156.132 Removal or suspension of public school officers -- Procedure, grounds, conditions. - Kentucky Statutes

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156.132 Removal or suspension of public school officers -- Procedure, grounds, conditions. As used in this section, except subsection (1), "public school officer" means a person who
previously served as a superintendent of schools or board member during which time
charges were brought against him under this section.
(1) The chief state school officer shall recommend, by written charges to the proper school authorities having immediate jurisdiction, the removal of any superintendent
of schools, principal, teacher, member of a school council, or other public school
officer as to whom he has reason to believe is guilty of immorality, misconduct in
office, incompetency, willful neglect of duty, or nonfeasance. In the case of a
member of a school council, the written charges shall be provided to the local board
of education. (2) The chief state school officer shall recommend by written charges the suspension by the Kentucky Board of Education of any district board member, superintendent of
schools, or other public school officer whom he has reason to believe is guilty of
immorality, misconduct in office, incompetency, willful neglect of duty, or
nonfeasance. If the charges brought under this subsection represent an immediate
threat to the public health, safety, or welfare, the Kentucky Board of Education shall
summarily suspend the person against whom the charges are made. The action by
the Kentucky Board of Education may be taken upon a recommendation of the chief
state school officer, or the action may be taken by a majority vote of the Kentucky
Board of Education without recommendation from the chief state school officer. (3) The Kentucky Board of Education may suspend a district superintendent of schools or other public school officer under subsection (2) of this section or remove him
pursuant to subsection (5) of this section only if, after thirty (30) days of receipt of
the written charges specified in subsection (1) of this section, the proper school
authorities having immediate jurisdiction, either the superintendent or the district
board of education, have refused to act, have acted in bad faith, arbitrarily, or
capriciously, or if a recommendation to the district board would have been futile. (4) Any officer suspended by the Kentucky Board of Education under subsection (2) of this section shall be furnished with an emergency order specifying in detail the
reasons for suspension and notifying the officer of his right to appeal the action and
have an emergency hearing pursuant to KRS 13B.125. (5) As an alternative to first seeking suspension, the chief state school officer may recommend by written charges the removal by the Kentucky Board of Education of
any district board member, superintendent of schools, or other public school officer
whom he has reason to believe is guilty of immorality, misconduct in office,
incompetency, willful neglect of duty, or nonfeasance. The officer against whom the
written charges are issued by the chief state school officer shall be furnished with
the written charges and notice of procedural rights conferred under KRS Chapter
13B. Within twenty (20) days after receipt of the charges, the officer may notify the
Kentucky Board of Education of his intention to appear and answer the charges.
Upon appeal, an administrative hearing shall be conducted in accordance with KRS
Chapter 13B. If the officer fails to notify the board of his intention to appear and answer the charges, the Kentucky Board of Education may remove the officer by a
majority vote, and the dismissal shall be final. (6) The hearing shall be public or private at the discretion of the accused former or current superintendent and shall be public when testimony is taken for board
members. (7) The Kentucky Board of Education may meet in closed session to consider the evidence and may by a majority vote remove the officer. If the board votes to
remove the officer, the board shall prepare final order specifying which charge or
charges it found to be the basis for removal. If within ninety (90) days from the date
of suspension if applicable, the state board has not removed the officer, or has
dismissed the charges, the suspended officer shall be reinstated and shall be paid his
full salary for the period of suspension. (8) The officer shall have a right to appeal on the record to the Circuit Court located in the county of the school district in accordance with KRS Chapter 13B. If the
decision of the court is against removal, the officer shall be paid his full salary from
the date of suspension. The payment shall be made from funds appropriated to the
State Department of Education. (9) If a superintendent of schools is removed from office or resigns while charges are pending pursuant to this section after July 15, 1994, any continuing contract
pursuant to KRS 161.720 to 161.810 shall be terminated. If the removal is reversed
upon appeal, the continuing contract shall be restored and he shall be paid his full
salary for the period of suspension. Effective: April 14, 1998
History: Amended 1998 Ky. Acts ch. 598, sec. 15, effective April 14, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 46, effective July 15, 1996; and ch. 362,
sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 103, sec. 1, effective
July 15, 1994; and ch. 472, sec. 1, effective July 15, 1994.