Kentucky Statutes 161.765 – Procedures for demotion of administrative personnel — Appeal
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(1) A superintendent may demote an administrator by complying with the requirements of KRS § 161.760 when the administrator:
(a) Has not completed three (3) years of administrative service, not including leave granted under KRS § 161.770; or
(b) Is in a district-level administrative position in a county school district in a county with a consolidated local government adopted under KRS Chapter
67C.
(2) Except for an administrator described in subsection (1)(b) of this section, an administrator who has completed three (3) years of administrative service, not including leave granted under KRS § 161.770, cannot be demoted unless the following procedures have been complied with:
(a) The superintendent shall give written notice of the demotion to the board of education and to the administrator. If the administrator wishes to contest the demotion, he or she shall, within ten (10) days of receipt of the notice, file a written statement of his or her intent to contest with the superintendent. If the administrator does not make timely filing of his or her statement of intent to contest, the action shall be final.
(b) Upon receipt of the notice of intent to contest the demotion, a written statement of grounds for demotion, signed by the superintendent, shall be served on the administrator. The statement shall contain:
1. A specific and complete statement of grounds upon which the proposed demotion is based, including, where appropriate, dates, times, names, places, and circumstances;
2. The date, time, and place for a hearing, the date to be not less than twenty (20) nor more than thirty (30) days from the date of service of the statement of grounds for demotion upon the administrator.
(c) Upon receipt of the statement of grounds for demotion the administrator shall, within ten (10) days, file a written answer. Failure to file such answer, within the stated period, will relieve the board of any further obligation to hold a hearing and the action shall be final. The board shall issue subpoenas as are requested.
(d) The hearing on the demotion shall be public or private, at the discretion of the administrator and shall be limited to the matters set forth in the written statement of grounds for demotion. The board shall provide to the administrator a verbatim transcript of the hearing. The board of education shall hear the case, with the board chairman presiding. The board, upon hearing the evidence and argument presented, shall retire to private chambers to arrive at a decision. Counsel or representatives for either party in the hearing shall not be consulted by the board unless the corresponding counsel or representatives for the other party are present and unless a verbatim transcript of such consultation is made for the record.
(e) Within five (5) days from the close of the hearing, the board of education shall
advise the parties of its decision and shall take official action in the case.
(f) Appeal from final board action may be taken in the same manner and under the same provisions as an appeal from tribunal action under KRS § 161.790.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 65, sec. 5, effective June 27, 2019. — Amended
1990 Ky. Acts ch. 476, Pt. IV, sec. 283, effective July 13, 1990. — Created 1974 Ky. Acts ch. 356, sec. 2.
(a) Has not completed three (3) years of administrative service, not including leave granted under KRS § 161.770; or
Terms Used In Kentucky Statutes 161.765
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Chambers: A judge's office.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) Is in a district-level administrative position in a county school district in a county with a consolidated local government adopted under KRS Chapter
67C.
(2) Except for an administrator described in subsection (1)(b) of this section, an administrator who has completed three (3) years of administrative service, not including leave granted under KRS § 161.770, cannot be demoted unless the following procedures have been complied with:
(a) The superintendent shall give written notice of the demotion to the board of education and to the administrator. If the administrator wishes to contest the demotion, he or she shall, within ten (10) days of receipt of the notice, file a written statement of his or her intent to contest with the superintendent. If the administrator does not make timely filing of his or her statement of intent to contest, the action shall be final.
(b) Upon receipt of the notice of intent to contest the demotion, a written statement of grounds for demotion, signed by the superintendent, shall be served on the administrator. The statement shall contain:
1. A specific and complete statement of grounds upon which the proposed demotion is based, including, where appropriate, dates, times, names, places, and circumstances;
2. The date, time, and place for a hearing, the date to be not less than twenty (20) nor more than thirty (30) days from the date of service of the statement of grounds for demotion upon the administrator.
(c) Upon receipt of the statement of grounds for demotion the administrator shall, within ten (10) days, file a written answer. Failure to file such answer, within the stated period, will relieve the board of any further obligation to hold a hearing and the action shall be final. The board shall issue subpoenas as are requested.
(d) The hearing on the demotion shall be public or private, at the discretion of the administrator and shall be limited to the matters set forth in the written statement of grounds for demotion. The board shall provide to the administrator a verbatim transcript of the hearing. The board of education shall hear the case, with the board chairman presiding. The board, upon hearing the evidence and argument presented, shall retire to private chambers to arrive at a decision. Counsel or representatives for either party in the hearing shall not be consulted by the board unless the corresponding counsel or representatives for the other party are present and unless a verbatim transcript of such consultation is made for the record.
(e) Within five (5) days from the close of the hearing, the board of education shall
advise the parties of its decision and shall take official action in the case.
(f) Appeal from final board action may be taken in the same manner and under the same provisions as an appeal from tribunal action under KRS § 161.790.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 65, sec. 5, effective June 27, 2019. — Amended
1990 Ky. Acts ch. 476, Pt. IV, sec. 283, effective July 13, 1990. — Created 1974 Ky. Acts ch. 356, sec. 2.