responsibility.
(1) The superintendent of schools shall give notice not later than forty-five (45) days
before the first student attendance day of the succeeding school year or June 15,
whichever occurs earlier, to each teacher who holds a contract valid for the
succeeding school year, stating the best estimate as to the salary to be paid the
teacher during the year. The salary shall not be lower than the salary paid during the
preceding school year, unless the reduction is a part of a uniform plan affecting all
teachers in the entire district, or unless there is a reduction of responsibilities.
Nothing herein shall prevent increases of salary after the superintendent's annual
notice has been given. All teachers who refuse assignment shall notify the
superintendent in writing not later than thirty (30) days before the first student
attendance day of the school year.
(2) Transfer or change in appointment of teachers later than thirty (30) days before the
first student attendance day of the school year shall be made only to fill vacancies
created by illness, death, or resignations; to reduce or increase personnel because of
a shift in school population; to make personnel adjustments after consolidation or
merger; or to assign personnel according to their certification pursuant to KRS
161.010 to 161.120 provided, in the latter instance, that the teacher was appointed
to a position outside his or her field of certification in the previous year.
(3) Reduction of responsibility for a teacher may be accompanied by a corresponding
reduction in salary provided that written notification stating the specific reason for
the reduction shall be furnished to the teacher not later than ninety (90) days before
the first student attendance day of the school year or May 15, whichever occurs
earlier.
(4) Employment of a teacher, under either a limited or a continuing contract, is
employment in the school district only and not in a particular position or school.
Effective: April 14, 2008
History: Amended 2008 Ky. Acts ch. 113, sec. 5, effective April 14, 2008. -- Amended
2002 Ky. Acts ch. 78, sec. 1, effective July 15, 2002. -- Amended 1990 Ky. Acts ch.
476, Pt. II, sec. 84, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 338, sec.
1, effective July 15, 1982; and ch. 362, sec. 1, effective July 15, 1982. -- Amended
1970 Ky. Acts ch. 169, sec. 2. -- Amended 1964 Ky. Acts ch. 41, sec. 5. -- Amended
1944 Ky. Acts ch. 98, sec. 1. -- Created 1942 Ky. Acts ch. 113, sec. 5.
Notes of Decisions
Cited in
34
cases (
1 in the last 5 years), 1951–2023 · leading case:
Cook v. Bd. of Educ., 576 S.W.2d 270 (Ky. Ct. App. 1979).
Cook v. Bd. of Educ., 576 S.W.2d 270 (Ky. Ct. App. 1979).
· cites it 12× “Lawrence, supra, at 831: KRS 161.760 [amended in 1964] says in effect that if a teacher having continued service status has been entrusted with a position of extra responsibility which carries extra compensation above the base salary, she shall be deemed to possess such…”
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
· cites it 4× “Likewise, reductions in pay and responsibilities, under former KRS 161.760; demotions, under former KRS 161.”
Banks v. Bd. of Educ. of Letcher Cnty., 648 S.W.2d 542 (Ky. Ct. App. 1983).
· cites it 9× “On appeal, the issues are whether the trial court erred in: (1)determining that the appellant was given the statutory notice of his demotion pri- or to May 15, 1981, KRS 161.760(2); (2) determining that the grounds for such demotion were specific and complete as required by KRS…”
Bowlin v. Thomas, 548 S.W.2d 515 (Ky. Ct. App. 1977).
· cites it 6× “The appellees contend that KRS 161.760 only applies to tenured teachers and has no application to a non-tenured teacher holding only a limited contract.”
Hardin v. Jefferson Cnty. Bd. of Educ., 558 S.W.3d 1 (Ky. Ct. App. 2018).
“770, by complying with the requirements of KRS 161.760. (2) An administrator who has completed three years of administrative service, not including leave granted under KRS 161.”
Frisby v. Bd. of Educ. of Boyle Cnty., 707 S.W.2d 359 (Ky. Ct. App. 1986).
· cites it 3× “Frisby received the final notification on May 9,1983, but it was not until August 31,1984, that she filed her action in the Boyle Circuit Court challenging the board’s action under KRS 161.760, KRS 161.765, and 42 U.S.C. § 1983 (1979).”
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
· cites it 4× “On May 8, 1978, the appellant was assigned to a position in the school system’s central office. On July 24, following the demotion hearing, she was reassigned to the position of classroom teacher.”
Snapp v. Deskins, 450 S.W.2d 246 (Ky. Ct. App. 1970).
· cites it 4× “Of principal significance is KRS 161.760, which reads: “(1) Each board of education shall cause notice to be given annually not later than July 1 to each teacher who holds a contract valid for the succeeding school year, stating the best estimate as to the salary to be paid such…”
Settle v. Camic, 552 S.W.2d 693 (Ky. Ct. App. 1977).
· cites it 5× “KRS 161.760 contains provisions pertaining to salaries to be paid to public school teachers, and requisites for reducing a teacher’s salary, in the following terms: (1) Each board of education shall cause notice to be given annually not later than July 1 to each teacher who…”
Bd. of Educ. of McCreary Cnty. v. Stephens, 449 S.W.2d 421 (Ky. Ct. App. 1970).
· cites it 8× “The appellants contend that KRS 161.760 warranted reduction of Stephens’ salary in light of the elimination of the extra service and administrative and supervisory duties of Stephens when his assignment was changed from principal to teacher.”
Bd. of Educ. of Nelson Cnty. v. Lawrence, 375 S.W.2d 830 (Ky. Ct. App. 1963).
· cites it 4× “760 has been repealed by implication, or as appellant’s counsel says, “rendered obsolete,” by the Minimum Foundation Law, particularly KRS 157.”
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
· cites it 9× “Appellant, who argues that the Board met neither of those two requirements, submits that these added procedures must also be read in conjunction with KRS 161.760. That statute provides, in pertinent part: “Reduction of responsibility for a teacher may be accompanied by a…”
— Ky. Rev. Stat. § 161.760(1) — 8 cases
Bowlin v. Thomas, 548 S.W.2d 515 (Ky. Ct. App. 1977).
“The appellees contend that KRS 161.760 only applies to tenured teachers and has no application to a non-tenured teacher holding only a limited contract.”
Cook v. Bd. of Educ., 576 S.W.2d 270 (Ky. Ct. App. 1979).
“Lawrence, supra, at 831: KRS 161.760 [amended in 1964] says in effect that if a teacher having continued service status has been entrusted with a position of extra responsibility which carries extra compensation above the base salary, she shall be deemed to possess such…”
— Ky. Rev. Stat. § 161.760(2) — 9 cases
Cook v. Bd. of Educ., 576 S.W.2d 270 (Ky. Ct. App. 1979).
“Lawrence, supra, at 831: KRS 161.760 [amended in 1964] says in effect that if a teacher having continued service status has been entrusted with a position of extra responsibility which carries extra compensation above the base salary, she shall be deemed to possess such…”
Banks v. Bd. of Educ. of Letcher Cnty., 648 S.W.2d 542 (Ky. Ct. App. 1983).
“On appeal, the issues are whether the trial court erred in: (1)determining that the appellant was given the statutory notice of his demotion pri- or to May 15, 1981, KRS 161.760(2); (2) determining that the grounds for such demotion were specific and complete as required by KRS…”
Settle v. Camic, 552 S.W.2d 693 (Ky. Ct. App. 1977).
“KRS 161.760 contains provisions pertaining to salaries to be paid to public school teachers, and requisites for reducing a teacher’s salary, in the following terms: (1) Each board of education shall cause notice to be given annually not later than July 1 to each teacher who…”
— Ky. Rev. Stat. § 161.760(3) — 8 cases
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
“Appellant, who argues that the Board met neither of those two requirements, submits that these added procedures must also be read in conjunction with KRS 161.760. That statute provides, in pertinent part: “Reduction of responsibility for a teacher may be accompanied by a…”
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