Sanctions.
(1) The contract of a teacher shall remain in force during good behavior and efficient
and competent service by the teacher and shall not be terminated except for any of
the following causes:
(a) Insubordination, including but not limited to violation of the school laws of
the state or administrative regulations adopted by the Kentucky Board of
Education, the Education Professional Standards Board, or lawful rules and
regulations established by the local board of education for the operation of
schools, or refusal to recognize or obey the authority of the superintendent,
principal, or any other supervisory personnel of the board in the performance
of their duties;
(b) Immoral character or conduct unbecoming a teacher;
(c) Physical or mental disability; or
(d) Inefficiency, incompetency, or neglect of duty, when a written statement
identifying the problems or difficulties has been furnished the teacher or
teachers involved.
(2) Charges under subsection (1)(a) and (d) of this section shall be supported by a
written record of the actions of the teacher upon which the charge is based, provided
by the superintendent, principal, or other supervisory personnel of the district,
except when the charges are brought as a result of a recommendation made under
KRS 158.6455.
(3) No contract shall be terminated except upon notification of the board by the
superintendent. Prior to notification of the board, the superintendent shall furnish
the teacher with a written statement specifying in detail the charge against the
teacher. The teacher may within ten (10) days after receiving the charge notify the
commissioner of education and the superintendent of his or her intention to answer
the charge, and upon failure of the teacher to give notice within ten (10) days, the
dismissal shall be final.
(4) (a) Except as provided in KRS 163.032, upon receiving the teacher's notice of his
or her intention to answer the charge, the commissioner of education shall
appoint a three (3) member tribunal, consisting of one (1) teacher, who may be
retired, one (1) administrator, who may be retired, and one (1) attorney to
serve as hearing officer and chairperson of the tribunal, none of whom reside
in the district, to conduct an administrative hearing in accordance with KRS
Chapter 13B within the district. Priority for selection as a teacher or
administrator tribunal member shall be from a pool of potential tribunal
members who have been designated and trained to serve as tribunal members
on a regular and ongoing basis, pursuant to administrative regulations
promulgated by the Kentucky Board of Education. Funds appropriated to the
Department of Education for professional development may be used to
provide tribunal member training. The commissioner of education shall set the
date and time for the hearing. The hearing shall begin no later than forty-five
(45) days after the teacher files the notice of intent to answer the charge unless
an extension is granted by the hearing officer or otherwise agreed to by the
parties.
(b) The hearing officer shall be appointed from a pool of hearing officers who
have received in-depth training in the law related to employment of teachers
and in the conduct of due process hearings pursuant to KRS Chapter 13B, and
who hold other qualifications as determined by the Kentucky Board of
Education.
(c) The hearing officer training shall be designed and conducted by the Kentucky
Department of Education.
(d) The Kentucky Board of Education shall adopt administrative regulations to
implement the due process provisions required by this section. Persons
serving as hearing officers shall be paid or reimbursed as provided in KRS
13B.030.
(5) The hearing officer shall schedule a mandatory prehearing conference with the
parties, which may be held in person or electronically through the use of
technology. Prehearing motions may be disposed of at the conference. The hearing
officer shall have the authority to mediate settlement and to enter an agreed order if
the matter is resolved by the parties. A hearing officer shall have final authority to
rule on dispositive prehearing motions.
(6) If the matter is not settled or dismissed as a result of the prehearing conference, a
tribunal hearing shall be conducted. The hearing may be public or private at the
discretion of the teacher. At the hearing, the hearing officer appointed by the
commissioner of education shall preside with authority to rule on procedural
matters, but the tribunal as a whole shall be the ultimate trier of fact. The local
board shall pay each teacher and administrator member of the tribunal a per diem of
one hundred dollars ($100) and travel expenses.
(7) Upon hearing both sides of the case, the tribunal may by a majority vote render its
decision or may defer its action for not more than five (5) days. The decision,
written in a recommended order, shall be limited to upholding or overturning the
decision of the superintendent. The hearing officer shall then within fifteen (15)
days submit to the parties the written recommended order in a form complying with
the requirements of KRS 13B.110(1). Each party may file written exceptions no
later than fifteen (15) days from receipt of the recommended order. Upon
consideration of the exceptions filed by the parties, the hearing officer may order a
settlement conference between the parties. Within ten (10) days after either the
consideration of the exceptions or a settlement conference, whichever occurs later,
the hearing officer shall enter a final order. If there is no settlement reached, the
final order shall affirm the recommended order. If a settlement is reached, the final
order shall approve the terms of a written settlement as an agreed order. Provisions
of KRS Chapter 13B notwithstanding, the hearing officer's decision shall be a final
order.
(8) The superintendent may suspend the teacher pending final action to terminate the
contract, if, in his or her judgment, the character of the charge warrants the action. If
the contract termination is overturned by the final order, the suspended teacher shall
be paid his or her full salary for any period of suspension.
(9) The teacher shall have the right to make an appeal to the Circuit Court having
jurisdiction in the county where the school district is located in accordance with
KRS Chapter 13B. The review of the final order shall be conducted by the Circuit
Court as required by KRS 13B.150.
(10) As an alternative to termination of a teacher's contract, the superintendent upon
notifying the board and providing written notification to the teacher of the charge
may impose other sanctions, including suspension without pay, public reprimand, or
private reprimand. The procedures set out in subsection (3) of this section shall
apply if the teacher is suspended without pay or publicly reprimanded. The teacher
may appeal the action of the superintendent if these sanctions are imposed in the
same manner as established in subsections (4) to (9) of this section. Upon
completion of a suspension period, the teacher may be reinstated.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 30, sec. 2, effective June 27, 2019. -- Amended
2006 Ky. Acts ch. 208, sec. 3, effective July 12, 2006. -- Amended 2002 Ky. Acts ch.
141, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 200, sec. 1,
effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 598, sec. 16, effective April
14, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 53, effective July 15, 1996; and
ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. II,
sec. 85, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 370, sec. 1, effective
July 15, 1988. -- Amended 1964 Ky. Acts ch. 41, sec. 6. -- Amended 1944 Ky. Acts
ch. 98, sec. 1. -- Created 1942 Ky. Acts ch. 113, sec. 8.
Notes of Decisions
Cited in
81
cases (
11 in the last 5 years), 1945–2026 · leading case:
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
· cites it 45× “As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Reis v. Campbell Cnty. Bd. of Educ., 938 S.W.2d 880 (Ky. 1996).
· cites it 37× “Appellant thereafter gave notice to the Superintendent and the Chief State School Officer of his intention to answer the charge and, pursuant to KRS 161.790, requested a hearing on the matter.”
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
· cites it 20× “JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
Jefferson Cnty. Bd. of Educ. v. Edwards, 434 S.W.3d 472 (Ky. 2014).
· cites it 25× “Specifically, Hopper argued that he was entitled to summary judgment because the Board could not meet the termination standards set forth in KRS 161.790. The trial court granted the Board’s summary judgment motion on the governmental immunity claims, but denied the Board’s…”
Bd. of Educ. of Ashland Sch. Dist. v. Chattin, 376 S.W.2d 693 (Ky. Ct. App. 1964).
· cites it 14× “After commencement of the injunction suit the school board decided to proceed under KRS 161.790 and, by letters directed to Chattin on July 14, 1961, and July 24, 1961, listed the specific charges forming the basis for its decision to terminate his employment.”
Carter v. Craig, 574 S.W.2d 352 (Ky. Ct. App. 1978).
· cites it 14× “KRS 161.790 does not require the Board to do so.”
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
· cites it 4× “765; and terminations, under former KRS 161.790; required a majority vote of the school board members, the latter two actions also required a hearing before the Board voted.”
James v. Sevre-Duszynska, 173 S.W.3d 250 (Ky. Ct. App. 2005).
· cites it 13× “She also requested a hearing pursuant to KRS 161.790 and KRS Chapter 13B. The matter was then assigned to a hearing officer, and a hearing was scheduled for January 23 and 24, 2003.”
Osborne v. Bullitt Cnty. Bd. of Educ., 415 S.W.2d 607 (Ky. Ct. App. 1967).
· cites it 5× “, the appellant specifically objected to going to trial under the charges for the reason that they were not sufficiently specific to inform him of the nature of his offenses and did not meet the requirements of KRS 161.790. In addition to appellant’s objection to the vagueness…”
Gallatin Cnty. Bd. of Educ. v. Mann, 971 S.W.2d 295 (Ky. Ct. App. 1998).
· cites it 18× “This is an appeal pursuant to KRS 161.790 brought by the Gallatin County Board of Education (the Board), and by James R.”
Bell v. Bd. of Educ., 557 S.W.2d 433 (Ky. Ct. App. 1977).
· cites it 7× “2d 607 (1967), and KRS 161.790. They contend the case was treated as an administrative review rather than a new proceeding as these authorities direct.”
Banks v. Fritsch, 39 S.W.3d 474 (Ky. Ct. App. 2001).
“Fritsch testified that he was aware of this problem, and gave Banks the painting assignments so that Banks might be able to complete his class work. 2 .”
— Ky. Rev. Stat. § 161.790(1) — 6 cases
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
“JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
James v. Sevre-Duszynska, 173 S.W.3d 250 (Ky. Ct. App. 2005).
“She also requested a hearing pursuant to KRS 161.790 and KRS Chapter 13B. The matter was then assigned to a hearing officer, and a hearing was scheduled for January 23 and 24, 2003.”
Gallatin Cnty. Bd. of Educ. v. Mann, 971 S.W.2d 295 (Ky. Ct. App. 1998).
“This is an appeal pursuant to KRS 161.790 brought by the Gallatin County Board of Education (the Board), and by James R.”
— Ky. Rev. Stat. § 161.790(1)(B) — 1 case
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
“JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
— Ky. Rev. Stat. § 161.790(1)(a) — 1 case
— Ky. Rev. Stat. § 161.790(1)(b) — 2 cases
— Ky. Rev. Stat. § 161.790(10) — 5 cases
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
“JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
Jefferson Cnty. Bd. of Educ. v. Edwards, 434 S.W.3d 472 (Ky. 2014).
“Specifically, Hopper argued that he was entitled to summary judgment because the Board could not meet the termination standards set forth in KRS 161.790. The trial court granted the Board’s summary judgment motion on the governmental immunity claims, but denied the Board’s…”
— Ky. Rev. Stat. § 161.790(2) — 5 cases
Bd. of Educ. of Ashland Sch. Dist. v. Chattin, 376 S.W.2d 693 (Ky. Ct. App. 1964).
“After commencement of the injunction suit the school board decided to proceed under KRS 161.790 and, by letters directed to Chattin on July 14, 1961, and July 24, 1961, listed the specific charges forming the basis for its decision to terminate his employment.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
James v. Sevre-Duszynska, 173 S.W.3d 250 (Ky. Ct. App. 2005).
“She also requested a hearing pursuant to KRS 161.790 and KRS Chapter 13B. The matter was then assigned to a hearing officer, and a hearing was scheduled for January 23 and 24, 2003.”
— Ky. Rev. Stat. § 161.790(2)(a) — 3 cases
Carter v. Craig, 574 S.W.2d 352 (Ky. Ct. App. 1978).
“KRS 161.790 does not require the Board to do so.”
— Ky. Rev. Stat. § 161.790(3) — 13 cases
Reis v. Campbell Cnty. Bd. of Educ., 938 S.W.2d 880 (Ky. 1996).
“Appellant thereafter gave notice to the Superintendent and the Chief State School Officer of his intention to answer the charge and, pursuant to KRS 161.790, requested a hearing on the matter.”
Jefferson Cnty. Bd. of Educ. v. Edwards, 434 S.W.3d 472 (Ky. 2014).
“Specifically, Hopper argued that he was entitled to summary judgment because the Board could not meet the termination standards set forth in KRS 161.790. The trial court granted the Board’s summary judgment motion on the governmental immunity claims, but denied the Board’s…”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Carter v. Craig, 574 S.W.2d 352 (Ky. Ct. App. 1978).
“KRS 161.790 does not require the Board to do so.”
— Ky. Rev. Stat. § 161.790(4) — 11 cases
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Reis v. Campbell Cnty. Bd. of Educ., 938 S.W.2d 880 (Ky. 1996).
“Appellant thereafter gave notice to the Superintendent and the Chief State School Officer of his intention to answer the charge and, pursuant to KRS 161.790, requested a hearing on the matter.”
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
“JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
Jefferson Cnty. Bd. of Educ. v. Edwards, 434 S.W.3d 472 (Ky. 2014).
“Specifically, Hopper argued that he was entitled to summary judgment because the Board could not meet the termination standards set forth in KRS 161.790. The trial court granted the Board’s summary judgment motion on the governmental immunity claims, but denied the Board’s…”
— Ky. Rev. Stat. § 161.790(5) — 7 cases
Bd. of Educ. of Ashland Sch. Dist. v. Chattin, 376 S.W.2d 693 (Ky. Ct. App. 1964).
“After commencement of the injunction suit the school board decided to proceed under KRS 161.790 and, by letters directed to Chattin on July 14, 1961, and July 24, 1961, listed the specific charges forming the basis for its decision to terminate his employment.”
Reis v. Campbell Cnty. Bd. of Educ., 938 S.W.2d 880 (Ky. 1996).
“Appellant thereafter gave notice to the Superintendent and the Chief State School Officer of his intention to answer the charge and, pursuant to KRS 161.790, requested a hearing on the matter.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Gallatin Cnty. Bd. of Educ. v. Mann, 971 S.W.2d 295 (Ky. Ct. App. 1998).
“This is an appeal pursuant to KRS 161.790 brought by the Gallatin County Board of Education (the Board), and by James R.”
— Ky. Rev. Stat. § 161.790(6) — 11 cases
Carter v. Craig, 574 S.W.2d 352 (Ky. Ct. App. 1978).
“KRS 161.790 does not require the Board to do so.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Osborne v. Bullitt Cnty. Bd. of Educ., 415 S.W.2d 607 (Ky. Ct. App. 1967).
“, the appellant specifically objected to going to trial under the charges for the reason that they were not sufficiently specific to inform him of the nature of his offenses and did not meet the requirements of KRS 161.790. In addition to appellant’s objection to the vagueness…”
— Ky. Rev. Stat. § 161.790(7) — 5 cases
Jefferson Cnty. Bd. of Educ. v. Edwards, 434 S.W.3d 472 (Ky. 2014).
“Specifically, Hopper argued that he was entitled to summary judgment because the Board could not meet the termination standards set forth in KRS 161.790. The trial court granted the Board’s summary judgment motion on the governmental immunity claims, but denied the Board’s…”
Reis v. Campbell Cnty. Bd. of Educ., 938 S.W.2d 880 (Ky. 1996).
“Appellant thereafter gave notice to the Superintendent and the Chief State School Officer of his intention to answer the charge and, pursuant to KRS 161.790, requested a hearing on the matter.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Gallatin Cnty. Bd. of Educ. v. Mann, 971 S.W.2d 295 (Ky. Ct. App. 1998).
“This is an appeal pursuant to KRS 161.790 brought by the Gallatin County Board of Education (the Board), and by James R.”
— Ky. Rev. Stat. § 161.790(8) — 6 cases
Reis v. Campbell Cnty. Bd. of Educ., 938 S.W.2d 880 (Ky. 1996).
“Appellant thereafter gave notice to the Superintendent and the Chief State School Officer of his intention to answer the charge and, pursuant to KRS 161.790, requested a hearing on the matter.”
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
“JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
Jefferson Cnty. Bd. of Educ. v. Edwards, 434 S.W.3d 472 (Ky. 2014).
“Specifically, Hopper argued that he was entitled to summary judgment because the Board could not meet the termination standards set forth in KRS 161.790. The trial court granted the Board’s summary judgment motion on the governmental immunity claims, but denied the Board’s…”
— Ky. Rev. Stat. § 161.790(9) — 9 cases
Jefferson Cnty. Bd. of Educ. v. Edwards, 434 S.W.3d 472 (Ky. 2014).
“Specifically, Hopper argued that he was entitled to summary judgment because the Board could not meet the termination standards set forth in KRS 161.790. The trial court granted the Board’s summary judgment motion on the governmental immunity claims, but denied the Board’s…”
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
“JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
James v. Sevre-Duszynska, 173 S.W.3d 250 (Ky. Ct. App. 2005).
“She also requested a hearing pursuant to KRS 161.790 and KRS Chapter 13B. The matter was then assigned to a hearing officer, and a hearing was scheduled for January 23 and 24, 2003.”
Gallatin Cnty. Bd. of Educ. v. Mann, 971 S.W.2d 295 (Ky. Ct. App. 1998).
“This is an appeal pursuant to KRS 161.790 brought by the Gallatin County Board of Education (the Board), and by James R.”
— Ky. Rev. Stat. § 161.790(l)(a) — 3 cases
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
“As a result of these findings, the tribunal concluded that the Board had met its burden of showing a violation of KRS 161.790 only as to two of the charges, namely that Cobb was guilty of “inefficiency and incompetency” for failing to properly perform the “Day 4” count and…”
James v. Sevre-Duszynska, 173 S.W.3d 250 (Ky. Ct. App. 2005).
“She also requested a hearing pursuant to KRS 161.790 and KRS Chapter 13B. The matter was then assigned to a hearing officer, and a hearing was scheduled for January 23 and 24, 2003.”
— Ky. Rev. Stat. § 161.790(l)(b) — 9 cases
Bd. of Educ. of Fayette Cnty. v. Hurley-Richards, 396 S.W.3d 879 (Ky. 2013).
“JUDICIAL REVIEW OF FINAL ORDERS OF A PUBLIC SCHOOL ADMINISTRATIVE HEARING TRIBUNAL KRS 161.790 establishes the process for the adjudication of public school teacher disciplinary matters.”
— Ky. Rev. Stat. § 161.790(l)(d) — 2 cases
Carter v. Craig, 574 S.W.2d 352 (Ky. Ct. App. 1978).
“KRS 161.790 does not require the Board to do so.”
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.