701 KAR 5:090. Teacher disciplinary hearings

Link to law: http://www.lrc.ky.gov/kar/701/005/090.htm
Published: 2015

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      701 KAR 5:090.

Teacher disciplinary hearings.

 

      RELATES TO: KRS

161.770, 161.790

      STATUTORY

AUTHORITY: KRS 156.070, 161.790(4)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 161.790(4) requires the commissioner of education

to appoint an impartial three (3) member tribunal to conduct an administrative

hearing and make the final determination on charges concerning a local school

district's proposal to discipline or place on involuntary leave a teacher if

the teacher gives timely notice of his intent to answer the charges. This

administrative regulation establishes administrative and hearing procedures

with respect to the tribunal process and identifies the required training for

tribunal members designated to serve as tribunal members on an ongoing basis.

 

      Section 1. A

local school district superintendent proposing to discipline (except for a

private reprimand) or place on involuntary leave a teacher shall immediately,

after notice to the employee, transmit a copy of the notice of the action to

the commissioner of education, along with advice as to the date of the receipt

of the notice by the employee.

 

      Section 2.

Continuances. (1)(a) If, after a requested hearing has been scheduled by the

commissioner of education or his designee, a continuance is requested by the

teacher, the teacher shall specifically and in writing waive the statutory

hearing deadlines and any subsequent backpay award for the period of the

requested continuance. A continuance initiated by the teacher shall not be

granted without the appropriate waiver.

      (b) If the

continuance request was initiated by the school district, a waiver shall not be

required.

      (2) A

continuance requested by the teacher may be granted for good cause shown,

including pending criminal charges making it inadvisable for the employee to

testify at an administrative hearing or late entry of an attorney into the case

on behalf of the employee.

      (3) A

continuance requested by the school district, and not agreed to by the

employee, may be granted upon documentation of an emergency or other

circumstance making it impossible or prejudicially impractical for the district

to adequately present its case at the scheduled hearing.

      (4) A request

for continuance made prior to the three (3) member tribunal convening shall be

submitted in writing to the hearing officer.

 

      Section 3. (1) To be a member of the

pool of potential tribunal members who is designated to serve as a tribunal

member on an ongoing basis, a person shall receive training on the following

topics:

      (a) The hearing process;

      (b) The role of the tribunal;

      (c) The role of the hearing officer;

      (d) How to determine facts;

      (e) Fundamental fairness;

      (f) The law on teacher disciplinary

actions (KRS 161.790); and

      (g) The deliberative process.

      (2) For attending training to become a

member of the pool of potential tribunal members, a person shall receive a per

diem of $100 and reimbursement of travel expenses from the Department of

Education.

 

      Section 4. (1)

The local school district shall pay all travel expenses of the hearing officer.

      (2) No later

than the convening of the hearing, the local school district shall advise the

tribunal members how to claim their per diem and travel expenses.

 

      Section 5. A

hearing before the tribunal shall be conducted in accordance with KRS Chapter

13B.

 

      Section 6. (1)

If, for any reason and after testimony has commenced, a tribunal member becomes

unavailable to complete the hearing of the evidence of both parties, an

appropriate substitute tribunal member shall be appointed by the commissioner of

education and provided by the school district with a written transcript of all

prior proceedings at the hearing unless waived under subsection (2) of this

section.

      (2) A hearing

may be concluded and a decision rendered by a two (2) member tribunal upon

express agreement of both parties. (18 Ky.R. 217; eff.

9-6-91; Am. 23 Ky.R. 1425; 2466; eff. 12-5-96; 29 Ky.R. 805; 1271; eff.

11-12-2002.)