KRS 161.765: Procedures for demotion of administrative personnel -- Appeal.

(1) A superintendent may demote an administrator by complying with the requirements

of KRS 161.760 when the administrator:

(a) Has not completed three (3) years of administrative service, not including

leave granted under KRS 161.770; or

(b) Is in a district -level administrative position in a county school district in a

county with a consolidated local government adopted under KRS Chapter

67C.

(2) Except for an administrator described in subsection (1)(b) of this section, an

administrator who has completed thre e (3) years of administrative service, not

including leave granted under KRS 161.770, cannot be demoted unless the

following procedures have been complied with:

(a) The superintendent shall give written notice of the demotion to the board of

education and to the administrator. If the administrator wishes to contest the

demotion, he or she shall, within ten (10) days of receipt of the notice, file a

written statement of his or her intent to contest with the superintendent. If the

administrator does not make timely filing of his or her statement of intent to

contest, the action shall be final.

(b) Upon receipt of the notice of intent to contest the demotion, a written

statement of grounds for demotion, signed by the superintendent, shall be

served on the administrator. The statement shall contain:

1. A specific and complete statement of grounds upon which the proposed

demotion is based, including, where appropriate, dates, times, names,

places, and circumstances;

2. The date, time, and place for a hearing, the date to be not less than

twenty (20) nor more than thirty (30) days from the date of service of the

statement of grounds for demotion upon the administrator.

(c) Upon receipt of the statement of grounds for demotion the administrator shall,

within ten (10) days, file a written answer. Failure to file such answer, within

the stated period, will relieve the board of any further obligation to hold a

hearing and the action shall be final. The board shall issue subpoenas as are

requested.

(d) The hearing on the demotion shall be public or private, at the discretion of the

administrator and shall be limited to the matters set forth in the written

statement of grounds for demotion. The board shall provide to the

administrator a verbatim transcript of the hearing. T he board of education

shall hear the case, with the board chairman presiding. The board, upon

hearing the evidence and argument presented, shall retire to private chambers

to arrive at a decision. Counsel or representatives for either party in the

hearing shall not be consulted by the board unless the corresponding counsel

or representatives for the other party are present and unless a verbatim

transcript of such consultation is made for the record.

(e) Within five (5) days from the close of the hearing, the board of education shall

advise the parties of its decision and shall take official action in the case.

(f) Appeal from final board action may be taken in the same manner and under

the same provisions as an appeal from tribunal action under KRS 161.790.