KSBA eNews Service, Frankfort, June 12, 2015
Pending regulation rewrite, districts can no longer find out if teacher candidate has a complaint under review by EPSB
By Brad Hughes
Lexington – Kentucky superintendents are displeased with a decision by the board of directors of the Kentucky Education Professional Standards Board (EPSB) that removes what administrators feel is a key piece of information about candidates to be hired for classroom teaching jobs.
Earlier this week, the EPSB board voted without advance notice that it was suspending the practice of placing a “flag” on files of certified educators who have a pending complaint. The decision, which has been under discussion for more than two years, drew immediate criticism Friday morning at the closing session of the Kentucky Association of School Superintendents summer conference in Lexington.
In an update to the KASS attendees, Acting EPSB Executive Director Jimmy Adams said the board acted on the advice of its legal counsel and the move is tied to a pending lawsuit relating to the issue.
“As I understand it, the reasoning is that there are people who feel teachers don’t get an opportunity to apply for or be considered for positions because of those flags,” Adams said. He added that other issues were raised about staff making a decision whether to start an investigation or dismiss a complaint instead of each complaint going to the full board.
Adams said the suspension is for the time it takes for the EPSB board to rewrite its applicable regulation, adding that it does not impact EPSB sharing information in cases of an educator’s certificate revocation and/or suspension. He said it applies only to unresolved complaints, which he said run a wide gamut, from teachers being late for work too many days to cases of alleged sexual relationships with students.
The EPSB board’s action was immediately challenged by several superintendents and KASS Executive Director Tom Shelton.
“Superintendents would say if there is anyone flagged for any of these reasons, we should know because we don’t want to hire that person,” Shelton said.
Webster County Schools Superintendent Rachel Yarbrough, the KASS president-elect, said she was very concerned that the EPSB board’s action will carry a “cost that is too great for all of us.
“It’s a decision that will impact students. EPSB should be the gatekeeper for high-quality professionalism. And when it doesn’t, it missed the mark and that’s my greatest concern,” she said. “I would just submit there is not a person in the room who likes to report anyone, but by golly we will stand in the gap on behalf of high-quality teaching and learning. It’s a big deal. It’s not good. The cost, I’m afraid, is great.”
KASS President and Floyd County Schools Superintendent Henry Webb added, “We don’t think that decision was made for the kids of Kentucky.”
Shelton said he is advising superintendents to change their job applications to ask every candidate if he or she had a case before the EPSB. Anyone who failed to answer the question honestly could face disciplinary action if that inaccurate information was discovered.
Adams agreed with that suggestion.
“As a former HR director, I would suggest that you ask ‘Have you ever had or do you currently have an issue pending before the EPSB?” he advised.
Districts may still submit an Open Records request to see if there is a pending case before the EPSB involving a job candidate, but Adams said the agency would only be able to confirm or deny that such a complaint case existed. He added that he is expecting a flood of such requests from districts going forward.
Shelton predicted that Kentucky superintendents will become more vocal about the subject, including speaking directly to the EPSB board at its upcoming summer and fall meetings. The next scheduled meeting is Aug. 10, although Adams said it is possible that an earlier meeting may be set during which the issue would be discussed.