Frequently Asked Questions: Teacher Tenure

When does a teacher obtain 'tenure'?

KRS 161.740 provides two methods by which a teacher obtains tenure. First, a teacher who is reemployed by the superintendent after teaching four (4) consecutive years in the same district receives continuing service status when the teacher begins work in the fifth year. Second, when a currently employed teacher has taught four years in the same district within a period not to exceed the preceding six years (i.e., not necessarily consecutively) and is reemployed and begins work in the fifth year, that teacher receives continuing contract status.

What is a "continuing service contract"?

This is an employment contract with a teacher that remains in full force and effect until the teacher resigns or retires or until it is terminated or suspended in accordance with specific state law provisions. This contractual arrangement is otherwise known as holding "tenure."

What is RIF?

"RIF" means a reduction in force where the number of tenured teachers employed in a district is reduced. Teachers with continuing service contracts have a right of restoration in continuing service status in order of seniority of service in the district if teaching positions for which they are qualified become available. See KRS 161.800. If there is an excess of limited contract teachers, they are non-renewed under KRS 161.750.

What are the reasons for a RIF?

RIF may occur because of decreased enrollment, suspension of schools, or territorial changes affecting the district.

How are teachers with a continuing contract discharged?

The grounds for termination of a continuing service contract are set forth in KRS 161.790. These grounds include insubordination, immoral character or conduct unbecoming a teacher, physical or mental disability, or inefficiency, incompetency or neglect of duty. KRS 161.790 requires the superintendent to provide written notice to the teacher specifying the charge(s) against him or her. The teacher may, within ten days of receipt of the charge, request the opportunity to answer the charge in front of a tribunal.

Who conducts a termination hearing?

Under KRS 161.790, a three-member tribunal appointed by the state Commissioner of Education hears testimony and argument from each side. The tribunal consists of one teacher, one administrator, and one lay person, none of who reside in the district. The Commissioner names the chairperson of the tribunal.

What is a limited contract?

Limited contracts are contracts with a term of one year. These contracts may, but are not required to, be renewed by the superintendent. There is no expectation of reemployment beyond one year; however, if a limited contract is not to be renewed, the superintendent must give written notice of nonrenewal to the teacher no later than April 30 of the school year in which the contract is in effect. KRS 161.750.

What is 'portable tenure?'

Under KRS 161.740, when a teacher has obtained tenure in one Kentucky district and then becomes employed in a second Kentucky district, the teacher retains his or her tenured status if the teacher begins work in the second district within seven months of leaving the first district. The new district, however, may require a one year probationary period of service in that district before granting tenured status. See OAG 81-68.

How long must a limited contract teacher work to obtain credit for one year of work?

KRS 161.720 defines a "year" as applied to terms of service to be actual service of not less than seven months within a school year. A teacher must teach at least 140 six-hour days in a 185-day school term to be given credit for a year under the tenure law. OAG 82-614.

Can tenure be transferred from another state to Kentucky?

No. There is no provision in Kentucky law by which a teacher earns credit toward tenure from teaching in another state. A teacher may earn experience credit, for salary purposes, from teaching work in another state. See KRS 157.320(10).

No. Teacher's tenure is regulated by statute and cannot be altered by a district. See, e.g., OAG 73-421; OAG 76-282.

© 2004 Kentucky School Boards Association.

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