(1) The term "teacher" for the purpose of KRS 161.730 to 161.810 shall mean any
person for whom certification is required as a basis of employment in the public
schools of the state, with the exception of the superintendent.
(2) The term "year" as applied to terms of service means actual service of not less than
seven (7) school months within a school year; provided, however, that any board of
education may grant a leave of absence for professional advancement or military
leave for active duty service with full credit for service.
(3) The term "limited contract" shall mean a contract for the employment of a teacher
for a term of one (1) year only or for that portion of the school year that remains at
the time of employment.
(4) The term "continuing service contract" shall mean a contract for the employment of
a teacher which shall remain in full force and effect until:
(a) The teacher resigns or retires;
(b) The contract is terminated or suspended as provided in KRS 161.790 and
161.800; or
(c) For contracts entered into on or after July 1, 2019, the teacher begins
employment in a district-level administrative position in a county school
district in a county with a consolidated local government adopted under KRS
Chapter 67C. For purposes of this section and KRS 161.730 to 161.810,
"district-level administrative position" means an administrative position in a
local school district that has administrative-level duties and responsibilities
that are not limited to one (1) school in the district.
(5) The term "continuing status" means employment of a teacher under a continuing
contract.
(6) The term "standard" or "college" certificate for the purpose of KRS 161.730 to
161.810 shall mean any certificate issued upon the basis of graduation from a
standard four (4) year college or completion of a local district alternative
certification training program.
(7) The term "superintendent" for the purpose of KRS 161.765 shall mean the school
officer appointed by a board of education under the authority of KRS 160.350 or
any person authorized by law to perform the duties of that officer.
(8) The term "administrator" for the purpose of KRS 161.765 shall mean a certified
employee, below the rank of superintendent, who devotes the majority of his or her
employed time to service as a principal, assistant principal, supervisor, coordinator,
director, assistant director, administrative assistant, finance officer, pupil personnel
worker, guidance counselor, school psychologist, or school business administrator.
The term "administrator" shall also include those assistant, associate, or deputy
superintendents who do not fall within the definition of "superintendent" as set forth
in subsection (7) of this section.
(9) The terms "demote" or "demotion" for the purpose of KRS 161.765 shall mean a
reduction in rank from one (1) position on the school district salary schedule to a
different position on that schedule for which a lower salary is paid. The terms shall
not include lateral transfers to positions of similar rank and pay or minor alterations
in pay increments required by the salary schedule.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 65, sec. 3, effective June 27, 2019. -- Amended
2004 Ky. Acts ch. 161, sec. 2, effective July 13, 2004. -- Amended 1998 Ky. Acts ch.
176, sec. 1, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 85, sec. 1,
effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 518, sec. 8, effective July 13,
1990; and ch. 476, Pt. II, sec. 80, effective July 13, 1990. -- Amended 1988 Ky. Acts
ch. 50, sec. 1, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 356, sec. 1. --
Amended 1964 Ky. Acts ch. 41, sec. 1. -- Amended 1944 Ky. Acts ch. 98, sec. 1. --
Created 1942 Ky. Acts ch. 113, sec. 1.
Notes of Decisions
Cited in
44
cases (
4 in the last 5 years), 1949–2023 · leading case:
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
· cites it 2× “Upon final hearing, the court shall grant or deny the relief prayed for in the petition as may be proper under the provisions of KRS 161.720 to 161.810 and in accordance with the evidence adduced at the hearing.”
Lewis v. Bd. of Educ. of Johnson Cnty., 348 S.W.2d 921 (Ky. Ct. App. 1961).
· cites it 3× “KRS 161.720 et seq. He also sought to recover $4,950 as salary for the period of time in controversy plus $500 expended by him in seeking a job.”
Roberts v. Mooneyhan, 902 S.W.2d 842 (Ky. Ct. App. 1995).
· cites it 4× “Among them was KRS 161.720, a statute that defined “administrator” for the purposes of KRS 161.”
Belcher v. Gish, 555 S.W.2d 264 (Ky. 1977).
· cites it 5× “750(2): “Any teacher employed under a limited contract and ineligible for a continuing contract shall at the expiration of such limited contract be deemed re-employed under the provisions of KRS 161.720 to 161.810 for the succeeding school year at the same salary plus any…”
Bd. of Educ. of Ashland Sch. Dist. v. Chattin, 376 S.W.2d 693 (Ky. Ct. App. 1964).
· cites it 2× “On July 3, 1961, Chattin brought suit in the Boyd Circuit Court claiming entitlement to a continuing status under KRS 161.720 et seq. and asking to enjoin the school board and its individual members from discharging him without a hearing.”
Stafford v. Bd. of Educ., 642 S.W.2d 596 (Ky. Ct. App. 1982).
· cites it 2× “Stafford contends that his transfer to the Middle School was a demotion within the meaning of KRS 161.720(9), and was illegal as the appellees failed to follow the required demotion procedures.”
Roberts v. Fayette Cnty. Bd. of Educ., 173 S.W.3d 918 (Ky. Ct. App. 2005).
· cites it 2× “750, which states in pertinent part: (1) Any teacher employed under a limited contract may be reemployed under the provisions of KRS 161.720 to 161.810 for the succeeding school year at the same salary, .”
Whitley Cnty. Bd. of Educ. v. Meadors, 444 S.W.2d 890 (Ky. Ct. App. 1969).
· cites it 2× “In 1963 its pertinent provisions read as follows: “(1) Teachers eligible for continuing service status in any school district shall be those teachers who meet qualifications listed in this section: “(a) Hold a standard or college certificate as defined in KRS 161.720; “(b) When…”
Hooks v. Smith, 781 S.W.2d 522 (Ky. Ct. App. 1989).
“See KRS 161.720(8). It is certainly not beyond reason that the legislature would deem it advisable not to give one whose supervisory and policy role is so different the same kind of job protection given to a classroom teacher.”
Gaines v. Bd. of Educ., 554 S.W.2d 394 (Ky. Ct. App. 1977).
· cites it 2× “Prior to May 15, 1975, Gaines and Parris had been employed by the Board of Education for one year on a limited contract basis, as defined by KRS 161.720. On May 12, 1975, the Superintendent for the Board of Education submitted to the Board his rec *395 ommendations for…”
Carpenter v. Bd. of Educ., 582 S.W.2d 645 (Ky. 1979).
· cites it 2× “KRS 161.720(4). Movant Carpenter undoubtedly attained continuing service status by operation of law under KRS 161.”
Harlan Cnty. Bd. of Educ. v. Stagnolia, 555 S.W.2d 828 (Ky. Ct. App. 1977).
“720(8), with tenure as such, and that subsequent to his termination he was reemployed as an elementary teacher, it cannot be argued other *831 wise than that he was in fact demoted. KRS 161.765(2) is one of the most strongly worded statutes enacted by the legislature when it…”
— Ky. Rev. Stat. § 161.720(1) — 3 cases
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“Upon final hearing, the court shall grant or deny the relief prayed for in the petition as may be proper under the provisions of KRS 161.720 to 161.810 and in accordance with the evidence adduced at the hearing.”
— Ky. Rev. Stat. § 161.720(2) — 4 cases
— Ky. Rev. Stat. § 161.720(3) — 4 cases
Roberts v. Fayette Cnty. Bd. of Educ., 173 S.W.3d 918 (Ky. Ct. App. 2005).
“750, which states in pertinent part: (1) Any teacher employed under a limited contract may be reemployed under the provisions of KRS 161.720 to 161.810 for the succeeding school year at the same salary, .”
— Ky. Rev. Stat. § 161.720(4) — 14 cases
Belcher v. Gish, 555 S.W.2d 264 (Ky. 1977).
“750(2): “Any teacher employed under a limited contract and ineligible for a continuing contract shall at the expiration of such limited contract be deemed re-employed under the provisions of KRS 161.720 to 161.810 for the succeeding school year at the same salary plus any…”
Lewis v. Bd. of Educ. of Johnson Cnty., 348 S.W.2d 921 (Ky. Ct. App. 1961).
“KRS 161.720 et seq. He also sought to recover $4,950 as salary for the period of time in controversy plus $500 expended by him in seeking a job.”
Carpenter v. Bd. of Educ., 582 S.W.2d 645 (Ky. 1979).
“KRS 161.720(4). Movant Carpenter undoubtedly attained continuing service status by operation of law under KRS 161.”
— Ky. Rev. Stat. § 161.720(4)(a) — 1 case
— Ky. Rev. Stat. § 161.720(6) — 1 case
Whitley Cnty. Bd. of Educ. v. Meadors, 444 S.W.2d 890 (Ky. Ct. App. 1969).
“In 1963 its pertinent provisions read as follows: “(1) Teachers eligible for continuing service status in any school district shall be those teachers who meet qualifications listed in this section: “(a) Hold a standard or college certificate as defined in KRS 161.720; “(b) When…”
— Ky. Rev. Stat. § 161.720(8) — 5 cases
Hooks v. Smith, 781 S.W.2d 522 (Ky. Ct. App. 1989).
“See KRS 161.720(8). It is certainly not beyond reason that the legislature would deem it advisable not to give one whose supervisory and policy role is so different the same kind of job protection given to a classroom teacher.”
Roberts v. Mooneyhan, 902 S.W.2d 842 (Ky. Ct. App. 1995).
“Among them was KRS 161.720, a statute that defined “administrator” for the purposes of KRS 161.”
Harlan Cnty. Bd. of Educ. v. Stagnolia, 555 S.W.2d 828 (Ky. Ct. App. 1977).
“720(8), with tenure as such, and that subsequent to his termination he was reemployed as an elementary teacher, it cannot be argued other *831 wise than that he was in fact demoted. KRS 161.765(2) is one of the most strongly worded statutes enacted by the legislature when it…”
— Ky. Rev. Stat. § 161.720(9) — 1 case
Stafford v. Bd. of Educ., 642 S.W.2d 596 (Ky. Ct. App. 1982).
“Stafford contends that his transfer to the Middle School was a demotion within the meaning of KRS 161.720(9), and was illegal as the appellees failed to follow the required demotion procedures.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.