KRS 156.844: Local board's petition to commissioner of education seeking power

to manage and control state-operated secondary vocational education

and technology center -- Issues related to transfer of employees.

(1) (a) A local board of education may submit a request to the commissioner of

education to assume authority for the management and control of a

state-operated secondary vocational education and technology center.

Upon agreement between the commissioner of education and the local

board of education for the transfer of a state-operated secondary

vocational education and technology center, all personnel, equipment,

and supplies shall be transferred to the local board of education and shall

be utilized for the operation of the locally operated vocational center.

(b) Beginning March 18, 2021, if a state-operated secondary vocational

education and technology center serves more than one (1) school district,

any agreement under paragraph (a) of this subsection shall require the

local board to continue to serve the additional school district or districts

through a memorandum of understanding. The executed memorandum of

understanding shall be submitted to the commissioner of education at the

same time as the request to assume authority for management and

control of the state-operated secondary vocational education and

technology center.

(2) A certified employee who is affected by a transfer to the local board of

education under subsection (1) of this section shall be granted a one (1) year

limited contract by the local board of education, except as provided in

subsection (5) of this section, and shall be employed on the local district salary

schedule. A classified employee shall be guaranteed employment equal to his

or her present status for at least one (1) complete school term, except as

provided in subsection (5) of this section. A transferred employee shall be

provided the benefits of comparable employees in the district and shall be

subject to all rules and policies of the local board of education, including but not

limited to disciplinary and personnel actions that are the same as those that

may be exercised by the district for any other employee in the district during a

contract period.

(3) A transferred employee who has accrued annual leave and compensatory time

shall be paid a lump sum for the accrued time at the effective date of the

transfer by the Department of Education. The employee shall be granted credit

for accrued sick leave up to the maximum allowed for transfers of teachers

between school districts. Sick leave credit shall be awarded to a classified

employee based on the local board policy. Any excess sick leave that a

classified or certified employee has earned that the district will not accept in the

transfer may be requested to be held in escrow by the appropriate state

personnel system under KRS Chapter 18A or KRS 156.800 to 156.860, and

the sick leave balance shall be restored to the employee if the employee

returns to a state government position.

(4) An employee who is to be transferred to a local board of education under

provisions of this section but who chooses not to accept a one (1) year limited

contract with the board shall be separated from the state system and the

employee's position shall be abolished. The employee may apply for any state

position for which the employee is qualified but shall not be granted priority

over other applicants for a position because the employee's position was

abolished due to a transfer of the vocational education and technology center.

An employee who refuses a contract with the local board shall be provided a

lump-sum payment for accrued annual leave and compensatory time, and the

employee's sick leave balance shall be placed in escrow by the appropriate

state personnel system under KRS Chapter 18A or KRS 156.800 to 156.860.

The sick leave balance shall be restored to the employee if the employee

returns to a state government position.

(5) A certified employee who has earned continuing status in the state certified

personnel system under KRS 156.800 to 156.860 shall be granted a continuing

service contract as defined in KRS 161.720 upon transfer to a local board of

education under subsection (1) of this section. A principal who has earned

continuing status prior to transfer shall be granted a continuing service

contract, but the provisions relating to demotion of the principal under KRS

161.765 shall apply. A classified employee who has four (4) years of

continuous active service in the state certified personnel system under KRS

156.800 to 156.860 at the time of transfer shall be offered an employment

contract at the time of transfer that shall be considered a continuing service

contract as defined in KRS 161.720 for a minimum of five (5) complete school

terms.

(6) An employee of the Office of Career and Technical Education who is

transferred to the local school district and who occupies a position covered by

the Kentucky Teachers' Retirement System shall remain in the Kentucky

Teachers' Retirement System.

(7) After the effective date of the transfer, the local board of education shall

receive funding for the support of the local board of education center

operations pursuant to KRS 157.069. In addition, the local board of education

shall receive one hundred percent (100%) of the Support Education Excellence

in Kentucky program funds from the Department of Education that are

generated from students enrolled in the center.