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SCHOOL PERSONNEL The 1990 Kentucky Education Reform Act made the superintendent responsible for most personnel actions, including hiring, dismissals, suspensions, reinstatements, assignments, transfers and promotions. The authority applies to all classified and certified positions. Board members are restricted by statute (KRS 160.170) from influencing the hiring or appointment of district employees, except the hiring of the superintendent, the school board attorney, the board secretary and the board treasurer. Except for those positions, if a board member attempts to influence an employment decision, the member may be subject to removal from office under state law. This prohibition does not apply to independent contractors such as architects, construction managers, consultants, contractors, or school suppliers who may sign a contract with the board. However, the board must be sure that these persons or groups are established as independent contractors.
NEPOTISM A candidate for school board who has a relative (father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son‑in‑law, or daughter‑in‑law) employed by the school district may not serve on the board. However, this does not apply to a board member holding office on July 13, 1990, whose relative was not initially hired by the district during the tenure of the board member. In practical terms, that means the relative had to be employed prior to the board member’s service on the board. A relative of a superintendent may not be an employee of the school district. This provision does not apply to a classified or certified employee of the school district who was employed at least 36 months prior to the superintendent assuming office, or prior to marrying a relative of the superintendent. A superintendent’s spouse who has at least 20 years of service in school systems may be an employee of the school district, but may not supervise certified or classified employees, except teacher aides and student teachers.
QUESTIONS v May the superintendent employ his/her spouse? If the spouse has a total of 20 years’ experience in school systems, the spouse may be employed. The experience does not have to be in the same school systems, and the law does not limit the school systems to Kentucky.
THE BOARD’S RELATIONSHIP TO EMPLOYEES In any large, complex organization it is necessary for the chief administrator to delegate many duties to subordinates over whom he/she exercises only general supervision. However, these subordinates are responsible to their immediate supervisor and to the superintendent. Because the superintendent must implement the board’s policies, the board should give the superintendent the authority necessary to develop an efficient administrative organization and should avoid dealing directly with other administrators without first communicating with, and working through, the superintendent. Failing to recognize the superintendent’s position tends to weaken his/her influence, damage morale, and make uncertain the real functions and authority of the position. It puts the superintendent in the position of being responsible for decisions and conditions over which he/she has no control. There should be a cooperative relationship between teachers and the board if the schools are to function effectively. Intelligent planning and policy making requires input from teachers, who are in a unique position to discern the needs of the schools. Not only should teachers and other instructional personnel have an opportunity to communicate their ideas for improving education, but pupils, classified personnel, parents and other citizens also have ideas and insights useful to the board in policy making. It not only makes good sense educationally to draw upon varied sources for ideas, but it is also good school‑community relations to involve community members in planning and policy making. Board members should remember that they are accountable to the community and not to employees of the district. Some boards of education have special board meetings to hear reports from staff members and school council members. Sometimes teachers and school council members are invited to board meetings to explain their programs to the board. This practice may help board members understand the work of the schools and at the same time show the teachers and school councils that the board is interested in their activities and programs. Such staff reporting sessions should be coordinated through the superintendent’s office.
EMPLOYMENT PROCESS A sound process for selecting outstanding employees might be the single most important function of the administration. Though a board member may not influence the hiring or appointment of district employees, the board may have the superintendent report the process used in the selection. The instructional staff is the heart of the instructional program and the community has a right to know that the process used by the school district in hiring personnel is free of politics and that the district hires the very best available people. After consulting with the school council, the principal selects personnel to fill vacancies in his/her school from a list of applicants submitted by the superintendent. By law, the superintendent must provide additional applicants upon request when qualified applicants are available. The attorney general has opined that applicants are qualified when they meet state statutory and regulatory requirements and when they meet criteria set in board policy. The opinion specifically states that the superintendent has no authority to create job criteria or qualifications but must use existing law and district policy to determine whether an individual is qualified.
QUESTIONS v Would it be legal for a board member to ask why the superintendent employed someone? Technically, no, because the employment decision has already been made and the person hired. Normally, that would be an inappropriate question as it does appear to be a post-hiring effort to insert the board member into the future hiring process. There are circumstances where it is appropriate for a board to make such an inquiry; however, these would be rare and the board should first consult with local legal counsel about the underlying need for the question before asking it. A board may always inquire about the process used to select the individuals employed. v May the board require a principal to explain the employment process he/she uses? The board should direct the superintendent to report. The board should not, under normal circumstances, direct personnel other than the superintendent. The superintendent may make the report or might have the principal report. Under some circumstances, the principal might report directly to the board. v Can a board member write a letter of reference for someone who is seeking a job in another district? Yes, as long as the job-seeker is not seeking a position in the board member’s district.
ESTABLISHMENT AND ABOLISHMENT OF POSITIONS The board of education establishes and abolishes positions, according to the attorney general (OAG 91‑122). Positions within the district are created and abolished in the budget adopted by the board. To create a position, the board places sufficient funds within the budget to provide the salary and benefits for that specific job classification. If the board abolishes a position, it removes funding for the position’s salary and benefits. The superintendent has authority to reduce staff. The grounds and procedure for reducing staff are defined primarily by statute, depending on if the positions are classified or certified. After a position is created in the budget, it may be filled. If the board has not created a position, or if the board has abolished the position within the budget, the superintendent may not fill it. In essence, the board creates the position and the superintendent then selects who will fill the position. The board should require from the administrative staff a list of all positions to be funded prior to budget approval.
QUESTIONS v Is the superintendent’s recommendation required for the board to abolish positions? No. v Can the board abolish positions held by certified employees? Yes. However, if those employees are tenured, the superintendent would have to place them in other positions. If the positions are administrative, the superintendent would have to initiate demotion proceedings if the employee is not placed in another administrative position. The abolishment of positions should be part of an overall plan. v If the board wants to fire a principal, can it abolish the position and then later re-establish it so the superintendent can employ someone else? The board would most likely end up in litigation and would most likely lose. This action clearly is for the purpose of dismissing an administrator, which is not within the board’s authority. A position should only be abolished for budget purposes or for restructuring. If the position is abolished simply to remove ineffective personnel, the abolishment is subject to challenge. v What positions are required by statute or regulation? By law, the superintendent, principal or head teacher of a school, school media librarian, finance officer and director of pupil personnel. The director of pupil personnel does not have to be a full-time position. The finance officer may hold another title, such as assistant superintendent or superintendent. Though the position is not required by law, state regulation requires the supervisor of the special education program to hold a valid certificate for director of special education or be enrolled in a program of preparation. Obviously, teaching positions are required. v Can the board reduce the extended employment of teachers and administrators? While the superintendent’s personnel responsibilities include hiring and assignments, the board – as part of its responsibilities for controlling and managing school funds – may determine the amount of extended employment and compensation for personnel employed beyond the 185-day period. Certified staff must be notified of any reduction in services and reduction in compensation as provided in KRS 161.760.The board’s action must allow enough time for statutory deadlines to be met. v Can the school council increase or reduce the number of extended employment days of an employee? No. That is something only the board can do, according to the attorney general. The board may, if it chooses, allot extended employment days to the council and ask the council for a recommendation as to the number of days employees should receive, but it is not required to do so. For the allocation to be legal, the board must act on the council recommendation.
TEACHER SALARY SCHEDULE Kentucky law requires each teacher to be notified no later than 45 days before the first student attendance day of the best estimate of the salary to be paid during the next school year (KRS 157.420). Increases, but not decreases, in salary may be made after the annual notice has been given. State law, regulation and the state’s biennial budget provide guidelines for setting teacher salaries. The superintendent and state education department will have information about those guidelines Supplements, extra duty, and extended days may be reduced if there is a reduction in a teacher's responsibilities. If a reduction in responsibilities is accompanied by a decrease in salary, written notice of the specific reasons for such reduction in responsibilities must be timely given to the teacher as provided in KRS 161.760. Teachers who work in alternative programs with students who are violent may, as determined by the school board, receive a hazardous duty pay supplement from add-on SEEK funds generated by the number of at-risk students in the district.. State law allows a classroom teacher or administrator to receive additional compensation for serving as a classroom mentor, teaching partner, or professional development leader in core discipline areas, such as reading and other state-approved subjects or activities.
DIFFERENTIATED COMPENSATION PLANSState law allows school districts to develop differentiated compensation programs that provide additional compensation above the single-salary schedule. The plans must have one or more of the following purposes: to recruit and retain teachers in critical subject areas; to help reduce the number of emergency-certified teachers employed in the district; to provide incentives to recruit and retain highly skilled teachers to serve in difficult assignments and hard-to-fill positions; to provide career advancement opportunities for classroom teachers who voluntarily wish to participate; or to reward teachers for increasing their skills, knowledge, and instructional leadership within the district.
VACANCIES – CERTIFIED State law (KRS 160.380) defines a vacancy as "any certified position opening created by resignation, dismissal, non-renewal of contract, transfer, or death of a certified staff member of a local district, or a new position created in a local school district for which certification is required.” The attorney general has stated that a vacancy, as defined by KRS 160.380(1)(b), can occur at any time during the year, not just after July 15. If the district has a collective bargaining agreement that establishes a process for job openings, then that process takes precedent over the statutory process. When a certified vacancy occurs in a school district, the superintendent must notify the commissioner of education 30 days before the position is to be filled. The commissioner is required to keep a registry of local district vacancies, which must be made available to the public. The local school district must post position openings in the local board office for public viewing. Compensated extra‑duty or extracurricular assignments are defined as additional duties assigned to a teacher or administrator that generate additional pay. Examples are yearbook sponsor, academic club sponsor, coach, and academic department head. These extra duties are not defined as separate positions in the sense that additional staff must be hired. When extra duties are merely additional assignments to current faculty, the law does not require the assignments to be posted. The board should have the superintendent report on the district process for recruiting teachers and administrators. The board should require that the administration develop for its approval a plan to recruit minorities. State law (KRS 161.165) also requires the superintendent to conduct a search for minority teachers to be considered when a vacancy occurs in the local district.
VACANCIES – CLASSIFIED Local school boards are required to maintain a registry of all vacant classified positions that is available for public inspection in a location determined by the superintendent, and to make copies available at cost to interested parties. Classified vacancies are not required to be reported to the department of education. There is no waiting period prior to filling the positions.
JOB QUALIFICATIONS By law, the board of education sets qualifications for all district employees. Qualifications may include requirements such as education, certification, experience and physical abilities necessary for the position. Qualifications set by the board may be higher than those required by the state. For example, the board may require a certain level of experience for principals. By law, when the board sets qualifications for employment, they are binding on the superintendent and all new employees must meet the requirement. On the other hand, board qualifications may not be so restrictive that the superintendent has no discretion. To put it another way, job qualifications set by the board must be reasonable, job- related, and not so narrow that only one or two people can meet them. The federal No Child Left Behind Act requires that teachers teaching in core academic subjects who are employed after the first day of the 2002-03 school year be highly qualified. The definition of highly qualified must be ascertained based on various federal guidelines and waivers. The Kentucky Education Professional Standards Board has set the standards applicable to Kentucky. The commissioner of education has established job classifications and minimum qualifications for local district classified employee positions. By law (KRS 161.011), no one can be hired or paid as a classified employee unless he or she meets the commissioner’s qualifications for the position.
JOB QUALIFICATION POLICIES Board policies setting qualifications for employment must be consistent with statutory and constitutional requirements. They may not be discriminatory and they may not be arbitrary. Obviously, any restriction that would discriminate against an individual that is in a protected class, such as race, ethnic background, gender, disability, religion, or age, would not meet statutory or constitutional requirements. Areas that would be arbitrary include, but are not limited to, political affiliation, family background, location of residence and marital status. The superintendent’s recommendations should be sought when setting employment criteria in policy. Review by local legal counsel also is advisable. Board-adopted employment qualifications must be based on an educational or district need or must assist in predicting success in the position, and must be general in application. Boards may not adopt policies that are aimed at hiring or eliminating the hiring of specific individuals. The following are examples of how criteria might be included in board policy. The list is not exclusive. · Any person employed as a middle school or secondary school teacher shall have a major in the area to be taught. If multiple areas are to be taught, the major shall be in the area where the greatest number of classes is taught. · All teachers employed shall have either a minimum undergraduate grade point average of 2.5 on a four-point scale or must have graduated in the top 50 percent of their class. · The employment evaluation criteria shall include a one-page essay written under the administration’s supervision. The essay shall be kept in the teacher’s personnel folder and be made available to those persons responsible for selection. · All newly employed teachers shall score a minimum of 20 on the teacher perceiver interview. · A minimum of five references shall be contacted prior to employment. The reference check shall include, if applicable, the previous two direct supervisors.
QUESTIONS v We have a vacancy for the head football coaching position. The board does not want any of the assistant coaches to have the head position. Would it be OK for the board to adopt a policy requiring head coaching experience as a criterion for the position? If the purpose of the policy is to prevent specific people from being employed, which this seems to do, the policy would be arbitrary. The board should not substitute its judgment of individuals for the judgment of the superintendent or principal.
JOB DESCRIPTIONS State law allows boards to develop general job descriptions for district employees. In most instances, the descriptions will be general and will address categories of employees such as janitor or teacher. In the case of unique positions, the job description may be more detailed. Normally, the superintendent or administrative staff will set specific duties for most employees. All duties set within the district would be consistent with the general job description set by the board.
JOB ACCOUNTABILITY Job accountability refers to what a person actually does to achieve specific results. Job accountability is measured by performance standards that can be observed and measured. Job accountabilities should be set by the superintendent. However, the board should require that the superintendent provide them a job accountability chart specifying the accountability of each administrator.
EMPLOYMENT CONTRACTS All certified employees with less than four years of experience, except those not being renewed, must be issued an annual contract. Upon completion of four years of service and upon assuming duties in the fifth year of employment, a certified employee must be issued a continuing contract. All classified employees, except those not being renewed, must be issued contracts. Classified employees with four or more years of service credit may be non-renewed only for cause, or when a reduction in force takes place. Classified employees with less than four years of service credit must be provided written reasons for the non-renewal if the reasons are requested by the employee Local school boards must develop and provide to all classified employees written polices that include terms and conditions of employment, identification and documentation of fringe benefits, employee rights, procedures for the reduction or laying off of employees, and discipline guidelines and procedures that satisfy due process requirements.
REDUCTION IN FORCE – CERTIFIED Reduction in force (RIF) takes place when a school district must release tenured teachers due to changes occurring in the district. Grounds for releasing tenured teachers by RIFing are limited to those stated in KRS 161.800. Those grounds are: (1) a decline in student enrollment; (2) suspension (closing) of schools; or (3) territorial changes affecting the district. The RIF statute applies to tenured positions but not limited contract positions, according to the attorney general’s office. Although RIFing has an impact on the budget, a decrease in district funding would not be a basis for applying RIF to tenured teachers. Therefore, a board cannot by budget create a RIF of tenured teachers. On the other hand, if the superintendent foresees a need for RIF under one of the permissible grounds, the superintendent must notify the board and the board will then abolish the number of necessary positions. The choice of which individuals are affected is made by the superintendent. Statutes do not provide a role for principals or SBDM councils in the RIF process.
REDUCTION IN FORCE – CLASSIFIED The superintendent has full authority to make a reduction in force of classified employees due to reductions in funding or enrollment, changes in the district or school boundaries, or other compelling reasons as determined by the superintendent. When a RIF is necessary, the superintendent, must, within each job classification affected, reduce classified employees on the basis of seniority and qualifications. Those employees who have less than four years of continuous active service must be reduced first. For classified employees with four or more years of continuous service, reduction must be made based on seniority. Employees with four or more years of service have the right of recall to positions that become available for which they are qualified. Recall must be by seniority.
EMERGENCY CERTIFICATION EMPLOYMENT When it is impossible to secure qualified teachers for a position, the state Education Professional Standards Board may issue emergency certificates to persons who meet its qualifications for emergency certificates. The local board must certify that a qualified teacher cannot be found for the position. The burden is on a board to show that it cannot secure a qualified teacher for a specific position before an emergency certificate may be issued, according to the attorney general. EMPLOYEE LEAVES Kentucky statutes provide for various paid and unpaid employee leaves such as sick leave (KRS 158.155), personal leave (KRS 161.154), emergency leave (KRS 161.152), military leave (KRS 161.168, 61.394 and 61.396) and jury leave (KRS 161.153). Some of the statutes allow a board of education discretion through policy to determine if, when or under what circumstances, leave may be granted. Outside of those exceptions however, the district must observe the statutory requirements and guidelines for leave. For example, each employee by statute receives ten (10) sick days each year and unused days may accumulate without limitation. The district may not provide for less. Other leaves provided for in statute include certain educational or professional leaves and unpaid leaves where physical illness, disability or similar reason is the basis for the leave (KRS 161.770). The above leaves are primarily voluntary leave, usually based on the request of the employee. In limited circumstances, a board may grant this leave without request when the basis is mental or physical disability; however, a leave granted in that instance provides the employee a hearing right under KRS 161.790. Before considering such a step, a board and administrator should consult with local counsel. In 2006 the Kentucky General Assembly also passed legislation to provide leave for an employee who qualifies for workers’ compensation due to an assault while performing job duties (KRS 161.155). Assault leave like other leaves is subject to the terms and conditions found within the statute. There are federal statutes and regulations that may also impact employee leaves such as the Family Medical Leave Act (FMLA) that the administration will need to observe when dealing with employee absences. If a question arises as to application of any of these provisions, discussion with local legal counsel is recommended.
JOB ASSIGNMENTS
By law, the superintendent makes all assignments and transfers. The superintendent is to assign individuals to board-created positions with a vacancy (KRS 160.390). Job assignments also include assigning staff to specific duties such as bus duty. Some boards have adopted policies that require district employees to fulfill job assignments given by the superintendent or administrative staff. Those policies become part of the job description. Transfer or changes in appointment of teachers later than 30 days before the first student attendance day of the school year may be made only to fill vacancies created by illness, death, or resignations; to reduce or increase personnel because of a shift in school population; to make personnel adjustments after consolidation or merger; or to assign personnel according to their certification if the teacher was outside his or her field of certification in the previous year. By law, teachers refusing assignment must notify the superintendent in writing no later than thirty (30) days before the first student attendance day. It is implied that teachers must be notified of their assignment, otherwise they could not refuse it.
EMPLOYEE DISMISSAL, SUSPENSION, DISCIPLINE By law, the superintendent institutes dismissals of certified employees. Hearings are held before a state-appointed tribunal consisting of one teacher, who may be retired; one administrator, who may be retired; and one lay person. None may reside in the district. Statutes do not provide a role for boards (other than they be notified), principals or school councils in the dismissal process. Boards may require that the superintendent keep them informed of dismissal actions. As an alternative to termination, the superintendent may suspend a certified employee without pay. The teacher has the right to appeal the superintendent's decision if suspended without pay or publicly reprimanded. The board has no role other than to require notification by the superintendent. There is no role for the principal or the school council. The attorney general has opined that a school council can make a curriculum policy decision that has the ultimate effect of transferring or dismissing an employee. This opinion is based on the school council’s authority to determine the number of personnel in each job classification. For example, if the school council determines that it wants only one physical education teacher and the school has two, then the superintendent must either dismiss or transfer one of the physical education teachers. The superintendent decides which one to transfer or dismiss. The attorney general has opined that a school council can make a curriculum policy decision that has the ultimate effect of transferring or dismissing an employee. This opinion is based on the school council's authority to determine the number of personnel in each job classification. For example, if the school council determines that it wants only one physical education teacher and the school has two, then the superintendent must either dismiss or transfer one of the physical education teachers. The superintendent decides which one to transfer or dismiss. The opinion (OAG 96 38) did not answer what the superintendent would do if there were no vacancy in another school and both teachers were tenured. We believe that in this situation the rights of the tenured teachers would prevail and a teacher would not be dismissed or transferred. The board is required to adopt a policy of discipline guidelines and procedures that satisfy due process requirements for classified employees.
QUESTIONS v Can the superintendent transfer a principal into a vacancy at a SBDM school if the council is not willing to accept the person? No. The council’s approval is required in a SBDM school, according to the attorney general. Where a council cannot find an acceptable candidate for the principal’s position, the superintendent may appoint an interim principal to perform necessary day-to-day functions. The superintendent normally consults with the council before placing an interim principal. v Can the superintendent transfer a teacher into a SBDM school if the principal is not willing to accept the teacher? State law gives the principal, after consulting with the school council, the authority to select personnel to fill vacancies. The superintendent cannot transfer a teacher into a building without the principal’s approval. An exception would be if a teacher had tenure and there was no other placement in the district for which the teacher was certified.
INEFFECTIVE PERSONNEL ‑ THE BOARD'S ROLE As discussed earlier, a board member may be removed from office for influencing, or attempting to influence, the hiring of personnel. Additionally, the dismissal of personnel is the superintendent’s prerogative. However, the board is charged with the control and management of the schools, and it sets the qualifications and duties of employees. (KRS 160.290) The local board also is responsible by law for developing written policies that satisfy due process requirements for classified employees, as well as the terms and conditions of employment. If an employee is not performing the duties established by the board, the board has the right and the obligation to discuss its concerns with the superintendent. Where permitted under the Open Meetings Act, discussions of specific personnel should be in closed session and board members should not be accusatory. The board should relay the information to the superintendent and direct him/her to investigate the concern and report his/her findings to the board. The board may not and should not direct the superintendent to take specific personnel action. If there are lingering issues of personnel performance affecting the delivery of educational services, then such issues may become part of the superintendent’s evaluation process.
NON-RENEWAL OF LIMITED CONTRACTS The non-renewal of limited contracts of non-tenured teachers is the superintendent’s responsibility. No board action is required and by law there is no direct role for principals or school councils in the non-renewal process. However, the council's decision on how many people are to be employed in each job classification may result in a non-renewal although the council has no authority to recommend the dismissal of any particular school employee. Unless the non-renewal is based on poor performance, the determination of how many limited contracts will not be renewed has budget implications. That is because if non-renewal is based on a decline in student enrollment, the position will not be restaffed and will likely be abolished, while if the non-renewal is based on poor performance, the position will be restaffed. If non-renewal is based on a decline in student attendance or in funding, the decision of how many positions to fund will be a board decision and part of the budget preplanning process. The board determines that funding for personnel will be reduced and the superintendent must decide how that will occur, i.e., which contracts will not be renewed. A good preplanning process should diminish the use of limited contract non-renewals as a budgeting tool. Those decisions will be made earlier, to the benefit of the district and those limited-contract employees who annually face the uncertainty of future employment. If a superintendent does not renew a teacher on a limited contract, and then re-employs that teacher prior to the beginning of school, the teacher may be eligible to receive unemployment compensation during the summer. The cost of that compensation comes from the district's unemployment trust account. Therefore, the superintendent should not routinely non‑renew teachers’ limited contracts "just to make sure." Planning can prevent this from being necessary.
DEMOTION OF ADMINISTRATORS The state law pertaining to demotion (KRS 161.765) applies to certified administrators. These include principals, assistant principals, supervisors, coordinators, directors, assistant directors, administrative assistants, finance officers, pupil personnel workers, guidance counselors, school psychologists and business administrators. An administrator who has completed three or more years’ experience as an administrator has the right to request a hearing before the local board prior to demotion. The superintendent has the discretion to bring demotion actions.
A written notification stating the specific reason for the reduction of responsibility and corresponding reduction in salary must be furnished the administrator no later than 90 days before the first student attendance day of the school year (KRS 161.760). This impacts demotion hearings in that if the notice is not provided by that date, the demoted administrator is entitled to his/her salary as an administrator for the ensuing year. Administrators may appeal final board action to the appropriate Circuit Court. Beyond a hearing before the board, the board has no other direct role in the demotion process. Statutes provide no role for principals or school councils in demotions.
QUESTIONS v If the board abolishes the position of instructional supervisor, does the superintendent have to bring demotion proceedings against people in those positions? The superintendent may not staff positions not approved by the board and therefore would have to demote anyone in the abolished positions, or transfer them to other positions.
CONTRACT TERMINATION, WITHDRAWAL OF RESIGNATION Teachers and superintendents are not permitted to terminate their contracts within 30 days prior to the beginning of the school term or during the school term (KRS 161.780). In such circumstances, teachers must first obtain the superintendent’s consent, and superintendents must first obtain the employing board’s consent. A teacher who resigns during the school term cannot withdraw his/her resignation after it has been accepted by the superintendent, unless the board approves the withdrawal. Resignations during the school term are tendered in writing to the superintendent and once tendered are binding unless the board approves the withdrawal of the resignation.
EVALUATION OF CERTIFIED PERSONNEL All certified school employees, including the superintendent, must be evaluated by a system developed by the local school district and approved by the state department of education. The district must have a written policy for evaluating all certified employees consistent with KRS 156.101, and must comply with it. The board must review the evaluation plan to ensure compliance with that statute and with 704 KAR 3:345. The state department of education must approve any revisions to the evaluation plan. Any certified employee being evaluated has the right to a hearing before an evaluation appeals panel established by the board. The panel consists of two members elected by the district’s certified employees and one member appointed by the board who is a certified employee of the district. The evaluation appeals panel reviews the evaluation and determines if the employee was fairly evaluated. Here are some questions the board should ask about evaluating certified personnel:
THE ROLE OF SCHOOL COUNCILS As stated toward the beginning of this chapter, when vacancies occur in a school that has adopted SBDM, the superintendent must provide the principal with a list of candidates for that vacancy. The principal may request additional names. The principal, after consulting with the school council, must notify the superintendent of his/her choice for the position. The council must adopt procedures outlining its role in this process, including situations in which council members are not available for consultation. The recommendation of the principal is binding on the superintendent if the candidate meets certification standards and the criminal records check reveals no problems. If the vacancy is for the position of principal, the school council selects the new principal. The council does the interviewing of the candidates on the list. If the council is not satisfied with the original list from the superintendent, it may request additional names from the superintendent, which may require an additional search for applicants. The candidate chosen by the council is then employed by the superintendent. The superintendent is bound by the council's choice. School councils do not have the authority to create or abolish positions, or to set compensation for positions. Attorney general’s opinions can be interpreted to say that if, for example, 20 teacher positions are allocated by the board to a school, then the council may determine the number of positions in each classification. Councils do not have to fill the positions allocated. They may choose to leave an allocated position vacant and use the funds allocated for the position in other ways.
PERSONNEL QUESTIONS FOR BOARD REVIEW · Are job descriptions available to prospective employees? · Are applications encouraged from outside the region for all vacancies? · Are vacancies announced and publicized widely? · Is there a process for projecting future vacancies, particularly in critical shortage areas? · Does the district have a process for recruiting qualified candidates through all available means, including alternative certification? · Are qualifications the standard for hiring in instructional positions? · Are research-based interviewing strategies used in the hiring of the best candidates for positions? · Are salary schedules reasonable and in line with the district’s financial ability? · Are contracts on file for all employees? · Is there a need and justification for all positions? · Are there teachers teaching out‑of‑field? If there are, examine the reasons. · Is anyone teaching without certification? · Do the actual activities of employees, especially administrators, fit their job descriptions? · Are extended service days being used properly?
Some controlling statutes and regulations for this chapter: KRS 156.101; KRS 157.390; KRS 157.420; KRS 159.080; KRS 160. 170; KRS 160.180; KRS 160.290; KRS 160.345; KRS 160.350; KRS 160.380; KRS 161.011; KRS 161.760; KRS 161.770; KRS 161.790; KRS 161.800; 704 KAR 3:345 # # # |
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