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.)