(1) A superintendent may demote an administrator by complying with the requirements
of KRS 161.760 when the administrator:
(a) Has not completed three (3) years of administrative service, not including
leave granted under KRS 161.770; or
(b) Is in a district-level administrative position in a county school district in a
county with a consolidated local government adopted under KRS Chapter
67C.
(2) Except for an administrator described in subsection (1)(b) of this section, an
administrator who has completed three (3) years of administrative service, not
including leave granted under KRS 161.770, cannot be demoted unless the
following procedures have been complied with:
(a) The superintendent shall give written notice of the demotion to the board of
education and to the administrator. If the administrator wishes to contest the
demotion, he or she shall, within ten (10) days of receipt of the notice, file a
written statement of his or her intent to contest with the superintendent. If the
administrator does not make timely filing of his or her statement of intent to
contest, the action shall be final.
(b) Upon receipt of the notice of intent to contest the demotion, a written
statement of grounds for demotion, signed by the superintendent, shall be
served on the administrator. The statement shall contain:
1. A specific and complete statement of grounds upon which the proposed
demotion is based, including, where appropriate, dates, times, names,
places, and circumstances;
2. The date, time, and place for a hearing, the date to be not less than
twenty (20) nor more than thirty (30) days from the date of service of the
statement of grounds for demotion upon the administrator.
(c) Upon receipt of the statement of grounds for demotion the administrator shall,
within ten (10) days, file a written answer. Failure to file such answer, within
the stated period, will relieve the board of any further obligation to hold a
hearing and the action shall be final. The board shall issue subpoenas as are
requested.
(d) The hearing on the demotion shall be public or private, at the discretion of the
administrator and shall be limited to the matters set forth in the written
statement of grounds for demotion. The board shall provide to the
administrator a verbatim transcript of the hearing. The board of education
shall hear the case, with the board chairman presiding. The board, upon
hearing the evidence and argument presented, shall retire to private chambers
to arrive at a decision. Counsel or representatives for either party in the
hearing shall not be consulted by the board unless the corresponding counsel
or representatives for the other party are present and unless a verbatim
transcript of such consultation is made for the record.
(e) Within five (5) days from the close of the hearing, the board of education shall
advise the parties of its decision and shall take official action in the case.
(f) Appeal from final board action may be taken in the same manner and under
the same provisions as an appeal from tribunal action under KRS 161.790.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 65, sec. 5, effective June 27, 2019. -- Amended
1990 Ky. Acts ch. 476, Pt. IV, sec. 283, effective July 13, 1990. -- Created 1974 Ky.
Acts ch. 356, sec. 2.
Notes of Decisions
Hardin v. Jefferson Cnty. Bd. of Educ., 558 S.W.3d 1 (Ky. Ct. App. 2018).
· cites it 28× “In his amended petition, he claimed Appellees: (1) violated Kentucky law by demoting him without complying with KRS 161.765 ; (2) violated statutory and regulatory requirements governing the evaluation of certified educational personnel, including administrators; and (3)…”
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
· cites it 10× “Neither KRS 161.765 nor any other statute mentions what grounds are necessary to demote a school administrator who has completed three years of administrative service, as had the appellant.”
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
· cites it 23× “390, which grants school superintendents broad power over personnel decisions, and KRS 161.765, which provides heightened procedural protections for school administrators.”
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
· cites it 4× “760; demotions, under former KRS 161.765; and terminations, under former KRS 161.”
Young v. Hammond, 139 S.W.3d 895 (Ky. 2004).
· cites it 2× “On May 3, 2002, Keith Young, superintendent of Adair County schools, gave Akin written notification of his demotion to a teacher position, as authorized in KRS 161.765(1), because he had failed to meet any of the standards of performance used in evaluating school principals…”
Banks v. Bd. of Educ. of Letcher Cnty., 648 S.W.2d 542 (Ky. Ct. App. 1983).
· cites it 6× “(2) On April 24, 1981, the Board, acting through its chairman and secretary, informed the appellant that pursuant to KRS 161.765, the superintendent had recommended that he would be reassigned to classroom duty for the 1981-82 school year.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
· cites it 2× “KRS 161.765(1). 54 . KRS 13B.150(1). 55 .”
Harlan Cnty. Bd. of Educ. v. Stagnolia, 555 S.W.2d 828 (Ky. Ct. App. 1977).
· cites it 3× “Moreover, appellee had administrative tenure within the provisions of KRS 161.765. 1974 was a campaign year for the Harlan County Board of Education and ap-pellee and appellant, Superintendent Rowland, openly supported opposing candidates with appellant’s incumbent being…”
Hooks v. Smith, 781 S.W.2d 522 (Ky. Ct. App. 1989).
· cites it 2× “That question is whether the equal protection clause of the fourteenth amendment to the United States Constitution and sections 3 and 59 of the Kentucky Constitution require that the basis for demotion of administrative personnel, now governed by KRS 161.765, be identical in…”
Daugherty v. Hunt, 694 S.W.2d 719 (Ky. Ct. App. 1985).
· cites it 5× “-760 which relates to “teachers” to KRS 161.765 which relates to “administrators.”
Hart Cnty. Bd. of Educ. v. Broady, 577 S.W.2d 423 (Ky. Ct. App. 1979).
· cites it 2× “The circuit judge heard this cause without intervention of a jury pursuant to the provisions of KRS 161.765 and 161.790 and after making findings of fact and conclusions of law, rendered the judgment aforesaid.”
— Ky. Rev. Stat. § 161.765(1) — 5 cases
Young v. Hammond, 139 S.W.3d 895 (Ky. 2004).
“On May 3, 2002, Keith Young, superintendent of Adair County schools, gave Akin written notification of his demotion to a teacher position, as authorized in KRS 161.765(1), because he had failed to meet any of the standards of performance used in evaluating school principals…”
Hardin v. Jefferson Cnty. Bd. of Educ., 558 S.W.3d 1 (Ky. Ct. App. 2018).
“In his amended petition, he claimed Appellees: (1) violated Kentucky law by demoting him without complying with KRS 161.765 ; (2) violated statutory and regulatory requirements governing the evaluation of certified educational personnel, including administrators; and (3)…”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“KRS 161.765(1). 54 . KRS 13B.150(1). 55 .”
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
“Neither KRS 161.765 nor any other statute mentions what grounds are necessary to demote a school administrator who has completed three years of administrative service, as had the appellant.”
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
“390, which grants school superintendents broad power over personnel decisions, and KRS 161.765, which provides heightened procedural protections for school administrators.”
— Ky. Rev. Stat. § 161.765(2) — 10 cases
Hardin v. Jefferson Cnty. Bd. of Educ., 558 S.W.3d 1 (Ky. Ct. App. 2018).
“In his amended petition, he claimed Appellees: (1) violated Kentucky law by demoting him without complying with KRS 161.765 ; (2) violated statutory and regulatory requirements governing the evaluation of certified educational personnel, including administrators; and (3)…”
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
“Neither KRS 161.765 nor any other statute mentions what grounds are necessary to demote a school administrator who has completed three years of administrative service, as had the appellant.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“KRS 161.765(1). 54 . KRS 13B.150(1). 55 .”
Harlan Cnty. Bd. of Educ. v. Stagnolia, 555 S.W.2d 828 (Ky. Ct. App. 1977).
“Moreover, appellee had administrative tenure within the provisions of KRS 161.765. 1974 was a campaign year for the Harlan County Board of Education and ap-pellee and appellant, Superintendent Rowland, openly supported opposing candidates with appellant’s incumbent being…”
— Ky. Rev. Stat. § 161.765(2)(a) — 3 cases
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
“Neither KRS 161.765 nor any other statute mentions what grounds are necessary to demote a school administrator who has completed three years of administrative service, as had the appellant.”
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
“390, which grants school superintendents broad power over personnel decisions, and KRS 161.765, which provides heightened procedural protections for school administrators.”
— Ky. Rev. Stat. § 161.765(2)(b) — 2 cases
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
“390, which grants school superintendents broad power over personnel decisions, and KRS 161.765, which provides heightened procedural protections for school administrators.”
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
“Neither KRS 161.765 nor any other statute mentions what grounds are necessary to demote a school administrator who has completed three years of administrative service, as had the appellant.”
— Ky. Rev. Stat. § 161.765(2)(b)(2) — 1 case
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
“390, which grants school superintendents broad power over personnel decisions, and KRS 161.765, which provides heightened procedural protections for school administrators.”
— Ky. Rev. Stat. § 161.765(2)(b)(l) — 2 cases
Banks v. Bd. of Educ. of Letcher Cnty., 648 S.W.2d 542 (Ky. Ct. App. 1983).
“(2) On April 24, 1981, the Board, acting through its chairman and secretary, informed the appellant that pursuant to KRS 161.765, the superintendent had recommended that he would be reassigned to classroom duty for the 1981-82 school year.”
Estreicher v. Bd. of Educ., 950 S.W.2d 839 (Ky. 1997).
“390, which grants school superintendents broad power over personnel decisions, and KRS 161.765, which provides heightened procedural protections for school administrators.”
— Ky. Rev. Stat. § 161.765(2)(d) — 2 cases
Hardin v. Jefferson Cnty. Bd. of Educ., 558 S.W.3d 1 (Ky. Ct. App. 2018).
“In his amended petition, he claimed Appellees: (1) violated Kentucky law by demoting him without complying with KRS 161.765 ; (2) violated statutory and regulatory requirements governing the evaluation of certified educational personnel, including administrators; and (3)…”
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
“Neither KRS 161.765 nor any other statute mentions what grounds are necessary to demote a school administrator who has completed three years of administrative service, as had the appellant.”
— Ky. Rev. Stat. § 161.765(2)(e) — 1 case
Miller v. Bd. of Educ. of Hardin Cnty., 610 S.W.2d 935 (Ky. Ct. App. 1980).
“Neither KRS 161.765 nor any other statute mentions what grounds are necessary to demote a school administrator who has completed three years of administrative service, as had the appellant.”
— Ky. Rev. Stat. § 161.765(2)(f) — 2 cases
Banks v. Bd. of Educ. of Letcher Cnty., 648 S.W.2d 542 (Ky. Ct. App. 1983).
“(2) On April 24, 1981, the Board, acting through its chairman and secretary, informed the appellant that pursuant to KRS 161.765, the superintendent had recommended that he would be reassigned to classroom duty for the 1981-82 school year.”
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