the date

of suspension if applicable, the state board has not removed the officer, or has

dismissed the charges, the suspended officer shall be reinstated and shall be paid his

full salary for the period of suspension.

(8) The officer shall have a right to appeal on the record to the Circuit Court located in

the county of the school district in accordance with KRS Chapter 13B. If the

decision of the court is against removal, the officer shall be paid his full salary from

the date of suspension. The payment shall be made from funds appropriated to the

State Department of Education.

(9) If a superintendent of schools is removed from office or resigns while charges are

pending pursuant to this section after July 15, 1994, any continuing contract

pursuant to KRS 161.720 to 161.810 shall be terminated. If the removal is reversed

upon appeal, the continuing contract shall be restored and he shall be paid his full

salary for the period of suspension.