KRS 156.846: Local board's power to relinquish management and control of vocational

education center -- Issues related to transfer of employees.

(1) Notwithstanding KRS 156.808, 156.812, 156.814, 156.816, 156.820, and 156.826,

upon approval of the Kentucky Board of Education, a local board of education that

has operated an area vocational education and technical center for at least five (5)

years may relinquish authority for the management and control of the area

vocational education and technical center to the Kentucky Department of Education.

The local board of education shall transfer all personnel, equipment, and supplies to

the Office of Career and Technical Education within the Kentucky Department of

Education.

(2) A certified employee who is affected by a t ransfer to the Office of Career and

Technical Education under subsection (1) of this section shall be granted the same

status by the Office of Career and Technical Education as he or she had at the close

of employment with the local board of education and shall be employed on the state

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

or her status in the local school district for at least one (1) complete school term. A

transferred employee shall be provided the benefits of comparable employees in the

Office of Career and Technical Education and shall be subject to all rules and

policies of the Office of Career and Technical Education, including but not limited

to disciplinary and personnel actions that are the same as those that may be

exercised by the office for any other employee in the Commonwealth during a

contract period.

(3) The employee shall be granted credit for accrued sick leave by the Office of Career

and Technical Education up to the maximum allowed for transfer s of teachers

between school districts. The Office of Career and Technical Education shall award

sick leave credit to a classified employee based on the sick leave accumulated in the

local district. Any excess sick leave that a classified or certified empl oyee earned

that had been held in escrow by the appropriate state personnel system under KRS

Chapter 18A or KRS 156.800 to 156.860 when the transfer was made to the local

board of education shall be restored to the employee.

(4) An employee who is to be tr ansferred to the Office of Career and Technical

Education under provisions of this section but who chooses not to accept a contract

with the Commonwealth 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 area vocational education and technical cente r. An employee who

refuses a contract with the Office of Career and Technical Education shall have the

employee's sick leave balance placed in escrow by the state personnel system under

KRS Chapter 18A or KRS 156.800 to 156.860. The sick leave balance shal l be

restored to the employee if the employee returns to a state government position.

(5) A certified employee, other than a principal, who has earned continuing status in the

local school district under KRS 161.740(1), shall be granted continuing status under

the provisions of KRS 156.820. A principal may be granted continuing status as a

teacher, but the provisions relating to demotion of the principal under KRS 156.820

shall apply.

(6) An employee of a local board of education who is transferred to the O ffice of the

Career and Technical Education and who occupies a position covered by the

Kentucky Teachers' Retirement System shall remain in the Kentucky Teachers'

Retirement System.

(7) General fund moneys previously appropriated to a local board of educat ion for

support of the area vocational education and technical center shall be appropriated

to the Department of Education.