16 KAR 1:030. Procedures for certificate
revocation, suspension, reinstatement and reissuance, and application denial.
RELATES TO: KRS 161.028(1), 161.120,
STATUTORY AUTHORITY: KRS 161.028(1),
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been revoked shall complete the "Application for Kentucky Certification or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
(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
(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
(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:
7. MDMA (Ecstasy);
10. Barbiturates; and
(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
a. The drug testing facility’s name and
b. The name and telephone number for the
director of the facility;
c. The method of test specimen
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;