{"data":{"id":"us-ky/krs-161.765","jurisdiction":"us-ky","citation":"KRS 161.765","heading":"Procedures for demotion of administrative personnel -- Appeal.","body":"(1) A superintendent may demote an administrator by complying with the requirements\nof KRS 161.760 when the administrator:\n(a) Has not completed three (3) years of administrative service, not including\nleave granted under KRS 161.770; or\n(b) Is in a district -level administrative position in a county school district in a\ncounty with a consolidated local government adopted under KRS Chapter\n67C.\n(2) Except for an administrator described in subsection (1)(b) of this section, an\nadministrator who has completed thre e (3) years of administrative service, not\nincluding leave granted under KRS 161.770, cannot be demoted unless the\nfollowing procedures have been complied with:\n(a) The superintendent shall give written notice of the demotion to the board of\neducation and to the administrator. If the administrator wishes to contest the\ndemotion, he or she shall, within ten (10) days of receipt of the notice, file a\nwritten statement of his or her intent to contest with the superintendent. If the\nadministrator does not make timely filing of his or her statement of intent to\ncontest, the action shall be final.\n(b) Upon receipt of the notice of intent to contest the demotion, a written\nstatement of grounds for demotion, signed by the superintendent, shall be\nserved on the administrator. The statement shall contain:\n1. A specific and complete statement of grounds upon which the proposed\ndemotion is based, including, where appropriate, dates, times, names,\nplaces, and circumstances;\n2. The date, time, and place for a hearing, the date to be not less than\ntwenty (20) nor more than thirty (30) days from the date of service of the\nstatement of grounds for demotion upon the administrator.\n(c) Upon receipt of the statement of grounds for demotion the administrator shall,\nwithin ten (10) days, file a written answer. Failure to file such answer, within\nthe stated period, will relieve the board of any further obligation to hold a\nhearing and the action shall be final. The board shall issue subpoenas as are\nrequested.\n(d) The hearing on the demotion shall be public or private, at the discretion of the\nadministrator and shall be limited to the matters set forth in the written\nstatement of grounds for demotion. The board shall provide to the\nadministrator a verbatim transcript of the hearing. T he board of education\nshall hear the case, with the board chairman presiding. The board, upon\nhearing the evidence and argument presented, shall retire to private chambers\nto arrive at a decision. Counsel or representatives for either party in the\nhearing shall not be consulted by the board unless the corresponding counsel\nor representatives for the other party are present and unless a verbatim\ntranscript of such consultation is made for the record.\n(e) Within five (5) days from the close of the hearing, the board of education shall\nadvise the parties of its decision and shall take official action in the case.\n(f) Appeal from final board action may be taken in the same manner and under\nthe same provisions as an appeal from tribunal action under KRS 161.790.","path":["KRS Chapter 161"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48755","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:11Z","sha256":"b0d197e0179ca0942220fd416f4aa399e74b36de1d9c03420859438e5026cbae","source_id":"us-ky","stale":false,"prev":"us-ky/krs-161.760","next":"us-ky/krs-161.770"},"notice":"GroundRules: Original legal text. Not legal advice."}