16 KAR 1:030. Procedures for certificate

revocation, suspension, reinstatement and reissuance, and application denial.

 

      RELATES TO: KRS 161.028(1), 161.120,

218A.010(5)

      STATUTORY AUTHORITY: KRS 161.028(1),

161.175(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

161.028(1) authorizes the Education Professional Standards Board to establish

standards and requirements for obtaining and maintaining a teaching

certificate. KRS 161.175(2) authorizes the Education Professional Standards

Board to promulgate administrative regulations requiring a teacher whose

certificate has been suspended or revoked by the Education Professional

Standards Board because the teacher engaged in misconduct involving the illegal

use of controlled substances to submit to drug testing. This administrative

regulation identifies the conditions for initiating a disciplinary action

against a teaching or administrative certificate and establishes procedures for

certificate reinstatement, reissuance, and application denial.

 

      Section 1. Initiating Disciplinary Action

Against a Certificate. The Education Professional Standards Board may initiate

disciplinary action against a Kentucky teaching or administrative certificate

upon receipt from any source of a report or complaint which contains allegations

that an individual who holds a Kentucky teaching or administrative certificate

has engaged in conduct listed in KRS 161.120(1).

 

      Section 2. Reinstatement and Reissuance

of Certificate. (1)(a) A certificate that has been suspended by the Education

Professional Standards Board shall not be reinstated until the certificate

holder has met all conditions and requirements ordered by the Education

Professional Standards Board.

      (b) If a certificate lapses during a

period of suspension, at the end of the suspension period and upon completion

of all conditions and requirements ordered by the Education Professional Standards

Board, the certificate holder shall apply for renewal of the certificate and

shall meet all educational requirements for renewal of the certificate.

      (2) An individual whose certificate has

been revoked shall complete the "Application for Kentucky Certification or

Change in Salary Rank", Form TC-1, incorporated by reference in 16 KAR

2:010, prior to the reissuance of the certificate.

      (3) The burden of proving suitability for

reissuance of a revoked certificate shall rest on the applicant seeking

reinstatement.

      (4) If reissuing a certificate, the

Education Professional Standards Board may include terms and conditions that

the board reasonably deems appropriate as a condition of reissuance in

accordance with KRS 161.120(11)(b).

      (5) An applicant for reissuance of a

revoked certificate shall satisfy all current educational requirements for the

certificate.

      (6)(a) If a certificate is suspended or

revoked because the certificate holder engaged in misconduct involving the

illegal use of a controlled substance as defined in KRS 218A.010(5), in

addition to conditions for reinstatement or reissuance, the certificate holder

shall at the certificate holder's own expense provide written evidence that the

certificate holder has submitted to a drug test administered by a drug testing

facility approved by the Education Professional Standards Board within thirty

(30) days of reinstatement or submission of an application for reissuance of

the certificate.

      (b) If the results of the drug test

indicate drug use by the certificate holder, the certificate shall not be

reinstated or reissued.

      (c) The certificate holder shall arrange

for the drug testing facility to send the results of the drug test directly to

the Education Professional Standards Board.

      (d) A drug test conducted under this

subsection shall at a minimum test for the following controlled substances:

      1. Marijuana;

      2. Cocaine;

      3. Opiates;

      4. Amphetamines;

      5. Phencyclidene;

      6. Morphine;

      7. MDMA (Ecstasy);

      8. Methadone;

      9.Benzodiazepines;

      10. Barbiturates; and

      11. Oxycodone.

      (e)1. A certificate holder subject to the

terms of this subsection may petition the Education Professional Standards Board

to approve a drug testing facility of the certificate holder's choice.

      2. The petition shall contain the following

information:

      a. The drug testing facility’s name and

location;

      b. The name and telephone number for the

director of the facility;

      c. The method of test specimen

collection;

      d. The drug testing facility’s method of

assuring identity of the test subject;

      e. Procedures for testing specimens,

including forensic testing methods; and

      f. Chain of custody protocols.

 

      Section 3. Denial of Application for a

Certificate. If the Education Professional Standards Board denies an

individual's application for a Kentucky teaching or administrative certificate

pursuant to this administrative regulation, the individual may file an appeal

in accordance with KRS 161.120(5)(a)2. (19 Ky.R. 1264; Am. 1599;

1751; eff. 2-4-93; 20 Ky.R. 633; eff. 11-4-93; 23 Ky.R. 3617; 4124; eff.

6-16-97; recodified from 704 KAR 20:585, 7-2-2002; 33 Ky.R. 3423; 34 Ky.R. 9;

eff. 7-19-2007.)