KRS § 156.808 — KY Code / Title XIII / Chapter 156 / Section 156.808
156.808 Personnel of Office of Career and Technical Education -- Administrative regulations -- Appeals to Kentucky Technical Education Personnel Board
Status: in_force

156.808 Personnel of Office of Career and Technical Education -- Administrative

regulations -- Appeals to Kentucky Technical Education Personnel Board.

(1) The Kentucky Board of Education shall promulgate, by administrative regulations,

personnel policies and procedures for all full-time and part-time unclassified

employees, certified and equivalent staff, including administrative, teaching, and

supervisory staff in the Office of Career and Technical Education central office and

state-operated vocational facilities. All other staff shall remain under the authority

of the Kentucky Personnel Cabinet and KRS Chapter 18A. Employees who transfer

to or from the KRS Chapter 18A personnel system shall transfer accrued annual,

compensatory, and sick leave.

(2) As provided in KRS 156.800 to 156.860, the Kentucky Board of Education shall

promulgate administrative regulations for the administration of a personnel system

in the Office of Career and Technical Education which are consistent with the

provisions of KRS 156.800 to 156.860 and with federal standards for state

government agencies receiving federal grants.

(3) The Kentucky Board of Education shall promulgate administrative regulations for

full-time and part-time certified and equivalent staff governing:

(a) Establishment and abolishment of positions, including a prohibition against

eliminating funding for or abolishment of a teaching position at a state-

operated secondary area vocational education and technology center during a

school year in which students are enrolled in the program;

(b) Applications;

(c) Classification and compensation plans;

(d) Incentive programs;

(e) Selection of employees;

(f) Types of appointments;

(g) Attendance, including hours of work, compensatory time, and annual, court,

military, sick, voting, and special leaves of absence;

(h) Preparation, maintenance, and revision of a position classification plan and an

equitable salary schedule for certified and equivalent staff based on

qualifications, experience, and responsibilities;

(i) Extent and duration of the state-operated area vocational education and

technology centers' school term, use of school days, and extended

employment;

(j) Employee evaluations;

(k) Programs to improve the work effectiveness of employees including staff

development;

(l) Demotion;

(m) Dismissal;

(n) Lay-offs;

(o) Suspensions and other disciplinary measures;

(p) Probationary periods, limited employment status, and continuing employment

status;

(q) Promotion;

(r) Transfer;

(s) Appeals; and

(t) Employee grievances and complaints.

(4) (a) Administrative regulations promulgated by the Kentucky Board of Education

shall comply with the provisions of KRS 156.800 to 156.860 and KRS

Chapter 13A and shall have the force and effect of law.

(b) Administrative regulations promulgated by the Kentucky Board of Education

shall not expand or restrict rights granted to, or duties imposed upon,

employees and administrative bodies by the provisions of KRS 156.800 to

156.860.

(c) No administrative body other than the Kentucky Board of Education shall

promulgate administrative regulations governing the subject matters specified

in this section.

(d) Policies and procedures for the implementation of administrative regulations

shall be developed by the Department of Education.

(5) The commissioner of education shall be the appointing authority with respect to all

personnel actions for the Office of Career and Technical Education. The

commissioner may authorize a designee to act on behalf of the agency with respect

to employee appointments, position establishments, payroll documents,

reemployment lists, waiver requests, or other position actions. Any personnel

designation shall be in writing. Authority to employ personnel may be delegated to

the vocational school management by the commissioner. Any recommendation for

employment from the local level shall be based on guidelines promulgated by the

commissioner of education and shall be contingent upon confirmation by the

commissioner of education.

(6) The Kentucky Board of Education shall promulgate other administrative regulations

to govern proceedings which relate to certified and equivalent employees and which

shall provide for:

(a) The procedures to be utilized by the Kentucky Technical Education Personnel

Board in the conduct of hearings, consistent with KRS Chapter 13B;

(b) Discharge, as provided by this section;

(c) Imposition, as a disciplinary measure, of a suspension from service without

pay for up to thirty (30) working days and, in accordance with the provisions

of KRS 156.820, for the manner of notification of the employee of the

discipline and right of appeal;

(d) Promotions which shall give appropriate consideration to the applicant's

qualifications, record of performance, and conduct;

(e) Supplementary information for the salary schedule for certified and equivalent

staff including teachers, counselors, administrators, managers, and

educational consultants in state-operated vocational technical facilities, field

offices, and central office in the Office of Career and Technical Education

that shall provide uniformity, recognition of education, teaching, and

supervisory experience and use as a base the average salary paid to beginning

classroom teachers by all public schools in the state for personnel with

comparable qualifications and experience. Indexes may be incorporated in the

compensation plan for administrative responsibilities. The salary schedule

shall be computed annually, and shall be submitted to and approved by the

Governor;

(f) Reemployment of laid-off employees in accordance with the provisions of

KRS 156.800 to 156.860;

(g) Establishment of a plan for resolving employee grievances and complaints.

The plan shall not restrict rights granted employees by the provisions of KRS

156.800 to 156.860; and

(h) Any other administrative regulations not inconsistent with this chapter and

KRS Chapter 13A proper and necessary for its enforcement.

(7) The Department of Education shall make investigations, either on petition of a

citizen, taxpayer, interested party, or as deemed necessary by the commissioner,

concerning the enforcement and effect of KRS 156.808, 156.810, 156.812, 156.814,

156.816, 156.818, 156.820, 156.822, 156.824, 156.826, 156.828, 156.830, 156.832,

156.834, 156.836 , and 156.838, shall require observance of the provisions and the

administrative regulations promulgated pursuant to the provisions of KRS 156.800

to 156.860 and KRS Chapter 13A, and shall make investigation as requested by the

General Assembly or the Governor and to report thereon.

(8) The Kentucky Board of Education shall promulgate administrative regulations,

pursuant to KRS Chapter 13A, for an appeal system for aggrieved certified or

equivalent employees.

(9) The Kentucky Technical Education Personnel Board shall hear appeals from

applicants for positions or from certified, equivalent, and unclassified employees

who have been dismissed, demoted, suspended, or otherwise penalized for cause.

Effective August 15, 2000, appeals from assistants and secretaries in the Office of

Career and Technical Education attached to policymaking positions shall be

governed by KRS 18A.095. The State Personnel Board, established in KRS

18A.045, shall hear appeals that are pending as of August 15, 2000, from assistants

and secretaries attached to policymaking positions in the Office of Career and

Technical Education.

(10) The Kentucky Technical Education Personnel Board may, any statute to the

contrary notwithstanding, delegate the conduct of the hearing and the rendition of a

recommended order to the full board, to a panel of the board, or to a hearing officer,

relative to any hearing appeal, or decision, judicial or quasi-judicial in nature,

which the board is empowered or directed, by KRS 156.800 to 156.860 or any other

chapter, to conduct, hear, or make; provided, however, that the full board as

provided by statute, makes the final order, based upon the evidence submitted.

(11) The Kentucky Board of Education shall promulgate administrative regulations,

pursuant to KRS Chapter 13A, governing the unclassified service including the

preparation and maintenance of a salary schedule and other administrative

regulations authorized by KRS 156.800 to 156.860.

(12) The annual percentage salary increment for all certified and equivalent employees

subject to the personnel system established under KRS 156.800 to 156.860 shall be

at least equal to that funded and provided for other elementary and secondary

teachers.

(13) The positions of employees who are transferred, effective July 1, 1998, from the

former Cabinet for Workforce Development to the Kentucky Community and

Technical College System shall be abolished and the employees' names removed

from the roster of state employees. Employees who are transferred, effective July 1,

1998, to the Kentucky Community and Technical College System under KRS

Chapter 164 shall have the same benefits and rights as they had under KRS Chapter

18A and have under KRS 164.5805; however, they shall have no guaranteed

reemployment rights in KRS 156.800 to 156.860 or KRS Chapter 18A personnel

systems. An employee who seeks reemployment in a state position under KRS

156.800 to 156.860 or KRS Chapter 18A shall have years of service in the

Kentucky Community and Technical College System counted toward years of

experience for calculating benefits and compensation.