Title 701 | Chapter 005 | Regulation 090REG
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EDUCATION AND LABOR CABINET
Board of Education
Department of Education
(Amended at ARRS Committee)
701 KAR 5:090.Teacher disciplinary hearings.
Section 1.
Definitions.(1)
"Commissioner" means the commissioner of the Kentucky Department of Education.(2)
"Department" means the Kentucky Department of Education.(3)
"Hearing officer" means the attorney member of the tribunal appointed by the commissioner.(4)
"Timely request" means written notification from a teacher meeting all requirements of KRS 161.790(3), and received by the commissioner within ten (10) days following the receipt of written charges by teacher.(5)
"Tribunal" means the three (3) member panel appointed pursuant to KRS 161.790(4).(6)
"Written charges" means the written rationale provided by a school district to an employee supporting:(a)
Contract termination, suspension without pay, or public reprimand pursuant to KRS 161.790; or(b)
Involuntary leave pursuant to KRS 161.770.Section 2.Section 1.
Notification to the Commissioner of Discipline or Involuntary Leave. If aSection 3.Section 2.
Hearing Officer Qualifications. Upon receipt of a timely request, the commissioner shall appoint a hearing officer who shall hold the following qualifications(1)
Be(2)
Completed(a)
Teacher employment law; and(b)
The Professional Code of Ethics in 16 KAR 1:020; and(3)
Satisfies all training requirements in 40 KAR 5:010(3)
(4)
Section 4.Section 3.
Teacher and Administrator Tribunal Members(1)
Every(2)
Any individual seeking consideration for inclusion in the pool shall submit a completed Teacher and Administrator Tribunal Member Application in accordance with procedures established by the department(3)(2)
Teacher(a)
Hold a valid Kentucky teaching certificate issued by the Education Professional Standards Board and be in good standing; or(b)
Be retired and previously(4)(3)
Administrator(a)
Hold a valid Kentucky teaching certificate for the performance of administrative duties issued by the Education Professional Standards Board and be in good standing; or(b)
Be retired and previously(5)(4)
Teacher and administrator tribunal members shall complete(a)
The hearing process;(b)
Roles of tribunal members and the hearing officer(c)
Fact-finding and deliberation(d)
(e)
Fundamental fairness;(e)(f)
(f)(g)
The professional code of ethics (h)
(6)(5)
For attending training approved by the departmentSection 5.Section 4.
Expenses(1)
The local school district shall be responsible for paying the assigned hearing officer's costs as billed by the department, including(2)
No later than the convening of the tribunal hearing, the local school district shall advise the teacher and administrator tribunal members how to claim their per diem and travel expenses, to be paid by the school district.Section 6.Section 5.
Conduct of Hearing.(1)
Hearings(2)
The tribunal shall be presented with the written charges(3)
The hearing officer shall instruct the tribunal regarding the burden of proof, including which party bears the burden of proof.(4)
If, for any reason and after testimony has commenced, a tribunal member becomes unavailable to complete the hearing of the evidence of both parties, an appropriate substitute tribunal member shall be appointed by the commissioner(5)
A hearing may be concluded and a decision rendered by a two (2) member tribunal upon express agreement of both parties so long as one (1) of the two (2) tribunal members is a hearing officerSection 7.Section 6.
Continuances.(1)
(a)
If, after a requested hearing has been scheduled by the commissioner(b)
If the continuance request was initiated by the school district, a waiver shall not be required.(2)
A continuance requested by the teacher may be granted for good cause shown, including pending criminal charges making it inadvisable for the employee to testify at an administrative hearing or late entry of an attorney into the case on behalf of the employee.(3)
A continuance requested by the school district, and not agreed to by the employee, may be granted upon documentation of good cause making it impossible or prejudicially impractical for the district to adequately present its case at the scheduled hearing.(4)
A request for continuance made prior to theSection 8.Section 7.
Incorporation by Reference.(1)
The "Teacher and Administrator Tribunal Member Application", June 2026(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
FILED WITH LRC: September 9, 2026
CONTACT PERSON: Todd G. Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email regcomments@education.ky.gov.
EDUCATION AND LABOR CABINET
Board of Education
Department of Education
(Amended at ARRS Committee)
701 KAR 5:090.Teacher disciplinary hearings.
Section 1.
Definitions.(1)
"Commissioner" means the commissioner of the Kentucky Department of Education.(2)
"Department" means the Kentucky Department of Education.(3)
"Hearing officer" means the attorney member of the tribunal appointed by the commissioner.(4)
"Timely request" means written notification from a teacher meeting all requirements of KRS 161.790(3), and received by the commissioner within ten (10) days following the receipt of written charges by teacher.(5)
"Tribunal" means the three (3) member panel appointed pursuant to KRS 161.790(4).(6)
"Written charges" means the written rationale provided by a school district to an employee supporting:(a)
Contract termination, suspension without pay, or public reprimand pursuant to KRS 161.790; or(b)
Involuntary leave pursuant to KRS 161.770.Section 2.
Notification to the Commissioner of Discipline or Involuntary Leave. If a superintendent proposes discipline of a teacher pursuant to KRS 161.790, other than private reprimand, or a board of education places a teacher or superintendent on involuntary leave pursuant to KRS 161.770, the district shall immediately send the commissioner a copy of the written charges and documentation of the date the employee received the written charges.Section 3.
Hearing Officer Qualifications. Upon receipt of a timely request, the commissioner shall appoint a hearing officer who shall hold the following qualifications:(1)
Be an attorney licensed to practice law in the Commonwealth of Kentucky and in good standing with the state licensing authority for attorneys;(2)
Completed biennial training approved by the department on the following topics:(a)
Teacher employment law; and(b)
The Professional Code of Ethics in 16 KAR 1:020; and(3)
Satisfies all training requirements in 40 KAR 5:010.Section 4.
Teacher and Administrator Tribunal Members.(1)
Every four (4) years, the department shall establish and maintain a pool consisting of not more than twenty (20) teacher members and not more than twenty (20) administrator members who may be assigned to a tribunal. The department shall solicit applications for the purpose of identifying qualified individuals to serve as potential tribunal members.(2)
Any individual seeking consideration for inclusion in the pool shall submit a completed Teacher and Administrator Tribunal Member Application in accordance with procedures established by the department.(3)
Teacher members of the tribunal shall:(a)
Hold a valid Kentucky teaching certificate issued by the Education Professional Standards Board and be in good standing; or(b)
Be retired and previously held a valid Kentucky teaching certificate issued by the Education Professional Standards Board that was not revoked or surrendered as a result of disciplinary proceedings.(4)
Administrator members of the tribunalshall:(a)
Hold a valid Kentucky teaching certificate for the performance of administrative duties issued by the Education Professional Standards Board and be in good standing; or(b)
Be retired and previously held a valid Kentucky teaching certificate for the performance of administrative duties issued by the Education Professional Standards Board that was not revoked or surrendered as a result of disciplinary proceedings.(5)
Teacher and administrator tribunal members shall complete training approved by the department on the following topics at least once every four (4) years:(a)
The hearing process;(b)
Roles of tribunal members and the hearing officer;(c)
Fact-finding and deliberation;(d)
Fundamental fairness;(e)
KRS 161.790; and(f)
The professional code of ethics set forth in 16 KAR 1:020.(6)
For attending training approved by the department, teacher and administrator tribunal members shall receive a $100 per diem and travel reimbursement from the department.Section 5.
Expenses.(1)
The local school district shall be responsible for paying the assigned hearing officer's costs as billed by the department, including travel expenses of the hearing officerpursuant to 200 KAR 2:006.(2)
No later than the convening of the tribunal hearing, the local school district shall advise the teacher and administrator tribunal members how to claim their per diem and travel expenses, to be paid by the school district.Section 6.
Conduct of Hearing.(1)
Hearings shall be conducted in accordance with KRS Chapter 13B.(2)
The tribunal shall be presented with the written charges.(3)
The hearing officer shall instruct the tribunal regarding the burden of proof, including which party bears the burden of proof.(4)
If, for any reason and after testimony has commenced, a tribunal member becomes unavailable to complete the hearing of the evidence of both parties, an appropriate substitute tribunal member shall be appointed by the commissioner and provided by the school district with a written transcript of all prior proceedings at the hearing unless waived under subsection (5) of this section.(5)
A hearing may be concluded and a decision rendered by a two (2) member tribunal upon express agreement of both parties so long as one (1) of the two (2) tribunal members is a hearing officer.Section 7.
Continuances.(1)
(a)
If, after a requested hearing has been scheduled by the commissioner, a continuance is requested by the teacher, the teacher shall specifically and in writing waive the statutory hearing deadlines and any subsequent backpay award for the period of the requested continuance. A continuance initiated by the teacher shall not be granted without the appropriate waiver.(b)
If the continuance request was initiated by the school district, a waiver shall not be required.(2)
A continuance requested by the teacher may be granted for good cause shown, including pending criminal charges making it inadvisable for the employee to testify at an administrative hearing or late entry of an attorney into the case on behalf of the employee.(3)
A continuance requested by the school district, and not agreed to by the employee, may be granted upon documentation of good cause making it impossible or prejudicially impractical for the district to adequately present its case at the scheduled hearing.(4)
A request for continuance made prior to the tribunal hearing commencing shall be submitted in writing to the hearing officer.Section 8.
Incorporation by Reference.(1)
The "Teacher and Administrator Tribunal Member Application", June 2026, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
FILED WITH LRC: September 9, 2026
CONTACT PERSON: Todd G. Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email regcomments@education.ky.gov.