KRS 161.011: Definitions of "classified employee" and "seniority" -- Job classifications

and minimum qualifications -- Requirement of written contracts and written

personnel policies -- Reduction in force -- Registry of vacant classified

employee positions an d training -- Review of local board policies by

Department of Education.

(1) (a) "Classified employee" means an employee of a local district who is not

required to have certification for his or her position as provided in KRS

161.020.

(b) "Seniority" means total continuous months of service in the local school

district, including all approved paid and unpaid leave.

(2) The commissioner of education shall establish by January 1992, job classifications

and minimum qualifications for local district classified employment positions

which shall be effective July 1, 1992. After June 30, 1992, no person shall be

eligible to be a classified employee or receive salary for services rendered in that

position unless he or she holds the qualifications for the position as established by

the commissioner of education.

(3) No person who is initially hired after July 13, 1990, shall be eligible to hold the

position of a classified employee or receive salary for services rendered in such

position, unless he or she holds at leas t a high school diploma or high school

certificate of completion or High School Equivalency Diploma, or is provided an

opportunity by the school district upon employment to obtain a High School

Equivalency Diploma at no cost to the employee. Licenses or cr edentials issued by

a government entity that require specialized skill or training may also substitute for

this requirement.

(4) Local school districts shall encourage classified employees who were initially hired

before July 13, 1990, and who do not have a high school diploma or a High School

Equivalency Diploma to enroll in a program to obtain a High School Equivalency

Diploma.

(5) Local districts shall enter into written contracts with classified employees.

Contracts with classified employees shall be re newed annually except contracts

with the following employees:

(a) An employee who has not completed four (4) years of continuous active

service, upon written notice which is provided or mailed to the employee by

the superintendent, no later than May 15, that the contract will not be renewed

for the subsequent school year. Upon written request by the employee, within

ten (10) days of the receipt of the notice of nonrenewal, the superintendent

shall provide, in a timely manner, written reasons for the nonrenewal.

(b) An employee who has completed four (4) years of continuous active service,

upon written notice which is provided or mailed to the employee by the

superintendent, no later than May 15, that the contract is not being renewed

due to one (1) or more o f the reasons described in subsection (7) of this

section. Upon written request within ten (10) days of the receipt of the notice

of nonrenewal, the employee shall be provided with a specific and complete

written statement of the grounds upon which the non renewal is based. The

employee shall have ten (10) days to respond in writing to the grounds for

nonrenewal.

(6) Local districts shall provide in contracts with classified employees of family

resource and youth services centers the same rate of salary adjustment as provided

for other local board of education employees in the same classification.

(7) Nothing in this s ection shall prevent a superintendent from terminating a classified

employee for incompetency, neglect of duty, insubordination, inefficiency,

misconduct, immorality, or other reasonable grounds which are specifically

contained in board policy.

(8) The sup erintendent shall have full authority to make a reduction in force due to

reductions in funding, enrollment, or changes in the district or school boundaries, or

other compelling reasons as determined by the superintendent.

(a) When a reduction of force is necessary, the superintendent shall, within each

job classification affected, reduce classified employees on the basis of

seniority and qualifications with those employees who have less than four (4)

years of continuous active service being reduced first.

(b) If it becomes necessary to reduce employees who have more than four (4)

years of continuous active service, the superintendent shall make reductions

based upon seniority and qualifications within each job classification affected.

(c) Employees with mor e than four (4) years of continuous active service shall

have the right of recall positions if positions become available for which they

are qualified. Recall shall be done according to seniority with restoration of

primary benefits, including all accumula ted sick leave and appropriate rank

and step on the current salary schedule based on the total number of years of

service in the district.

(9) Local school boards shall develop and provide to all classified employees written

policies which shall include but not be limited to:

(a) Terms and conditions of employment;

(b) Identification and documentation of fringe benefits, employee rights, and

procedures for the reduction or laying off of employees; and

(c) Discipline guidelines and procedures that satisfy due process requirements.

(10) Local school boards shall maintain a registry of all vacant classified employee

positions that is available for public inspection in a location determined by the

superintendent and make copies available at cost to interested pa rties. If financially

feasible, local school boards may provide training opportunities for classified

employees focusing on topics to include but not be limited to suicide prevention,

abuse recognition, and cardiopulmonary resuscitation (CPR). If suicide p revention

training is offered it may be accomplished through self -study review of suicide

prevention materials.

(11) The evaluation of the local board policies required for classified personnel as set

out in this section shall be subject to review by the D epartment of Education while

it is conducting district management audits pursuant to KRS 158.785.