Presented by V. Wayne Young, Executive Director and General Counsel

Kentucky Association of School AdministratorsKASA Education Law and Finance Institute

March, 2015

Kentucky Case LawOnly two cases Case one - “Qualified official immunity”Case two - “Exhaustion of administrative remedies”Highly technical, but importantOne serious side effect, however:

Kentucky Case Law

Beward v. WhitakerStudent injured in school hallway just prior to beginning

of the school dayNo teachers or administrators present; regular teacher

assigned to that area was absent that day; no written procedure for substitutes

School had a student discipline code and written supervision schedule

School officials were sued, and sought dismissal of the suit based on “qualified official immunity”

Beward v. WhitakerQualified official immunity is available to school

personnel for performing “discretionary functions, in good faith, within the scope of their authority”

There is no immunity for performing a “ministerial” function – “one that requires only obedience . . . [or] is absolute, certain, and imperative”

Kentucky Court of Appeals ruled that enforcement of the supervision schedule was ministerial, and thus the school officials were not immune from suit

Jefferson County BOE v. HopperTeacher was hired on limited contract subject to receipt

of a criminal records checkCheck revealed convictions in PennsylvaniaTeacher was terminated; filed suit claiming breach of

employment contract, and other claimsBoard sought dismissal for failure to exhaust

administrative remedies; that is, failure to seek a tribunal under KRS 161.790

Trial court and Court of Appeals ruled that seeking relief under KRS 161.790 was not required

Jefferson County BOE v. HopperKentucky Supreme Court reversed: a decision to “forego

the institution of administrative proceedings does not entitle the teacher to instead challenge his disciplinary claims in court.”

The legislature created KRS 161.790 to provide “an effective and neutral means by which to resolve disputes arising from teacher discipline.”

The jurisdiction of the court arises only “after the administrative process is complete.”

Kentucky General AssemblyHouse Bill 4 – passed the House as an authorization of

$3.3B in bonds; amended in the Senate to be a legislative study of KTRS; House refused to agree; currently before a conference committee

House Bill 8 – creates “interpersonal protective orders” for incidents of dating violence; includes minors, and requires judges to impose conditions “that have the least disruption in the administration of education to the parties while providing appropriate protection to the petitioner”, if parties are enrolled in the same school district; amended, currently awaiting Senate action

Kentucky General AssemblyHouse Bill 163 – provides that local school districts do

not have to pay health insurance costs for retirees who are employed less than 80 days per year; awaiting Senate action

House Bill 236 – permits local school boards to add a student to the superintendent screening committee; amendments filed in Senate to include the contents of Senate Bill 71, relating to student religious expression, and senate Bill 76, relating to use of school facilities be transgendered students; awaiting action on Senate floor

Kentucky General AssemblyHouse Bill 449, House Bill 498 and Senate Bill 132 (try to

keep up!):

HB 449 originally provided that PLA schools that remain in PLA status for 4 years must develop an internal intervention option; HB 498 provides for “targeted focus schools” to be audited and develop an “internal innovation plan”; SB 132 originally provided that superintendents could select the principal in a focus school or a school in “precipitate decline”

Kentucky General AssemblyStatus:

HB 449 passed the House but was amended in the Senate to become SB 132; the House has refused to agree and appointed a conference committee; the Senate has not yet acted

SB 132 passed the Senate but was amended in the House to become HB 498; bill is awaiting House action

HB 498 is intact and awaiting House actionHopelessly confused? Congratulations! You are now

qualified to serve in the legislature!

Kentucky General AssemblySenate Bill 119 – requires most school employees to

receive training every two years in identifying child abuse; contains snow day relief as follows:

Schools must complete 1062 hours of instruction by June 5, or receive a waiver from the commissioner

School districts without polling places may go to school on primary election day

Graduation can occur before the end of the school yearThe instructional day may be extended up to 7 hours in

length