702 KAR 1:150. Employment of KTRS

retiree in full-time position.

 

      RELATES TO: KRS 156.106, 160.380, 161.605

      STATUTORY AUTHORITY: KRS 156.070,

156.106, 161.605(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

156.106 and 161.605(3) require the Kentucky Board of Education to promulgate

administrative regulations to establish procedures to be used to appoint

retired teachers and administrators to teaching and nonteaching positions if no

other qualified applicant is available to fill the position. This administrative

regulation establishes the procedures for local school districts to follow to

determine whether other qualified applicants are available to fill a teaching

or nonteaching position, and if not, for filling the position with a retired

member.

 

      Section 1. Definition. "Qualified

teacher" means a teacher who holds the appropriate certification for the

position unless the superintendent of the employing school district has

documented evidence that the teacher is unsuitable for appointment.

 

      Section 2. To establish the need for

employing a retired teacher or administrator in a teaching or nonteaching

position, a school district superintendent shall submit a written statement to

the Kentucky Teacher’s Retirement System confirming the following:

      (1) The superintendent has made every

reasonable effort to recruit an active teacher or administrator for the

position on an annual basis;

      (2) No qualified teacher or administrator

has applied for the vacant position, or to the superintendent’s knowledge, a

qualified teacher or administrator is not available for the position;

      (3) The vacancy has been advertised

locally, regionally, and statewide by appropriate means;

      (4) The school district has been

unsuccessful in recruiting a qualified teacher or administrator for the vacant

position from the listings of teachers and administrators supplied by the

placement services of the teacher education institutions, the Kentucky Department

of Education, and other professional organizations; and

      (5) The local school district has

complied with the criminal records check required by KRS 160.380 as to the

applicant whom the school district intends to hire into the vacant position.

 

      Section 3. (1) A request to appoint a

retired teacher or administrator in a position in a teaching or nonteaching

position shall be submitted to the Kentucky Teacher’s Retirement System, and

the local district shall keep on file a specific plan for continuing to recruit

an active teacher or administrator for the position.

      (2) If the statewide quota for the hiring

of teachers and administrators in teaching and nonteaching positions has not

been met, after September 15 of each school year a local school district superintendent

may request approval from the Department of Education for the school district to

exceed its quota of retired teachers and administrators as employees, pursuant

to KRS 156.106(4) and 161.605(4). (27 Ky.R. 1395; Am. 1801; eff. 1-15-2001, 209

Ky.R. 1888, 2284; eff. 3-19-03.)