RELATES TO: KRS 156.106, 160.380, 161.605
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 non-teaching 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).
