title-780•Title 780 KAR — Education and Workforce Development Cabinet - Department for Technical Education
Title 780 KAR — Education and Workforce Development Cabinet - Department for Technical Education
title-780780 KARRegulation
Chapter 2 Management of the Kentucky TECH System
780 KAR 2:030 Steering and advisory committees for area technology centers primarily serving secondary students {#sec-780-kar-2-030 omnilex-key=us-ky-regs-official--title-780--780 KAR 2:030}
Section 1. Each Kentucky area technology center serving secondary students shall have a steering committee. The steering committee shall:
(1) Provide organized and regular contact with and participation by representatives from each local school district; and
(2) Be composed of persons from the following categories:
(a) The principal of the technology center, who shall serve as chairman;
(b) The superintendent or designee of each cooperating school district;
(c) A board member from each cooperating school district;
(d) One (1) principal from each cooperating school district;
(e) One (1) representative from each site-based council;
(f) One (1) or more representatives of the local labor market area; and
(g) A guidance counselor from each cooperating school district.
Section 2. The steering committee shall consult, counsel, and advise the principal of the area technology center and the executive director of the Office of Career and Technical Education on matters pertaining to the operation of the school, including:
(1) Annual and long-range program planning;
(2) Operation and management procedures;
(3) Programs to be offered;
(4) Curriculum development;
(5) In-service training of personnel;
(6) Enrollment quotas for secondary school students from the different participating local school districts;
(7) Discipline of students;
(8) Class and school schedules;
(9) Transportation of students;
(10) Equipping and maintaining the facilities;
(11) Program evaluation;
(12) Student counseling and guidance; and
(13) Records and reports.
Section 3. The steering committee shall have a minimum of one (1) regularly scheduled meeting per semester and called meetings as needed.
Section 4. The program advisory committee shall:
(1) Be organized at the program level. The membership of the committee shall:
(a) Be representative of the businesses and industries for which the program provides education and training; and
(b) Represent the various levels of management and labor of the business or industry;
(2) Have at least two (2) meetings per year; and
(3) Counsel, advise, and consult with the program staff on:
(a) Implementation of curriculum;
(b) Safety;
(c) Equipment needs;
(d) Projects for student learning;
(e) Advocacy of the program in the community;
(f) Recruitment of students;
(g) Work-based learning; and
(h) Job placement of students.
History
- RELATES TO: KRS 151B.025(3), (5)
- STATUTORY AUTHORITY: KRS 151B.025(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.025(3) gives the Office of Career and Technical Education all responsibilities for programs, staff, and operations at state-operated secondary area vocational education and technology centers. KRS 151B.025(5) requires that the centers be operated in compliance with program standards established by the Kentucky Board of Education. The Kentucky Board of Education has established those program standards in 705 KAR 3:141. This administrative regulation establishes standards for operations for area technology centers primarily serving secondary students through the use of steering and advisory committees.
- History: 780 KAR 002:030. 17 Ky.R. 716; eff. 10-14-1990; 22 Ky.R. 355; 723; eff. 10-5-1995; 26 Ky.R. 2318; 27 Ky.R. 960; eff. 10-16-2000; 35 Ky.R. 1853; 2222; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.
780 KAR 2:040 Live work projects {#sec-780-kar-2-040 omnilex-key=us-ky-regs-official--title-780--780 KAR 2:040}
Section 1. Definitions.
(1) "Kentucky TECH" means the system of state-operated secondary technical education programs.
(2) "Live work" means a project, which meets a curriculum requirement, completed for an individual or organization.
Section 2. A Kentucky TECH school may accept live work projects if the administrative and instructional staffs deem them appropriate for training purposes.
Section 3. A Kentucky TECH school that accepts live work shall adhere to the requirements established in this section.
(1) All services performed shall be documented on a completed Work Order - Agreement form.
(2) The school administrator shall be responsible for all unused Work Order - Agreement forms and assigning and recording all services performed in a work order log.
(3) An individual or organization requesting live work shall be provided a copy of the school's policy for accepting and performing live work. A person committing live work shall sign the Work Order - Agreement form indicating that he or she understands the policies and agrees with them.
(4) A live Work Order - Agreement form shall be approved and initialed by the school administrator and by the instructor of the class. Live work shall not be approved for an instructor in his or her program for his or her own personal use.
(5) If a live work project requires more than one (1) hour labor, the individual or organization requesting the live work shall pay the fee established in 780 KAR 2:140, Section 8.
(6)
(a) Except as provided in paragraph (b) of this subsection, a person or organizations for whom live work is accepted shall purchase the necessary materials for the job to be completed.
(b) With the permission of the person or organization, the school may purchase the materials and recover the costs of the materials plus twenty (20) percent for handling..
(7) A payment shall not be handled by an instructor. Live work orders shall not be released until payment for parts, supplies, and other cost items has been made and documented by authorized personnel in the school.
(8) Projects of a family member or other individual shall not be accepted in the name of a student or the instructor.
(9) A school employee shall not:
(a) Guarantee or be liable for live work; or
(b) Be responsible for the theft or loss of an article left in a school.
Section 4. A Kentucky TECH school shall not be obligated to accept live work projects. A Kentucky TECH school shall not perform live work of a production nature and in competition with business or industry or for the purpose of making a profit.
Section 5. Incorporation by Reference.
(1) "Work Order - Agreement form", August 2019, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 to 4:30 p.m.
History
- RELATES TO: KRS 156.802(3)
- STATUTORY AUTHORITY: KRS 156.802(3), 156.852
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.802(3) authorizes the Kentucky Department of Education to have responsibility for all administrative functions of the state in relation to the management, control, and operation of state-operated secondary area vocational education and technology centers. This administrative regulation establishes the procedures for accepting live work projects in a Kentucky TECH facility.
- History: 17 Ky.R. 717; eff. 10-14-1990; 22 Ky.R. 357; 724; eff. 10-5-1995; 26 Ky.R. 2319; 27 Ky.R. 961; eff. 10-16-2000; 35 Ky.R. 1854; 2223; eff. 5-1-2009; Crt eff. 7-1-2019; 46 Ky.R. 1630, 2279; eff. 5-5-2020.
780 KAR 2:060 Discipline of students {#sec-780-kar-2-060 omnilex-key=us-ky-regs-official--title-780--780 KAR 2:060}
Section 1. Definition. "Kentucky TECH" means the system of state-operated secondary career and technical education programs in the area technology centers.
Section 2. Teachers and administrators employed in or assigned to work in a Kentucky TECH school shall be responsible for the supervision and discipline of students during the time the students are in attendance at a Kentucky TECH facility.
Section 3. All students shall comply with the policies of the Kentucky TECH school in which they are enrolled. The following actions, subject to due process requirements set forth in KAR Title 707, shall constitute cause for disciplinary suspension or expulsion:
(1) Willful disobedience or defiance of the authority of a teacher or administrator;
(2) Assault, battery, or abuse of another student or school personnel;
(3) Threat of force or violence;
(4) Use or possession of illicit drugs or alcohol;
(5) Stealing, destroying, or defacing school or personal property;
(6) Possessing or using a dangerous weapon or instrument; or
(7) Other incorrigible conduct on school property or at school-sponsored activities.
Section 4.
(1) Except as provided in subsection (2) of this section, any secondary student subject to disciplinary action shall be referred by the school administrator of a Kentucky TECH school to the principal of the sending school in which the student is enrolled, where pursuant to KRS 158.444, the incident must be recorded within the student information system.
(2) The Kentucky TECH school administrator or his or her designee shall have the authority to immediately suspend secondary students from the Kentucky TECH center without action by the sending school, to:
(a) Protect persons or property; or
(b) Avoid disruption of the ongoing academic programs.
(3) The Kentucky TECH school administrator shall submit in writing to the principal of the sending high school the reason for disciplinary action and recommend any further action.
(4) The principal of the sending high school shall respond to the Kentucky TECH school administrator as to the action to be taken.
(5) The due process procedures outlined in KRS 158.150(5) shall follow the suspension as soon as practicable, but no later than three (3) school days after the suspension.
Section 5. A secondary student who is suspended from a participating local high school or expelled from a participating local school district shall be suspended or expelled from the Kentucky TECH school in which the student is enrolled.
History
- RELATES TO: KRS 156.802(3), 158.150, 158.444
- STATUTORY AUTHORITY: KRS 156.802(3), 156.852
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.802(3) authorizes the Kentucky Department of Education to have responsibility for all administrative functions of the state in relation to the management, control, and operation of state-operated secondary area technology centers. KRS 156.852 authorizes the Kentucky Board of Education to promulgate administrative regulations to implement career and technical education in Kentucky. KRS 158.150 establishes the grounds and procedures for discipline from the state's common schools. This administrative regulation establishes the procedure for the suspension and expulsion of students from Kentucky TECH schools for disciplinary reasons following the grounds and procedures established in KRS 158.150 for the common schools.
- History: 17 Ky.R. 719; eff. 10-14-1990; 20 Ky.R. 1694; eff. 2-2-1994; 22 Ky.R. 358; 725; eff. 10-5-1995; 26 Ky.R. 2320; 27 Ky.R. 962; eff. 10-16-2000; 35 Ky.R. 1894; 2223; eff. 5-1-2009; Crt eff. 7-1-2019; 46 Ky.R. 1632, 2481, 2640; eff. 6-30-2020.
780 KAR 2:110 Student medical and accident insurance {#sec-780-kar-2-110 omnilex-key=us-ky-regs-official--title-780--780 KAR 2:110}
Section 1. Definition. "Kentucky TECH" means the system of state-operated secondary career and technical education programs in the area technology centers.
Section 2. Students enrolled in a Kentucky TECH school, except for students enrolled in continuing education or customized business and industry classes, shall have medical and accident insurance coverage during the period of enrollment.
Section 3. The policy entered into between the executive director and a surety, insurance company, or one (1) of their agents shall:
(1) Be a full excess policy; and
(2) Pay the covered expenses incurred which are in excess of those paid or payable by another plan.
Section 4. The medical and accident coverage shall consist of a single contract applied to the plan of coverage contained in the contract between the Commonwealth and the carrier.
Section 5. Following an authorized signature by an official of the insuring company, the insurance policy shall:
(1) Be attached to the contract; and
(2) Become a part of the medical and accident insurance contract.
Section 6. Coverage shall:
(1) Take effect on the date requested; and
(2) Remain in effect through the expiration date shown on the application.
Section 7.
(1) The Office of Career and Technical Education shall authorize payment of the premium to:
(a) A surety;
(b) An insurance company; or
(c) An agent thereof.
(2) The premium shall be based on the average number of students that were enrolled:
(a) During the previous quarter; and
(b) In Kentucky TECH schools.
Section 8. This administrative regulation shall not be construed as a waiver of the sovereign immunity of the Commonwealth.
History
- RELATES TO: KRS 151B.025(3), 151B.175
- STATUTORY AUTHORITY: KRS 151B.025(3), 151B.175(2)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.175(1) authorizes the Executive Director for the Office of Career and Technical Education to provide medical and accident insurance for students enrolled in the state secondary area technology centers and area vocational education centers. KRS 151B.175(2) requires the Executive Director of the Office of Career and Technical Education to promulgate administrative regulations to implement the insurance program. This administrative regulation establishes the requirements of the student medical and accident insurance program.
- History: 17 Ky.R. 714; eff. 10-14-1990; 22 Ky.R. 353; 722; eff. 10-5-1995; 26 Ky.R. 2317; 27 Ky.R. 960; eff. 10-16-2000; 35 Ky.R. 1895; 2224; eff. 5-1-2009; Crt eff. 11-16-2018.
780 KAR 2:140 Tuition and fees {#sec-780-kar-2-140 omnilex-key=us-ky-regs-official--title-780--780 KAR 2:140}
Section 1. Definition. "Kentucky TECH" means the system of state-operated secondary career and technical education programs in the area technology centers.
Section 2. A nonrefundable application fee of twenty (20) dollars for full-time and part-time students shall be paid prior to enrollment in a diploma or certificate program.
Section 3. The area technology center may establish an activity or lab fee not to exceed twenty (20) dollars per term for each student.
Section 4. The refund policy established in this section shall apply to the tuition charges for career and technology programs and classes in Kentucky TECH schools.
(1) A student in a certificate or diploma program who officially withdraws from the program shall:
(a) Receive a full tuition and activity fee refund if the official withdrawal is completed within the first ten (10) instructional days of the program:
(b) Receive a fifty (50) percent tuition refund if the official withdrawal is completed between the eleventh (11th) and fifteenth (15th) instructional day; or
(c) Not receive a refund if the official withdrawal is completed after fifteenth (15th) instructional day.
(2) A refund shall not be given to a student for a reduced course load.
Section 5.
(1) Continuing education classes for adults shall be designed to meet the needs of the labor market and for persons preparing or supplementing knowledge and skills for employment or job advancement.
(2) The cost for all continuing education offered in the regular curriculum shall be at the state-approved tuition rates.
(3) Specialized continuing education classes for adults may be offered on a cost recovery basis.
Section 6. A student enrolled in a continuing education course shall be granted a full tuition refund if:
(1) Official withdrawal is completed prior to the third (3rd) class session; and
(2) The amount of the tuition is more than fifteen (15) dollars
Section 7.
(1) Costs for classes to meet industry training needs in a school or region may be negotiated by the school or region on a shared-cost basis documented by a written agreement on file in the school where the contract is negotiated.
(2) Any agreement with public or private organizations shall seek to recover the instructional cost and may be for class size projects, extra services, and ancillary services as requested by the client.
(3) Training programs contracted at the state level to meet statewide training needs for industry shall establish a fee under written agreement.
Section 8. A fifteen (15) dollar fee shall be charged for each live work project requiring more than one (1) hour labor and accepted by the school in accordance with 780 KAR 2:040.
History
- RELATES TO: KRS 151B.025(3), 151B.165
- STATUTORY AUTHORITY: KRS 151B.025(3), 151B.165, 151B.175(2)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.165 authorizes the Executive Director of the Office of Career and Technical Education to set tuition and fees for students in state-operated area vocational education and technology centers. KRS 151B.175(2) authorizes the Executive Director to establish the rate of fees for all secondary students, notwithstanding the provisions of KRS 151B.165, as necessary to meet expenses for student medical and accident insurance. This administrative regulation establishes the tuition and fees for Kentucky TECH schools.
- History: 17 Ky.R. 728; eff. 10-14-1990; 22 Ky.R. 367; 730; 10-5-1995; 26 Ky.R. 2322; 27 Ky.R. 963; eff. 10-16-2000; 35 Ky.R. 1897; 2224; eff. 5-1-2009; Crt eff. 4-9-2026.
Chapter 3 Personnel System for Certified and Equivalent Employees
780 KAR 3:010 Classification plan {#sec-780-kar-3-010 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:010}
Section 1. Interpretation of Class Specifications.
(1) Class specifications shall be descriptive, explanatory, and designed to indicate the kinds of positions that shall be allocated to the various job classifications as determined by their characteristics, duties, and responsibilities.
(2) Characteristics of a class shall be general statements indicating the level of responsibility and discretion of positions in that job classification.
(3) Examples of duties or responsibilities shall not be construed as describing what the duties or responsibilities of any position shall be and shall not limit the executive director's ability to take, add to, or otherwise alter the duties and responsibilities of a position. The use of an individual expression or illustration as to duties or responsibilities shall not be regarded as excluding assignments of others not mentioned which are of similar kind or quality.
(4) Minimum requirements shall be comprehensive statements of the minimum background as to education, experience, and other qualifications which shall be required in all cases as evidence of an appointee's ability to perform the work properly.
Section 2. Official Copy of Class Specifications.
(1) The Office of Career and Technical Education shall maintain a master set for all approved class specifications. The specifications shall constitute the official class specifications for the classification plan. The copies of the specification for each job classification shall indicate the date of adoption or the last revision of the specification.
(2) The Office of Career and Technical Education shall provide class specifications for inspection to any employee or the public under reasonable conditions during regular business hours.
Section 3. Title of Position.
(1) The title of the job classification to which a position has been allocated shall be used to designate that position in all payroll and other official records, documents, vouchers, and communications in connection with all personnel processes.
(2) An office title, abbreviation or code symbol may be used in lieu of the class title for purposes of internal administration or for any other purpose that does not involve personnel processes.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(1) requires the executive director to promulgate administrative regulations to govern the classification plan for certified and equivalent staff in the Office of Career and Technical Education. This administrative regulation establishes the classification plan for certified and equivalent staff in the Office of Career and Technical Education.
- History: 780 KAR 003:010. 17 Ky.R. 730; eff. 10-14-1990; 35 Ky.R. 1898; 2225; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.
780 KAR 3:020 Compensation plan {#sec-780-kar-3-020 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:020}
Section 1.
(1) Appointments. A new certified or equivalent employee or reentering certified or equivalent employee shall be appointed at the salary specified on the Minimum Salary Schedule for Certified and Equivalent Staff commensurate with education rank and experience. An employee in an administrative position may be provided an index adjustment commensurate with the scope of administrative or supervisory responsibility in addition to the base salary as specified for the particular job classification.
(2) A retired certified or equivalent employee returning to work in a position covered by the Kentucky Teachers' Retirement System shall not be placed on the salary schedule referenced in this section but shall be paid pursuant to the requirements of KRS 161.605(1) and (2).
Section 2. Salary Adjustments.
(1) Promotion.
(a) A certified or equivalent employee who is promoted to a classified position shall receive a salary increase of five (5) percent unless his current salary is above the minimum on the salary schedule. If the employee's salary is above the minimum, the five (5) percent increase shall be at the discretion of the appointing authority.
(b)
-
A certified or equivalent employee promoted to an unclassified position in a Kentucky Tech area technology center or the Office of Career and Technical Education central office shall receive a salary increase of five (5) percent upon promotion unless his current salary is above the minimum. If the employee's salary is above the minimum, the salary increase shall be at the discretion of the appointing authority.
-
If the promotion is to a position which constitutes an unusual increase in the level of responsibility, the Associate Commissioner may grant upon promotion a ten (10) percent to twenty (20) percent salary increase over the employee's previous salary.
(2) Demotion.A certified or equivalent employee who is demoted shall have his salary adjusted to not more than sixty (60) percent below the proper cell within the salary schedule. This salary shall not exceed ninety-five (95) percent of the salary which the employee was receiving prior to the demotion.
(3) Rank changes. A certified or equivalent employee shall have a salary adjustment retroactive to July 1 for educational rank changes which are confirmed by September 30 of each year.
(4) Other salary adjustments.A full-time permanent employee working as a dual appointment in the certified or equivalent employment may be paid equal to the hourly rate of his full-time position salary, up to one and five-tenths (1.5) times that hourly rate.
Section 3. Salary Advancements.
(1) The Minimum Salary Schedule for Certified and Equivalent Staff shall be approved by the Kentucky Board of Education annually. All certified and equivalent staff shall receive a salary increase not less than the percentage increase provided other elementary and secondary teachers. This increase shall be provided July 1. Salary adjustments for those entitled employees shall be retroactive to July 1 of each year once the salary schedule is confirmed by September 30 of each year.
(2) All certified and equivalent staff shall be entitled to equivalent pay raises provided to other state employees.
History
- RELATES TO: KRS 156.802(3), 156.808 , 161.605
- STATUTORY AUTHORITY: KRS 156.802(3), 156.808
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(3)(c) requires the Kentucky Board of Education to promulgate comprehensive administrative regulations to govern the compensation plan for all certified and equivalent staff. KRS 156.808(6)(e) requires the Kentucky Board of Education to promulgate administrative regulations to govern proceedings which shall provide for supplementary information for the salary schedule for certified and equivalent staff. This administrative regulation establishes the compensation plan for certified and equivalent employees subject to the personnel system established under KRS 156.800 to KRS 156.860 of the Kentucky Tech area technology centers and Office of Career and Technical Education central office.
- History: 17 Ky.R. 731; eff. 10-14-1990; 18 Ky.R. 3527; eff. 8-1-1992; 32 Ky.R. 966; 1618; eff. 3-31-2006; 35 Ky.R. 1900; 2226; eff. 5-1-2009; Crt eff. 11-16-2018; 48 Ky.R. 2515; eff. 8-30-2022.
780 KAR 3:030 Appointments {#sec-780-kar-3-030 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:030}
Section 1. Notice of Classes, Minimum Qualifications, and Vacancies.
(1) An official list of classes, minimum qualifications, and vacancies developed by the Department of Educationshall be posted to the official Personnel Cabinet Web site.
(2)
(a) All vacancies shall be posted online for a minimum of five (5) days.
(b) The vacancy posting shall contain the title, minimum qualifications, and other pertinent information about the vacancy.
Section 2. Establishment and Abolishment of Positions. The appointing authority shall establish and abolish positions, transfer certified and equivalent employees between positions, and change titles and compensation of existing offices of certified and equivalent employees consistent with the provisions of KRS 156.808.
Section 3. Applications.
(1) Each application shall be submitted on an Application for Employment from the official Personnel Cabinet Web site.
(2) The application shall be signed and the truth of the statements therein certified by a signature under penalty of removal for falsification and any criminal penalties that apply.
(3) The appointing authority shall authorize individuals to verify work experience and educational attainment of an applicant for a position in the certified and equivalent personnel system.
(4) The application shall be consistent with the state and federal equal employment opportunity requirements.
Section 4. Minimum Qualifications for Filing. A position shall be filled by an applicant who meets the standards or requirements prescribed by the appointing authority with regard to education and experience and any other factors as may be held to relate to the ability of the candidate to perform with reasonable efficiency the duties of the position.
Section 5. Selection of Employees. The Department of Education shall only consider those qualified applicants who have applied to the posted position in consideration for employment.
Section 6.
(1) Except as provided in subsection (4) of this section, the appointing authority shall fill a position through the consideration of a list of recommendations submitted by a designated interview committee composed of no less than three (3) or more than seven (7) members, or from supervisory recommendations.
(2) The procedure for determining the composition of the designated interview committee shall be determined by the appointing authority.
(3) The committee shall make recommendations to the designated Office of Career and Technical Education official as determined by the appointing authority.
(4) If deemed in the best interest of the Commonwealth, the appointing authority shall not utilize an interview committee.
History
- RELATES TO: KRS 156.808
- STATUTORY AUTHORITY: 156.808
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(3)(e) and (f) require the Kentucky Board of Education to promulgate comprehensive administrative regulations for the selection of employees and type of appointments for certified and equivalent personnel employed by the Department of Education, Office of Career and Technical Education. This administrative regulation establishes the requirements governing selection and appointments of certified and equivalent personnel.
- History: 17 Ky.R. 741; eff. 10-14-1990; Am. 30 Ky.R. 701; 1243; eff. 12-1-2003; 35 Ky.R. 1864; 2234; eff. 5-1-2009; 44 Ky.R. 677, 933; eff. 12-1-2017; 50 Ky.R. 2302; 51 Ky.R. 276; eff. 8-20-2024.
780 KAR 3:035 Employee evaluations {#sec-780-kar-3-035 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:035}
Section 1. General Provisions.
(1) Evaluations of certified and equivalent employees shall be conducted in accordance with the "Kentucky Tech Certified Evaluation Plan", revised annually, by the associate commissioner of the Office of Career and Technical Education.
(2) Evaluations of certified and equivalent employees of the Office of Career and Technical Education shall be conducted in accordance with KRS 156.828 and the requirements of the Kentucky framework for personnel evaluations as set forth in 704 KAR 3:370..
History
- RELATES TO: KRS 156.808(3)(j), 156.828
- STATUTORY AUTHORITY: KRS 156.070, 156.808(3)(j), 156.828(1)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(3)(j) requires the Kentucky Board of Education to promulgate administrative regulations, personnel policies and procedures for all certified and equivalent staff in the Office of Career and Technical Education, governing employee evaluations. KRS 156.828(1) requires the commissioner of education to adopt written evaluation procedures for all certified and equivalent employees. This administrative regulation establishes the requirements for employee evaluations for certified and equivalent employees working in the Office of Career and Technical Education.
- History: 27 Ky.R. 259; 769; eff. 9-11-2000; 35 Ky.R. 1903; 2227; eff. 5-1-2009; Cert eff. 11-16-2018; TAm eff. 11-10-2022; 50 Ky.R. 2304; 51 Ky.R. 277; eff. 8-20-2024.
780 KAR 3:040 Special appointments {#sec-780-kar-3-040 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:040}
Section 1. Filling of Vacancies. All vacancies in the certified and equivalent personnel system which are not filled by promotion, transfer, demotion, or probationary appointment shall be filled by reemployment, reinstatement, seasonal appointment, temporary appointment, or emergency appointment.
Section 2. Seasonal, Temporary, and Emergency. Seasonal, temporary, and emergency appointments may be made by the appointing authority or his designee without regard for the minimum requirements of the position.
Section 3. Detail to Special Duty.
(1) If the services of a limited or continuing status employee are needed in a position other than the position to which regularly assigned, the employee may be detailed to that position for a period not to exceed one (1) year with prior approval of the appointing authority or his designee.
(2) For detail to special duty, the appointing authority or his designee may waive the minimum requirements.
Section 4. Dual Appointments. The appointing authority or his designee may authorize appointments of employees serving in two (2) positions.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the executive director to promulgate comprehensive administrative regulations consistent with KRS 151B.035, which govern the various types of appointments, such as probationary, emergency, seasonal, and temporary. This administrative regulation establishes the requirements relating to special appointments in the Office of Career and Technical Education.
- History: 780 KAR 003:040. 17 Ky.R. 733; eff. 10-14-1990; 19 Ky.R. 2496; 20 Ky.R. 79; eff. 7-1-1993; 35 Ky.R. 1905; 2228; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.
780 KAR 3:050 Employment lists {#sec-780-kar-3-050 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:050}
Section 1. Notification of Vacancies. The Administrative Business Office shall notify the executive director or the Director of Human Resources as far in advance as possible of vacancies in full-time or part-time certified and equivalent positions.
Section 2. Use of Employment Lists.
(1) The Director of Human Resources shall maintain lists of all qualified applicants for open positions.
(2) These lists shall be used as an available pool of qualified applicants to fill positions.
(3) The Division of Human Resources shall maintain lists of all qualified applicants for central office vacancies for the Office of Career and Technical Education.
(4) Employment lists shall include all current active employees who wish to be considered for other positions.
Section 3. Update of Lists. The employment lists shall be updated to include walk-in applicants or respondents to advertisement or vacancy notices for specific positions.
Section 4. Reemployment Lists. The Division of Human Resources shall maintain lists of all former employees who qualify for reemployment. These employees shall be considered if an appropriate vacancy occurs.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the executive director to promulgate comprehensive administrative regulations which govern personnel rules for certified and equivalent employees in the Office of Career and Technical Education. KRS 151B.035 requires any recommendation for employment be based on guidelines promulgated by the executive director. This administrative regulation establishes the requirements relating to employment lists for the Office of Career and Technical Education.
- History: 17 Ky.R. 734; eff. 10-14-1990; 35 Ky.R. 1906; 2228; eff. 5-1-2009; Crt eff. 6-28-2019; Crt eff. 4-9-2026.
780 KAR 3:060 Probationary periods {#sec-780-kar-3-060 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:060}
Section 1. Initial Probationary Period.
(1) All certified and equivalent staff shall serve the initial probationary period required in KRS 151B.070(1). The initial probationary period shall be computed from the effective date of the appointment to the corresponding date in the twelfth month.
(2) An employee who satisfactorily completes the initial probationary period in a given classification shall be eligible for reemployment on limited status.
(3) An employee who does not satisfactorily complete the initial probationary period shall not be eligible for reemployment in that job classification in the Office of Career and Technical Education.
Section 2.
(1) Promotional Probationary Period. The promotional probationary period and reversion rights established in KRS 151B.070 shall govern a continuing status employee promoted to the unclassified system or a certified or equivalent position.
(2) Any employee failing to complete the promotional probationary period shall be notified in writing at least ten (10) working days prior to the effective date of the reversion. The notification shall advise the employee of the effective date of the reversion.
(3) The promotional probationary period shall be computed from the effective date of promotion to the corresponding date in the 12th month following promotion.
(4) A teacher serving a probationary period concurrent with an internship for teacher certification may have the initial probationary period extended one (1) more year if the internship committee so recommends and the executive director desires to extend the options.
History
- RELATES TO: KRS 151B.035, 151B.070
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(3)(p) requires the Executive Director of the Office of Career and Technical Education to promulgate administrative regulations for the certified and equivalent staff governing probationary periods. This administrative regulation establishes the requirements relating to probationary periods for certified and equivalent staff in the Office of Career and Technical Education.
- History: 780 KAR 003:060. 17 Ky.R. 735; eff. 10-14-1990; 35 Ky.R. 1855; 2229; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.
780 KAR 3:065 Certified and equivalent service administrative regulations {#sec-780-kar-3-065 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:065}
Section 1. Workplace Violence Policy.
(1) Workplace violence shall be prohibited and include:
(a) The attempted, threatened or actual conduct of a person who endangers or is likely to endanger the health and safety of state employees or the general public; or
(b) A threatening statement, harassment or behavior that gives a state employee or member of the general public reasonable cause to believe that his health or safety is at risk.
(2) Examples of prohibited workplace violence shall include:
(a) Threats of harm;
(b) Brandishing or displaying a weapon or an object that resembles a weapon in a manner which would present a safety risk to a state employee or a member of the general public or threatens or intimidates them;
(c) Intimidating, threatening, or directing abusive language toward another person, either verbally, in writing or by gesture;
(d) Stalking as defined by KRS 508.130;
(e) Striking, slapping or otherwise physically attacking another person; or
(f) Disobeying or failing to follow the reasonable directive of a supervisor to take action or cease actions which create a risk to the health or safety of a state employee or a member of the general public, or threatens or intimidates a state employee or a member of the general public.
(3) Violation of this section shall constitute grounds for disciplinary action and referral for criminal prosecution.
Section 2. Kentucky Employee Assistance Program (KEAP). A certified or equivalent employee covered by KRS Chapter 151B may participate in the Kentucky Employee Assistance Program as established in 101 KAR 2:160.
Section 3. Issuance of Paychecks to State Employees.
(1) Except as provided in subsection (2) or (3) of this section a paycheck shall be issued to a state employee on the 15th and 30th day of each month.
(2) If the regularly scheduled pay date falls on a weekend, a paycheck shall be issued on the preceding Friday.
(3) If the regularly scheduled pay date falls on a state designated holiday, a paycheck shall be issued on the workday preceding the holiday.
Section 4. Workers' Compensation Fund and Program. Certified and equivalent employees shall be covered under the Self-insured Workers' Compensation Fund and Program established by KRS 18A.375 and 101 KAR 2:140.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(3)(k) requires the Executive Director of the Office of Career and Technical Education to promulgate administrative regulations governing programs to improve the work effectiveness of employees. KRS 151B.035(6)(h) requires the executive director to promulgate administrative regulations necessary to enforce KRS Chapter 151B. This administrative regulation establishes requirements relating to requirements for certified and equivalent staff in the Office of Career and Technical Education.
- History: 26 Ky.R. 2150; 27 Ky.R. 101; eff. 7-17-2000; 35 Ky.R. 1857; 2229; eff. 5-1-2009; Crt eff. 11-16-2018.
780 KAR 3:072 Attendance, compensatory time, and leave for certified and equivalent service {#sec-780-kar-3-072 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:072}
Section 1. Attendance.
(1) A full-time employee shall be required to work thirty-seven and one-half (37.5) hours per week for any positions unless otherwise specified by the appointing authority.
(2) A full-time employee shall fulfill a daily work obligation of seven and one-half (7.5) hours. Exceptions to the schedule may be granted on a temporary basis with the supervisor's authorization or on a permanent basis with the approval of the appointing authority.
(3) The normal work day for a school-based employee shall coincide with the appropriate school schedule as recommended by the principal and approved by the associate commissioner for career and technical education.
(4) The associate commissioner for career and technical education may require an employee to work hours and work days other than the normal schedule including an inclement weather schedule if it is in the best interest of the agency.
(5) An employee who works within a division which requires more than one (1) shift per day, or seven (7) days a week operation, may be reassigned from one (1) shift to another and from one (1) post to another or alternate days to meet staffing requirements, or to maintain or provide essential services of the agency, or to meet scheduling needs of students. An employee shall be given as much advance notice as possible when schedules are changed.
(6) The employee shall give timely notice to the employees' immediate supervisor in advance of absence from a work station with the exception of emergencies.
Section 2. Compensatory Leave.
(1) Accrual of compensatory leave.
(a) An appointing authority shall comply with the overtime and compensatory leave provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter 8.
(b) An employee, except teachers and principals, who is directed to, or who requests and is authorized to, work in excess of the prescribed hours of duty shall be granted compensatory leave subject to the provisions of the Fair Labor Standards Act, the Kentucky Revised Statutes and this administrative regulation.
(c) An employee, except teachers and principals, deemed to be "exempt" under the provisions of the FLSA shall accumulate compensatory time on an hour-for-hour basis for hours actually worked in excess of the regular work schedule. Teachers and principals shall not accumulate compensatory time.
(d) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain the compensatory leave in the receiving agency. The compensatory leave balance shall be frozen until the employee leaves the teaching or principal position.
(2) Reductions in compensatory leave balances.
(a) An appointing authority may require an employee who has a balance of at least 100 hours compensatory leave to use compensatory leave before annual leave, unless the employee's annual leave balance exceeds the maximum number of hours that may be carried forward under Section 3(2)(f) of this administrative regulation, and shall otherwise allow the use of compensatory leave if it shall not unduly disrupt the operations of the agency.
(b) If an employee's prescribed hours of duty are normally less than forty (40) hours per week, the employee shall receive compensatory leave for the number of hours worked that:
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Exceed the number of normally prescribed hours of duty; and
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Do not exceed the maximum amount of 200 compensatory hours.
(c) Upon separation from state service, an employee shall be paid for all unused compensatory leave at the greater of the:
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Regular hourly rate of pay; or
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Average regular rate of pay for the final three (3) years of employment.
Section 3. Annual and Personal Leave.
(1) Accrual of annual leave.
(a) Each full-time employee, except teachers and principals, shall accumulate annual leave at the following rate:
(b) A full-time employee shall have worked, or been on paid leave, other than educational leave with pay, for 100 or more regular hours per month to accrue annual leave.
(c) Annual leave shall be accumulated only in the months in which the employee is hired to work.
(d) Accrued leave shall be credited on the first day of the month following the month in which the annual leave is earned.
(e) In computing months of total service for the purpose of earning annual leave, only the months for which an employee earned annual leave shall be counted.
(f) An employee, who retired from a position covered by a state-administered retirement system, who is receiving retirement benefits and who returns to state service, shall not receive credit for annual months of service prior to retirement.
(g) A former employee who is appointed, reinstated, or re-employed, other than a former employee receiving benefits under a state-administered retirement system, shall receive credit for prior annual months of service.
(h) An employee dismissed for cause who has been reinstated to state service shall receive credit for annual months of service prior to dismissal, except if the dismissal resulted from a violation of KRS 156.838.
(i) Part-time, temporary, or seasonal employees shall not be entitled to annual leave.
(2) Personal Leave.
(a) Teachers and principals shall be entitled to twenty-two and one-half hours (22.5) of personal leave annually. Personal leave shall be credited at the beginning of each school year. Any unused personal leave in accordance with this section shall be converted to sick leave at the end of each school year.
(b) Part-time, temporary, or seasonal employees shall not be entitled to annual leave.
(c) Personal leave shall be prorated for employees who are employed after the first day of the calendar year based on the number of contract days they will have in the remainder of the calendar year.
(3) Use and retention of annual and personal leave.
(a) Annual leave shall be used in increments of hours or of one-quarter (1/4) hours, except for teachers and principals, who shall use personal leave in three and three-quarter hour (3.75) increments.
(b) Except as provided in paragraph (c) of this subsection, an employee who makes a timely request for annual or personal leave shall be granted annual or personal leave by the appointing authority, up to at least the amount of time earned that year, if the operating requirements of the agency permit.
(c) An appointing authority may require an employee who has a balance of at least 100 hours of compensatory leave to use compensatory leave before the employee's request to use annual leave is granted, unless the employee's annual leave balance exceeds the maximum number of hours that may be carried forward under Section 3(2)(f) of this administrative regulation.
(d) Absence due to sickness, injury, or disability in excess of the amount available for those purposes shall, at the request of the employee, be charged against annual leave or personal leave.
(e) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain his accumulated annual leave in the receiving agency.
(f) Annual leave may be carried from one (1) calendar year to the next as provided in this paragraph:
(g) Annual leave in excess of the maximum amounts specified in paragraph (f) of this subsection shall be converted to sick leave at the end of the calendar year or upon retirement, whichever comes first.
(h) The amount of annual leave that may be carried forward and the amount of annual leave that may be converted to sick leave shall be determined by computing months of service as provided by subsection (1)(e) of this section.
(4) Annual and personal leave on separation.
(a) As set forth in KRS 161.780, an employee who is separated by proper resignation or retirement shall be paid in a lump sum for accumulated annual leave not to exceed the amounts established by subsection (2)(f) of this section. Following payment of annual leave at resignation, leave remaining after the payment of the maximum provided shall be removed from the balance. A teacher or principal who is separated by proper resignation or retirement shall be paid in a lump sum for accumulated personal leave not to exceed twenty-two and one-half hours (22.5).
(b) An employee who is laid off shall be paid in a lump sum for all accumulated annual, or personal, or annual and personal leave. Payment for personal leave shall not exceed twenty-two and one-half hours (22.5).
(c) An employee in the unclassified service who resigns or terminates one (1) workday and returns to certified and equivalent service the next workday shall retain accumulated annual leave in the receiving agency.
(d) An employee who has been dismissed for cause related to misconduct or who has failed, without proper excuse, to give proper notice of resignation or retirement shall not be paid for accumulated annual or personal leave.
(e) Notice of separation by resignation shall be submitted to the supervisor in written form and forwarded to the Personnel/Payroll Officer.
(f) Certified and equivalent employees seeking to resign or terminate contracts in force shall do so in compliance with KRS 161.780.
(g) Upon the death of an employee, the employee's estate shall be entitled to receive pay for the unused portion of the employee's accumulated annual, or personal, or annual and personal leave. Payment for personal leave shall not exceed twenty-two and one-half hours (22.5).
(h) An employee may request in writing that accumulated annual leave not be paid upon resignation, and that all or part of the amount of his accumulated annual leave that does not exceed the amount established by subsection (2)(f) of this section be waived, if:
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The employee resigns, or is laid off because of an approved plan of privatization of the services he performed; and
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The successor employer has agreed to credit the employee with an equal amount of annual leave.
Section 4. Sick Leave.
(1) Accrual of sick leave.
(a) An employee, except teachers, principals, and part-time employees, shall accumulate sick leave with pay at the rate of one (1) working day per month.
(b) An employee, except teachers and principals, shall have worked or been on paid leave, other than educational leave, for 100 or more regular hours in a month to accrue sick leave.
(c) An employee, except teachers and principals, shall be credited with additional sick leave on the first day of the month following the month in which the sick leave is earned.
(d) teachers and principals shall be credited with seventy-five (75) hours of sick leave at the beginning of each school year.
(e) A full-time employee, except teachers and principals, who completes 120 months of total service with the state shall be credited with ten (10) additional days of sick leave upon the first day of the month following the completion of 120 months of service. A teacher or principal who completes ten (10) years of total service with the state shall be credited with ten (10) additional days of sick leave upon the first day of the following school year.
(f) A full-time employee, except teachers and principals, who completes 240 months of total service with the state shall be credited with ten (10) additional days of sick leave upon the first day of the month following the completion of 240 months of service. A teacher or principal who completes twenty (20) years of total service with the state shall be credited with ten (10) additional days of sick leave upon the first day of the following school year.
(g) In computing months of total service for the purpose of crediting sick leave, only the months for which an employee earned sick leave shall be counted.
(h) The total service shall be verified before the leave is credited to the employee's record.
(i) An employee, who retired from a position covered by a state-administered retirement system, who is receiving retirement benefits and who returns to state service, shall not receive credit for sick months of service prior to retirement.
(j) A former employee who is appointed, reinstated, or re-employed, other than a former employee receiving benefits under a state-administered retirement system, shall receive credit for the unused sick leave balance credited upon the separation and shall receive credit for prior sick months of service.
(k) An employee dismissed for cause who has been rehired to state service shall receive credit for sick months of service prior to the dismissal, unless the dismissal resulted from a violation of KRS 156.838.
(l) Sick leave may be accumulated with no maximum.
(2) Use and retention of sick leave with pay.
(a) The appointing authority or his designee shall grant or may require the use of accrued sick leave with pay if an employee:
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Is unable to work due to medical, dental, or optical examination or treatment;
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Is disabled by illness or injury. The appointing authority or his designee may require the employee to provide a doctor's statement certifying the employee's inability to perform his duties for the days or hours sick leave is requested;
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Is required to care for or transport a member of the immediate family in need of medical attention for a reasonable period of time. The appointing authority or his designee may require the employee to provide a doctor's statement certifying the employee's need to care for a family member;
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Would jeopardize the health of himself or others at the work station because of a contagious disease or demonstration of behavior that might endanger the employee or others;
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Has lost by death a spouse, parent, grandparent, child, brother or sister, or the spouse of any of them, or, if granted by the appointing authority, another relative of close association. Leave under this subparagraph shall be limited to five (5) days; or
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Requires leave for the birth, placement, or adoption of a child.
(b) At the termination of sick leave with pay, the appointing authority shall return the employee to his former position.
(c) Employees, except teachers and principals, shall use sick leave in increments of one-quarter (1/4) hours.
(d) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain accumulated sick leave in the receiving agency.
(e) An employee shall be credited for accumulated sick leave if separated by proper resignation, layoff, or retirement as provided in KRS 161.780.
(3) Sick leave without pay.
(a) The appointing authority or his designee shall grant sick leave without pay for the duration of an employee's impairment by injury or illness, if:
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The total continuous leave does not exceed one (1) year; and
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The employee has used or been paid for all accumulated annual, compensatory and sick leave, unless he has requested to retain up to ten (10) days of accumulated sick leave.
(b) For continuous leave without pay in excess of thirty (30) working days, excluding holidays, the appointing authority or his designee shall notify the employee in writing of the leave without pay status.
(c) The appointing authority or his designee may require a periodic doctor's statement during the period of leave without pay attesting to the employee's continued inability to perform essential functions of his duties with or without reasonable accommodation.
(d) The appointing authority or his designee may grant sick leave without pay to an employee who does not qualify for family and medical leave provided in Section 5 of this administrative regulation due to lack of service time and who has exhausted all accumulated paid leave if the employee is required to care for a member of the immediate family for a period not to exceed thirty (30) working days.
(e) If an employee has given notice of his ability to resume his duties following sick leave without pay, the appointing authority or his designee shall return the employee to the original position or to a position for which he is qualified and which resembles his former position as closely as circumstances permit.
(f) If reasonable accommodation to the employees' duties is requested, the employee shall:
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Inform the employer; and
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Upon request, provide supportive documentation from a certified professional.
(g) An employee shall be considered to have resigned if he:
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Has been on one (1) year continuous sick leave without pay;
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Has been requested by the appointing authority or his designee in writing to return to work;
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Is unable to return to his former position;
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Has been given priority consideration by the appointing authority or his designee for a vacant, budgeted position with the same agency, for which he qualified and is capable of performing its essential functions with or without reasonable accommodation; and
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Has not been placed by the appointing authority or his designee in a vacant position.
(h) Sick leave granted under this subsection shall not be renewable after the employee has been medically certified as able to return to work.
(i) An employee who has been resigned under paragraph (g) of this subsection shall retain reinstatement privileges.
(4) Workers' compensation.
(a) If an absence is due to illness or injury for which workers' compensation benefits are received, accumulated sick leave may be used to maintain regular full salary.
(b) If paid sick leave is used to maintain regular full salary, workers' compensation pay benefits shall be assigned to the state for the period of time the employee received paid sick leave.
(c) The employee's sick leave shall be immediately reinstated to the extent that workers' compensation benefits are assigned.
(5) Application for sick leave and supporting documentation.
(a) An employee shall file a written application for sick leave with or without pay within a reasonable time.
(b) Except for an emergency illness, an employee shall request advance approval for sick leave for medical, dental or optical examinations, and for sick leave without pay.
(c) If the employee is too ill to work, the employee shall notify the immediate supervisor or the designee. Failure, without good cause, to do so in a reasonable period of time shall be cause for denial of sick leave for the period of absence.
(d) The appointing authority or his designee may, for good cause and on notice, require an employee to supply supporting evidence to receive sick leave.
(e) A medical certificate may be required, signed by a licensed practitioner and certifying to the employee's incapacity, examination, or treatment.
(f) The appointing authority or his designee shall grant sick leave if the application is supported by acceptable evidence but may require confirmation if there is reasonable cause to question the authenticity of the certificate or its contents.
Section 5. Family and Medical Leave.The appointing authority or his designee shall comply with the requirements of the Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C. 2601, et seq., and the federal regulations implementing the Act, 29 C.F.R. Part 825.
Section 6. Court Leave.
(1) An employee shall be entitled to court leave during his scheduled working hours without loss of time or pay for the amount of time necessary to:
(a) Comply with a subpoena by a court, administrative agency, body of the federal or state government, or any political subdivision thereof; or
(b) Serve as a juror or a witness, unless the employee or a member of his family is a party to the proceeding.
(2) Court leave shall include necessary travel time.
(3) If relieved from duty as a juror or witness during normal working hours, the employee shall return to work or use annual or compensatory leave.
(4) An employee shall not be required to report as court leave attendance at a proceeding that is part of his assigned duties.
Section 7. Military Leave.
(1) Upon request, an employee who is an active member of the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Public Health Service Reserve, or the Kentucky National Guard shall be relieved from the civil duties, to serve under order or training duty without loss of the regular compensation for a period not to exceed the number of working days specified in KRS 61.394 for a federal fiscal year.
(2) The absence shall not be charged against accumulated leave.
(3) Absence that exceeds the number of working days specified in KRS 61.394 for a federal fiscal year shall be charged to annual leave, personal leave, compensatory leave, or leave without pay.
(4) The employee shall provide a copy of the orders requiring the attendance of the employee before military leave is granted.
(5) The appointing authority or his designee shall grant an employee entering military duty a leave of absence without pay for a period of the duty not to exceed six (6) years. Upon receiving military duty leave of absence, all accumulated annual, personal, and compensatory leave shall be paid in a lump sum, if requested by the employee.
Section 8. Voting and Election Leave.
(1) An employee, except teachers and principals, who is eligible and registered to vote shall be allowed, upon prior request and approval, four (4) hours, for the purpose of voting. Teachers and principals shall not be eligible for leave for the purpose of voting.
(2) An election officer shall receive additional leave if the total for election day does not exceed a regular workday.
(3) The absence shall not be charged against leave.
(4) A central office employee who is permitted or required to work during the employee's regular work hours, in lieu of voting leave, shall be granted compensatory leave on an hour-for-hour basis for the hours during the time the polls are open, up to a maximum of four (4) hours.
Section 9. Special Leave of Absence.
(1) If approved by the associate commissioner for career and technical education, the appointing authority or their designee may grant a leave of absence for continuing education or training.
(a) Leave may be granted for a period not to exceed twenty-four (24) months.
(b) If granted, leave shall be with pay if the employee enters into a service commitment contract, or without pay in the absence of a service commitment contract.
(c) Leave shall be restricted to attendance at a college, university, vocational or business school for training in subjects that relate to the employee's work and will benefit the state.
(2) The appointing authority or his designee may grant an employee a leave of absence without pay for a period not to exceed one (1) year for purposes other than specified in this administrative regulation that are of tangible benefit to the state.
(3) The appointing authority or his designee may place an employee on special leave with pay for investigative purposes for a period of time not to exceed sixty (60) working days pending an investigation into allegations of employee misconduct.
(a) The employee shall be notified in writing by the appointing authority or his designee that he is being placed on special leave for investigative purposes, and the reasons for being placed on leave.
(b) If the investigation reveals no misconduct on behalf of the employee, all records relating to the investigation shall be purged from the Office of Career and Technical Education.
(c) The appointing authority or his designee shall notify the employee, in writing, of the completion of the investigation and the action taken. This notification shall be made to the employee, whether the employee has remained in state service, or has voluntarily resigned in the interim.
Section 10. Absence Without Leave.
(1) An employee who is absent from duty without prior approval shall report the reason for the absence to the supervisor immediately.
(2) Unauthorized or unreported absence shall:
(a) Be considered absence without leave;
(b) Be treated as leave without pay for an employee covered by the provision of the Fair Labor Standards Act; and
(c) Constitute grounds for disciplinary action.
(3) An employee who has been absent without leave or notice to the supervisor for a period of five (5) working days shall be considered to have resigned the employment.
Section 11. Absences Due to Adverse Weather.
(1) An employee, who is not designated for mandatory operations, and who chooses not to report to work or chooses to leave early in the event of adverse weather conditions, shall have the time of the absence reported as:
(a) Charged to annual, personal, or compensatory leave;
(b) Taken as leave without pay, if annual and compensatory leave has been exhausted; or
(c) Deferred in accordance with subsections (3) and (4) of this section.
(2) An employee who is on prearranged annual, personal, emergency, compensatory or sick leave shall charge leave as originally requested.
(3) If operational needs allow, except for an employee in mandatory operations, management shall make every reasonable effort to arrange schedules whereby an employee shall be given an opportunity to make up time not worked rather than charging it to leave.
(4) An employee shall not make up work if the work would result in the employee working more than forty (40) hours in a workweek.
(a) Except as provided in this paragraph, time lost shall be made up within 123 days of the occurrence of the absence. If it is not made up within 123 days, annual, personal, or compensatory leave shall be deducted to cover the absence, or leave without pay shall be charged if no annual or compensatory leave is available.
(b) If an employee transfers or separates from employment before the leave is made up, the leave shall be charged to annual, personal, or compensatory leave or deducted from the final paycheck.
(5) If adverse weather conditions occur, and it becomes necessary for authorities to order evacuation or shut down the place of employment, the provisions established in this subsection shall apply.
(a) An employee who is required to evacuate or who would report to a location that has been shut down shall not be required to make up the time that is lost from work during the period officially declared hazardous due to adverse weather conditions.
(b) An employee who is required to work in an emergency situation shall be compensated pursuant to the provisions of Section 2 of this administrative regulation and the Fair Labor Standards Act as amended.
(6) Adverse weather leave shall not be used by school-based employees when school is in session. Adverse weather leave may be used by school-based employees under extraordinary circumstances, as determined by the associate commissioner for career and technical education.
Section 12. Blood Donation Leave.
(1) An employee who, during regular working hours, donates blood at a licensed blood center certified by the Food and Drug Administration shall receive four (4) hours leave time, with pay, for the purpose of donating and recuperating from the donation.
(2) Leave granted under this section shall be used at the time of the donation unless circumstances as specified by the supervisor require the employee to return to work. If the employee returns to work, the unused portion of the leave time shall be credited as compensatory leave.
(3) An employee shall request leave in advance to qualify for blood donation leave.
(4) An employee who is deferred from donating blood shall not:
(a) Be charged leave time for the time spent in the attempted donation; and
(b) Qualify for the remainder of the blood donation leave.
(5) School-based employees shall not receive blood donation leave.
Section 13. Emergency Leave. Teachers and principals shall be entitled to twenty-two and one-half (22.5) hours of emergency leave.
(1) Emergency leave shall be credited at the beginning of each school year. Any unused emergency leave in accordance with this section shall expire at the end of each school year. Remaining emergency leave balances shall not be paid out upon separation of an employee. Emergency leave shall be prorated for employees who are employed after the first day of the calendar year based on the number of contract days they will have in the remainder of the calendar year.
(2) Emergency leave may be used due to death, illness, injury, or certain other urgent matters. Teachers and principals shall give as much advance notice as possible to their supervisor prior to using emergency leave.
(3) Emergency leave shall be used in three and three-quarter hour (3.75) increments.
Section 14. Eligibility for State-paid Health and Life Insurance Benefits.
(1) A twelve (12) month employee is eligible for state-paid life insurance benefits under the provisions of KRS Chapter 156 if they have worked or been on paid leave or family and medical leave, other than educational leave, during any part of the previous month.
(2) A twelve (12) month employee is eligible for state-paid health insurance benefits under the provisions of KRS Chapter 156 if they have worked or been on paid leave or family and medical leave, other than educational leave, during any part of the previous pay period.
(3) A teacher or principal is eligible for state-paid life insurance benefits under the provisions of KRS Chapter 156 if they have worked or been on paid leave or family and medical leave, other than educational leave, during any part of the previous month, except between the last day of school of the previous year and first day of school of the following year.
(4) A teacher or principal is eligible for state-paid health benefits under the provisions of KRS Chapter 156 if they have worked or been on paid leave or family and medical leave, other than educational leave, during any part of the previous pay period, except between the last day of school of the previous year and first day of school of the following year.
(5) A teacher or principal is eligible for state-paid health and life insurance benefits under the provisions of KRS Chapter 156 and shall be entitled to state-paid health and life insurance benefits between the last day of school of the previous year and first day of school of the following year.
(6) If an employee is unable to work and uses paid leave to qualify for state-paid health and life insurance benefits, the employee shall use paid leave days consecutively.
History
- RELATES TO: KRS 156.808, Chapter 337, 29 C.F.R. 825, 29 U.S.C. 201-219
- STATUTORY AUTHORITY: KRS 156.808(3)(g)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808 requires the Kentucky Board of Education to promulgate administrative regulations establishing personnel policies and procedures for all certified and equivalent staff, including administrative, teaching, and supervisory staff in the Office of Career and Technical Education central office and state-operated area technology centers. KRS 156.808(3)(g) requires the Kentucky Board of Education to promulgate administrative regulations for the certified and equivalent staff of state-operated area technology centers governing attendance, including hours of work, compensatory time, and annual, court, military, sick, voting, and special leaves of absence. The Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq., as implemented by 29 C.F.R. Part 825, requires the granting of family and medical leave to eligible employees. This administrative regulation establishes those leave requirements.
- History: 26 Ky.R. 2158; Am. 27 Ky.R. 102; eff. 7-17-2000; 35 Ky.R. 1858; 2230; eff. 5-1-2009; 36 Ky.R. 928; 1-4-2010; 44 Ky.R. 672, 929; eff. 12-1-2017; 51 Ky.R. 570, 1113; eff. 12-10-2024.
780 KAR 3:075 Sick leave sharing procedures for certified and equivalent service {#sec-780-kar-3-075 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:075}
Section 1. Applicability of Sick Leave Sharing Program. Certified and equivalent employees may participate in the Sick Leave Sharing Program established by KRS 18A.196 and 18A.197 and 101 KAR 2:105 and administered by the Personnel Cabinet.
History
- RELATES TO: KRS 18A.196, 18A.197, 151B.035(3)(g)
- STATUTORY AUTHORITY: KRS 151B.035(3)(g)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the executive director to promulgate comprehensive administrative regulations consistent with the provisions of KRS 151B.035. KRS 151B.035(3)(g) specifies that the executive director shall promulgate comprehensive administrative regulations for the certified and equivalent staff governing sick leave. This administrative regulation establishes requirements for the sick leave sharing program.
- History: 780 KAR 003:075. 26 Ky.R. 2158; 27 Ky.R. 106; eff. 7-17-2000; 35 Ky.R. 1863; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.
780 KAR 3:080 Extent and duration of school term, use of school days and extended employment {#sec-780-kar-3-080 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:080}
Section 1.
(1) Except as provided in Section 2 of this administrative regulation, the regular work year for any teacher in a state-operated area technology center shall be 190 work days between July 1 and June 30 annually, to be scheduled by the center principal.
(2) During this work year, secondary students shall begin classes based on the participating school district schedules.
(3) An area technology center shall serve secondary school students for participating school districts either in-person or virtually when those participating school districts have non-traditional or traditional instructional days.
(4) Any employee required to work on an official state holiday to serve students shall have their calendar adjusted to reflect a modification to their working days.
(5) The duties of an area technology center principal shall consist of 228 work days between July 1 and June 30 annually, to be scheduled by the associate commissioner for career and technical education or their designee.
(6) If the school district where the center is located closes due to inclement weather, staff in the area technology center shall not report to work and the work day shall be re-scheduled to meet student needs.
(7) The school calendar shall be adopted on or before May 30 of each year by the associate commissioner of career and technical education or their designee.
Section 2.
(1) A teacher may request to be employed beyond the 190 work days.
(2) The principal, associate commissioner for career and technical education or their designee may request that the teacher perform other essential services for which extended employment shall be provided. The special request shall be handled on an individual basis.
(3)
(a) To request extended employment, a teacher in an area technology center shall submit a written request to the teacher's principal.
(b) If the principal approves the request, the principal shall sign the request and submit it to the area supervisor.
(c) If the area supervisor approves the request, the area supervisor shall sign the request and submit it to the associate commissioner for career and technical education or their designee by April 15.
(d) The associate commissioner for career and technical education or their designee shall send written notification regarding the decision to the teacher by May 30. The notification shall indicate:
-
If the request was approved, the number of days for which approval was granted and a description of the additional duties or essential services to be performed; or
-
If the request was not approved, the reasons for denial.
Section 3.
(1) Any teacher employed 190 working days shall be paid in twenty-four (24) paychecks.
(2) The last two (2) paychecks shall be adjusted if necessary to reflect any salary variance due to changes in work schedules.
Section 4.
(1) All area technology centers shall be officially closed to students on the official state holidays designated for Christmas and New Year's.
(2) The principal may require an employee to work for safety or security reasons.
History
- RELATES TO: KRS 156.808
- STATUTORY AUTHORITY: KRS 156.808(1), (2), and (3)(i)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(1) requires the Kentucky Board of Education to promulgate administrative regulations establishing personnel policies and procedures for all certified and equivalent staff, including administrative, teaching, and supervisory staff in the Office of Career and Technical Education central office and state-operated area technology centers. KRS 156.808(3)(i) requires the Kentucky Board of Education to promulgate administrative regulations relating to the extent and duration of the state-operated area technology centers school term, use of school days, and extended employment. This administrative regulation establishes the school term and employment provisions for employees.
- History: 17 Ky.R. 741; eff. 10-14-1990; Am. 30 Ky.R. 701; 1243; eff. 12-1-2003; 35 Ky.R. 1864; 2234; eff. 5-1-2009; 44 Ky.R. 677, 933; eff. 12-1-2017; 51 Ky.R..576, 1118; eff. 12-10-2024
780 KAR 3:090 Records and reports {#sec-780-kar-3-090 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:090}
Section 1. Records.
(1) The personal action forms required by the Personnel Cabinet shall be used to report personnel actions and status changes. The appointing authority or his designee shall provide a copy of a personnel action form to the employee affected by the action.
(2) The appointing authority or his designee shall maintain a leave record for each employee reflecting:
(a) Annual leave earned, used and unused;
(b) Sick leave earned, used and unused;
(c) Compensatory leave earned, used and unused; and
(d) Special leave or any other leave with or without pay
(3) The record shall contain documentary evidence to support and justify authorized leave of absence with pay.
(4) Leave balances reported to the Executive Director of the Office of Career and Technical Education shall be the official leave balances of the employee.
(5) The Executive Director of the Office of Career and Technical Education shall prepare and maintain a record of all employees showing for each employee his name, address, title of position, salary rate, changes in status, transfer, sick leave, annual leave, and compensatory leave.
Section 2. Reports. The Executive Director of the Office of Career and Technical Education shall be responsible for providing raw data for the generation of all federal and state reports including the reporting of equal employment opportunity and affirmative action.
History
- RELATES TO: KRS 151B.035, 151B.045
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the Executive Director of the Office of Career and Technical Education to promulgate comprehensive administrative regulations consistent with the provisions of KRS 151B.035. KRS 151.B045(2)(a) requires that an official personnel file be kept for each employee. This administrative regulation establishes the requirements relating to records and reports for certified and equivalent employees of the Office of Career and Technical Education.
- History: 780 KAR 003:090. 17 Ky.R. 742; eff. 10-14-1990; 35 Ky.R. 1866; 2235; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.
780 KAR 3:100 Employee actions {#sec-780-kar-3-100 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:100}
Section 1. Definition. "Work station" means an employee's physical location where duties are to be performed and shall include the:
(1)
(a) Official work station of an employee assigned to a position by the appointing authority; and
(b) Street address where the work station is located; or
(2) One (1) or more alternate work stations assigned by the appointing authority.
Section 2. Employee Work Stations.
(1) The work station of an employee shall be established by the appointing authority.
(2) The position may be changed by the appointing authority to better meet the needs of the agency.
(3)
(a) An employee may be temporarily assigned to a different work station in a different county for a period of up to sixty (60) calendar days.
(b) The employee shall be reimbursed for travel expenses, in accordance with 200 KAR 2:006, and the appointing authority shall notify the employee in writing prior to the effective date of the action.
(4)
(a) An appointing authority may assign an employee to work in a different work station within the county of employment.
(b) Reassignment within a county shall not be an appealable action.
Section 3. Promotion. An employee in the certified and equivalent personnel system may be promoted to a position of greater scope of discretion and responsibility or to the unclassified system in the Office of Career and Technical Education.
Section 4. Demotion.
(1) An appointing authority may demote an employee who makes a written request for voluntary demotion.
(2) The written request shall:
(a) Be on a completed form prescribed by the Kentucky Department of Education; and
(b) Include:
-
A statement of the reason for the request;
-
The effective date of the requested demotion;
-
Identifying information concerning the position demoted from and to; and
-
A waiver of the right of appeal concerning the demotion.
(3) A copy of the request shall be placed in the employee's official file.
Section 5. Transfer.
(1) An employee in the certified and equivalent personnel system may be transferred from one (1) position to another and from one (1) county to another.
(2)
(a) The transfer shall be on a voluntary or involuntary basis.
(b) Unless an employee requests a transfer in writing, the transfer shall be deemed to have been made on an involuntary basis.
(c) The appointing authority or designee shall establish a reasonable basis for selecting an employee for involuntary transfer.
(3)
(a) If the transfer is on an involuntary basis, the employee shall receive written notice of the transfer prior to the effective date of the transfer.
(b) Following notification of an involuntary transfer, an employee shall report for work at the work station to which the employee was transferred on the effective date of the transfer.
(c) The notice shall be in writing, and shall:
- State:
a. The effective date of the transfer;
b. The reason for the employee's selection for transfer;
c. The new work station; and
d. The employee's obligation to report to the new work station;
-
Advise the employee that the employee may appeal the transfer to the Kentucky Technical Education Personnel Board within thirty (30) days of receipt of the notice excluding the day that notification was received; and
-
Advise the employee of the provisions of subsection (4) of this section.
(d) Upon employee notification, copies of the notice shall be forwarded to the associate commissioner of the Office of Career and Technical Education.
(4) If an involuntary transfer is to a position with a work station in a different county, the following provisions shall apply:
(a) The employee shall receive the notice specified in subsection (3) of this section at least thirty (30) days prior to the effective date of the transfer; and
(b) The appointing authority or designee shall pay the employee's moving and travel expenses following transfer for thirty (30) days following the effective date of transfer in accordance with 200 KAR 2:006.
(5)
(a) If an employee with status requests a transfer in writing, the appointing authority or designee may make a voluntary transfer.
(b) The written request shall:
-
Be on a completed form prescribed by the Kentucky Department of Education; and
-
Include:
a. A statement of the reason for the request;
b. The effective date of the requested transfer;
c. Identifying information concerning the position transferred from and to; and
d. A waiver of the right to appeal concerning the transfer.
(c) A copy of this request shall be forwarded to the associate commissioner of the Office of Career and Technical Education.
Section 6. Reemployment.
(1) Reemployment in the certified and equivalent personnel system shall occur in accordance with KRS 156.830 for laid-off employees.
(2) A laid-off former employee on a reemployment list shall meet all qualifications to be considered for a position.
Section 7. Resignations and Retirements.
(1) An employee who desires to terminate service with the state shall submit a written resignation or notice of retirement to the appointing authority.
(2)
(a) A resignation or notice of retirement shall be submitted at least thirty (30) calendar days before the final working day.
(b) A copy of an employee's resignation shall be attached to the advice effecting the separation and shall be filed in the employee's service record in the department.
(3) Failure of an employee to give thirty (30) calendar days' notice upon resignation or notice of retirement may result in forfeiture of accrued annual leave.
(4) A part-time hourly employee who has not worked for six (6) months shall be deemed to have resigned.
Section 8. Temporary Overlap. The appointing authority may place an employee in a position currently occupied by another employee for a period not to exceed ninety (90) calendar days for training purposes.
Section 9. Retirement. If an employee voluntarily retires, the employee shall be considered separated without prejudice.
History
- RELATES TO: KRS 156.808, 156.830
- STATUTORY AUTHORITY: KRS 156.070, 156.808(1)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(1) requires the Kentucky Board of Education to promulgate administrative regulations establishing personnel policies and procedures for all certified and equivalent staff, including administrative, teaching, and supervisory staff in the Office of Career and Technical Education central office and state-operated area technology centers. This administrative regulation establishes the method for determining an employee's work station and the requirements governing employee actions.
- History: 17 Ky.R. 743; eff. 10-14-1990; 26 Ky.R. 2028; 27 Ky.R. 107; eff. 7-17-2000; 35 Ky.R. 1867; 2235; eff. 5-1-2009; Cert eff. 11-16-2018; TAm eff. 11-10-2022; 50 Ky.R. 2305; 51 Ky.R. 278; eff. 8-20-2024.
780 KAR 3:110 Disciplinary actions {#sec-780-kar-3-110 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:110}
Section 1. General Provisions. Except as otherwise provided in this administrative regulation, the tenure of an employee in the certified and equivalent personnel system shall be during good behavior and the satisfactory performance of the employee's duties.
(1) The appointing authority or designee may, as appropriate, discipline an employee for failure to comply with the behavior standards established in this administrative regulation or for the unsatisfactory performance of duties.
(2) Lack of good behavior or the unsatisfactory performance of duties shall include the following:
(a) Insubordination, including:
-
Violation of a statue or administrative regulation established for the operation of schools or the central office of the Office of Career and Technical Education; or
-
Refusal to recognize or obey the school principal or other supervisory personnel with the office in the performance of duties:
(b) Immoral character or unbecoming conduct; or
(c) Inefficiency, incompetency, or neglect of duty, after a written statement identifying the problems or difficulties has been furnished to the individual involved including:
-
Chronic absenteeism or excessive tardiness;
-
Inability to control students or exert appropriate supervision of subordinates;
-
Inappropriate discipline of students or treatment of subordinates and peers;
-
Poor teaching or supervisory habits; or
-
Lack of completion of records and required reports.
Section 2. Dismissals.
(1) After an employee is notified of the intent to dismiss, copies of the notice of intent to dismiss and the notice of dismissal or other penalization shall be forwarded to the Executive Director of the Office of Career and Technical Education on the same date notice is delivered to the employee.
(2) Probationary and limited-status employees shall not have appeal rights except as provided in KRS 151B.055(10).
Section 3. Demotion. Upon employee notification, copies of the notice of demotion shall be forwarded to the Executive Director of the Office of Career and Technical Education on the same date the notice is delivered to the employee.
Section 4. Suspension. Upon employee notification, copies of the notice of suspension shall be forwarded to the Executive Director of the Office of Career and Technical Education on the same date the notice is delivered to the employee.
History
- RELATES TO: KRS 151B.035, 151B.055(10)
- STATUTORY AUTHORITY: KRS 151B.035(1), 3(l), (m), (o)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(1) and (3)(l), (m), and (o) requires the Executive Director of the Office of Career and Technical Education to promulgate administrative regulations for full-time and part-time certified and equivalent staff governing demotion, dismissal, suspension, and other disciplinary measures. This administrative regulation establishes office behavior standards and procedures for dismissal, demotion, and suspension of employees.
- History: 780 KAR 003:110. 17 Ky.R. 745; eff. 10-14-1990; 35 Ky.R. 1869; 2236; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 3:120 Appeals and hearings {#sec-780-kar-3-120 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:120}
Section 1. Definitions.
(1) "Because of sex" or "on the basis of sex" is defined by KRS 344.030(8).
(2) "Qualified individual with a disability" is defined by KRS 344.030(1).
(3) "Reasonable accommodation" is defined by KRS 344.030(6).
(4) "Religion" is defined by KRS 344.030(7).
(5) "Undue hardship" is defined by KRS 344.030(9).
Section 2. An appeal of an action alleged to be based on discrimination shall be founded in the terms defined in Section 1 of this administrative regulation.
Section 3. General Provisions.
(1) To file an appeal, an employee shall file a completed Appeal Form and, if applicable, other documents relating to the appeal, through the office of the ombudsman of the Office of Career and Technical Education.
(2)
(a) An appeal or document relating to an appeal shall be filed within thirty (30) calendar days after receiving notification of the penalization or after becoming aware of the penalization through the exercise of due diligence.
(b) If the 30th day of the filing period falls on a day the Office of Career and Technical Education is closed during normal working hours, the appeal may be filed on the next regular working day.
(3)
(a) An appeal shall be heard in Frankfort, Kentucky or in a location mutually acceptable to the parties and approved by the hearing officer.
(b) The hearing officer shall make the final determination of the location of the hearing.
(4) If the appeal form indicates that the employee has retained counsel upon filing an appeal, notice of the scheduled hearing and all future notices, correspondence, or orders regarding the appeal shall be transmitted to that attorney, and all filings or motions on behalf of the employee shall be submitted by that attorney.
(5)
(a) Unless otherwise directed by the board, the ombudsman of the Office of Career and Technical Education shall assign a hearing officer or officers to an appeal.
(b) If more than one (1) hearing officer is assigned, one (1) shall be designated as chief.
(c) If the appeal is to be heard by the full board, the chairman of the board shall serve as the chief hearing officer.
(6) A state employee shall not use state time, equipment, materials, or personnel in pursuing an appeal.
Section 4. Continuances.
(1) Except as provided by subsection (5) of this section, a party may request a continuance of a scheduled hearing for good cause by following the procedures established in subsections (2) and (3) of this section.
(2) A request for continuance shall:
(a) Be written;
(b) State the reason for the request;
(c) Include proposed dates for rescheduling the hearing;
(d) Be filed with the board; and
(e) Be mailed to all parties at least ten (10) days prior to the scheduled hearing.
(3) An objection to a request for a continuance shall:
(a) Be written;
(b) State the reason for the objection to the request for continuance;
(c) Be filed with the board; and
(d) Be mailed to all parties at least five (5) days prior to the scheduled hearing.
(4) A continuance may be granted in extraordinary circumstances by the hearing officer.
(5) A request for a continuance based on a personal emergency shall be granted upon appropriate justification.
(6)
(a) At the direction of the hearing officer, the ombudsman of the Office of Career and Technical Education shall execute and transmit to all parties an interim order either granting or denying the continuance.
(b) If the continuance is granted, the interim order shall indicate the date on which the hearing has been rescheduled or the hearing has been continued generally.
Section 5. Prehearing Procedures.
(1) A motion, request, or filing shall:
(a) Be in writing;
(b) Be filed with the board through the office of the ombudsman of the Office of Career and Technical Education; and
(c) Be served on all other parties.
(2)
(a) An interim order by the hearing officer shall be executed and transmitted by the board through the ombudsman of the Office of Career and Technical Education to all parties.
(b) Unless an interim order provides for review by the board prior to the conclusion of a hearing, the board shall review an interim order simultaneously as it considers the recommended order, record, or exceptions.
(3)
(a) If an employee retains counsel subsequent to filing an appeal, the attorney shall file a written entry of appearance.
(b) All future notices, correspondence, or orders regarding the appeal shall be transmitted to that attorney, and all future filings or motions on behalf of the employee shall be submitted by that attorney.
(4) An employee shall notify all parties and the board in writing of a change of address or a change in counsel.
(5) Discovery may be taken in accordance with KRS 13B.080.
(6)
(a) Upon agreement of all parties and approval by the hearing officer, two (2) or more appeals that involve the same or similar facts may be consolidated.
(b) Upon motion of a party or upon the hearing officer's motion, the hearing officer may join other parties as necessary to appropriately consider the matter.
(7) An agreed settlement shall be submitted in writing for the full board's review and final action.
(8) The ombudsman of the Office of Career and Technical Education, general counsel, and board staff may participate in ex parte communication concerning pending and impending proceedings before the board relating to:
(a) Procedural questions; or
(b) Scheduling of hearings.
Section 6. Conduct of Hearing.
(1) The hearing shall be conducted pursuant to:
(a) KRS Chapter 13B; and
(b) This administrative regulation.
(2) Unless the appeal is heard by the full board, the hearing officer assigned shall hear the appeal.
(3)
(a) A party shall provide three (3) copies of an exhibit that is to be introduced as evidence.
(b) Copies shall be prepared prior to the hearing unless otherwise authorized by the hearing officer.
Section 7. Board Review and Action.
(1) Written exceptions, and responses thereto, to a recommended order shall be filed in accordance with KRS 13B.110(4). A response shall be:
(a) In writing; and
(b) Served on all parties.
(2) Exceptions and responses not timely filed shall be noted and made a part of the record, but shall not be considered by the board in making a final determination.
(3) At the request of a party or on its own motion, the board may permit oral arguments before the full board. A request for oral argument shall be:
(a) In writing;
(b) Filed with the board within fifteen (15) days of issuance of a recommended order; and
(c) Served on all parties.
(4) The board shall issue a final order in accordance with KRS 13B.120.
(5)
(a) Following consideration by the full board, a final order shall be entered disposing of the appeal.
(b) The order shall be prepared, executed, and entered at the direction of the board by the ombudsman of the Office of Career and Technical Education.
History
- RELATES TO: KRS Chapter 13B, 156.808, 156.820, 156.832, 344.030
- STATUTORY AUTHORITY: KRS 156.070, 156.808(8)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(3)(s) requires the Kentucky Board of Education to promulgate administrative regulations governing employee appeals, for all full-time and part-time certified or equivalent employees of the Office of Career and Technical Education. KRS 156.808(6)(a) requires the Kentucky Board of Education to promulgate administrative regulations to govern proceedings which provide for procedures to be utilized by the Kentucky Technical Education Personnel Board in the conduct of hearings. KRS 156.808(8) requires the Kentucky Board of Education to promulgate administrative regulations for certified and equivalent employees of the Office of Career and Technical Education that have been dismissed, demoted, suspended, or otherwise penalized for cause. This administrative regulation establishes the requirements for appeals and hearings for certified and equivalent employees of the Office of Career and Technical Education.
- History: 17 Ky.R. 746; eff. 10-14-1990; 27 Ky.R. 1881; 2444; eff. 3-19-2001; 28 Ky.R. 1206; eff. 1-14-2002; 35 Ky.R. 1871; 2237; eff. 5-1-2009; Cert eff. 6-28-2019; TAm eff. 11-10-2022; 50 Ky.R. 2308; eff. 8-20-2024.
780 KAR 3:130 Employee grievances {#sec-780-kar-3-130 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:130}
Section 1. Definition. "Grievance" means a complaint filed by an employee which concerns working conditions over which the Office of Career and Technical Education has control and which has specifically occurred, or of which the employee has become aware, within thirty (30) calendar days prior to filing.
Section 2. General Provisions.
(1) An employee in the certified and equivalent personnel system who believes that he or she has been subjected to unfair or unjust treatment concerning the conditions of employment may file a grievance in accordance with this administrative regulation.
(2) A grievance concerning an action which is appealable directly to the Kentucky Technical Education Personnel Board may be filed with the Office of Career and Technical Education. The filing of a grievance with the office shall not:
(a) Prohibit the employee from filing an appeal with the Kentucky Technical Education Personnel Board; or
(b) Extend the thirty (30) calendar day appeal period.
(3) An employee shall be entitled to file grievances without interference, coercion, discrimination, or reprisal.
(4) The associate commissioner shall inform all employees in the Office of Career and Technical Education of the provisions of this administrative regulation, or any modifications in the levels of review.
(5) The associate commissioner of the Office of Career and Technical Education shall make available to employees, the "KRS 156 Grievance Form", which shall be used to file a grievance. The form shall contain a notice that, if the grievance concerns an action appealable directly to the Kentucky Technical Education Personnel Board pursuant to KRS 156.820, the employee's right to file an appeal shall not be extended beyond thirty (30) calendar days.
(6) A state employee shall not use state time, equipment, materials, or personnel in pursuing a grievance, except for the participation in an interview scheduled by the agency to evaluate or investigate the grievance.
Section 3. Procedures.
(1) A grievance shall be filed with the employee's immediate supervisor within thirty (30) calendar days following occurrence, or the employee becoming aware through the exercise of due diligence, of the action which is the subject of the grievance. If an act of the immediate supervisor is the basis for the grievance, the grievance shall be filed with the next line supervisor.
(2) The employee shall set forth in writing the basis of the grievance or complaint together with the corrective action desired. If the employee wishes to submit additional information or documentation, the employee shall attach it to the grievance.
(3) If a grievance is filed that alleges harassment or discrimination on the basis of race, color, religion, national origin, sex, disability, or age, the recipient shall immediately notify the associate commissioner of the Office of Career and Technical Education and the agency Equal Employment Opportunity (EEO) Coordinator to comply with the affirmative action plan.
(4) An interview to evaluate or investigate the grievance held with the grievant or other employee shall not require the use of leave time.
(5) Both parties shall be given the opportunity to have a representative present at each step of the grievance procedure.
Section 4. Grievance Levels.
(1)
(a) Except as provided in paragraph (d) of this subsection, the immediate supervisor shall, upon investigation, issue findings and a decision in writing to the employee within ten (10) working days after receipt of the grievance.
(b) If the first line supervisor is unable to resolve the complaint to the satisfaction of the employee, the employee may request review of the grievance within five (5) working days of receipt of the decision to the second line supervisor.
(c) If the area supervisor or the division director is the first line supervisor, the request for review shall automatically be requested from the Ombudsman for the Office of Career and Technical Education.
(d) In accordance with Section 3(1) of this administrative regulation, if an act of the immediate supervisor was the basis for the grievance:
-
The immediate supervisor shall not investigate or issue findings or a decision; and
-
The grievance shall be investigated by the second line supervisor, with subsequent appeals available, as provided in subsections (2) through (6) of this section.
(2)
(a) The second line supervisor shall, upon investigation, issue findings and a decision in writing to the employee within ten (10) working days after receipt of the grievance.
(b) If the second line supervisor is unable to resolve the complaint to the satisfaction of the employee, the employee may request review of the grievance within five (5) working days of receipt of the decision to the ombudsman in the Office of Career and Technical Education.
(3) If the ombudsman is unable to mediate the grievance to the satisfaction of the employee, the employee may request review of the grievance within five (5) working days of receipt of the decision to the associate commissioner of the Office of Career and Technical Education or his or her designee for a final determination. The associate commissioner, upon investigation, shall issue findings and a final determination in writing to the employee within ten (10) working days.
(4) Failure of supervisory or management personnel to respond within the prescribed time limits shall be grounds for the advancement of the grievance to the next review level, unless the time limits have been extended by agreement of the parties.
(5) An intermediate grievance level may be waived by written agreement of the parties.
Section 5. Incorporation by Reference.
(1) "KRS 156 Grievance Form", 4/2024 is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, 300 Sower Blvd., 5th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 156.808(3)(t), 156.820
- STATUTORY AUTHORITY: KRS 156.070, 156.808(3)(t)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(3)(t) requires the Kentucky Board of Education to promulgate administrative regulations governing employee grievances and complaints for certified and equivalent staff of the Office of Career and Technical Education. This administrative regulation establishes the requirements governing employee grievances for certified and equivalent employees of the Office of Career and Technical Education.
- History: 17 Ky.R. 748; eff. 10-14-1990; 27 Ky.R. 1883; 2446; eff. 3-19-2001; 28 Ky.R. 1208; eff. 1-14-2002; 35 Ky.R. 1873; 2238; eff. 5-1-2009; TAm eff. 6-4-2009; Cert eff. 6-28-2019; TAm eff. 11-10-2022; 50 Ky.R. 2310; 51 Ky.R. 279; eff. 8-20-2024.
780 KAR 3:140 Certification and professional development requirements {#sec-780-kar-3-140 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:140}
Section 1. Each certified or equivalent employee in the Office of Career and Technical Education shall meet the requirements for professional education and continuing education established in this administrative regulation, 16 KAR 2:020, and 780 KAR 3:010.
Section 2.
(1) An employee shall elect to:
(a) Maintain the certification requirements in effect at initial employment; or
(b) Transfer to current requirements for the position held.
(2) If an employee changes from one (1) position to another position with different requirements, the current requirements governing the new position shall be met.
Section 3.
(1) A secondary instructor or school administrator shall be fully certified pursuant to 16 KAR Chapters 2 or 3;
(2) A postsecondary instructor or school administrator shall meet the:
(a) Same requirements established in subsection (1) of this section; or
(b) Initial alternative requirements with professional education commitment as specified in 780 KAR 3:010.
Section 4. An instructor who does not have previous certification and teaching experience shall successfully complete the methods of instruction training offered through the Office of Career and Technical Education prior to teaching students.
Section 5. A new school principal or school director who possess administrative certification but does not have experience in administration shall participate in staff development activities offered through the Office of Career and Technical Education.
Section 6. Principals, guidance counselors, and all other certified and equivalent school personnel shall complete at least twenty-five (25) hours of training annually beginning July 1 of each year.
Section 7. All instructors shall complete at least twenty-five (25) hours of professional development training annually.
(1) An instructor required to meet specific continuing education requirements as a part of the instructor occupational licensure obligation shall earn those hours in accordance with the administrative regulations set by the credentialing body.
(2) These hours, upon completion, shall apply to the twenty-five (25) hour obligation on an hour-for-hour basis beginning July 1 of each year.
Section 8.
(1) Except as provided in subsections (2) and (3) of this section, if an employee does not hold a valid certificate, does not complete the requirements for renewal, or does not complete the appropriate continuing education requirements, the employment shall be terminated.
(2) The executive director shall make an exception if the requirements are not met due to personal illness or other just cause beyond the control of the employee.
(3) The employee shall be granted one (1) year in which to comply with the requirement.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035(3)(k)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(3)(k) requires the Executive Director of the Office of Career and Technical Education to promulgate comprehensive administrative regulations for full-time and part-time certified and equivalent staff, governing programs to improve the work effectiveness of employees including staff development. This administrative regulation establishes the requirements for certification and professional development.
- History: 17 Ky.R. 749; eff. 10-14-1990; 20 Ky.R. 154; eff. 10-7-1993; 35 Ky.R. 1875; 2239; eff. 5-1-2009; Crt eff. 6-28-2019; Crt eff. 4-9-2026.
780 KAR 3:150 Staff development and in-service {#sec-780-kar-3-150 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:150}
Section 1.
(1) In-service and staff development activities shall be provided in all schools as specified in the school calendars and scheduled in advance.
(2) The programs shall be designed to improve the work effectiveness of employees.
Section 2.
(1) Except as provided in subsection (2) of this section, attendance shall be required for all faculty and administrators at the designated in-services.
(2) Unless the supervisor has given prior approval due to extenuating circumstances, an employee not in attendance shall be placed on leave without pay.
Section 3. In-service and staff development activities shall be developed cooperatively with the faculty and the administration and shall be evaluated on an annual basis.
Section 4.
(1) Central office certified and equivalent employees shall be provided staff development programs.
(2) Scheduled in-service workshops or staff development activities shall be planned cooperatively by the administrators and professional employees.
(3) All staff development events shall be announced in advance.
Section 5.
(1) Certified and equivalent employees may join professional organizations for their professional improvement.
(2) Dues and related costs shall be the responsibility of the individual teacher.
(3)
(a) Two (2) professional days shall be provided to certified and equivalent employees for participation in professional organization meetings without loss of pay or official leave.
(b) These days shall be requested in advance and shall not compromise the efficient operation of the school or programs.
(4) Participation in professional meetings beyond the two (2) days shall require the employee to be on official leave.
Section 6.
(1) The executive director or designee may approve certified and equivalent employees to assume regional, state, or national leadership roles in professional organizations for the purposes of additional days on work status.
(2) These requests shall be made in advance.
(3) The maximum number of days shall not exceed fifteen (15) paid days.
(4) The skills and leadership to be developed by the employee shall be considered of value to the organization before approval is granted.
Section 7.
(1) Travel reimbursement for an employee participating in staff development or a continuing education activity provided by a professional organization shall be considered on a case-by-case situation.
(2) The employee shall receive prior approval if requesting travel reimbursement.
(3) Travel reimbursement shall be in compliance with 200 KAR 2:006.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035(3)(k)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(3)(k) requires the Executive Director of the Office of Career and Technical Education to promulgate comprehensive administrative regulations for full-time and part-time certified and equivalent staff, governing programs to improve the work effectiveness of employees, including staff development. This administrative regulation establishes the requirements for staff development and in service.
- History: 780 KAR 003:150. 17 Ky.R. 750; eff. 10-14-1990; 35 Ky.R. 1877; 2240; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 3:160 Local school district service credit {#sec-780-kar-3-160 omnilex-key=us-ky-regs-official--title-780--780 KAR 3:160}
Section 1.
(1) An employee of a local school district who transfers to become an employee of the Department of Education after June 30, 1983, and subsequently to the Office of the Career and Technical Education on July 1, 1990, or who transferred to the Office of the Career Technical Education after July 1, 1990, shall transfer accrued sick leave.
(2) The employee shall be allocated credit for each year of experience in the local school system for the purposes of determining the rate of accumulation of annual and sick leave in the Office of the Career and Technical Education.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035(3)(g)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the Executive Director of the Office of Career and Technical Education to promulgate comprehensive administrative regulations for full-time and part-time certified and equivalent staff, governing hours of work, including annual and sick leave. This administrative regulation establishes annual and sick leave transfer credits.
- History: 780 KAR 003:160. 17 Ky.R. 3337; eff. 7-5-1991; 35 Ky.R. 1878; 2241; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
Chapter 6 Unclassified Personnel Administrative Regulations
780 KAR 6:005 Unclassified service administrative regulation {#sec-780-kar-6-005 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:005}
Section 1. Workplace Violence Policy.
(1) Workplace violence shall be prohibited and include:
(a) The attempted, threatened, or actual conduct of a person who endangers or is likely to endanger the health and safety of state employees or the general public; or
(b) A threatening statement, harassment or behavior that gives a state employee or member of the general public reasonable cause to believe that his health or safety is at risk.
(2) Examples of prohibited workplace violence shall include:
(a) Threats of harm;
(b) Brandishing or displaying a weapon or an object that resembles a weapon in a manner which would present a safety risk to a state employee or a member of the general public or threatens or intimidates them;
(c) Intimidating, threatening, or directing abusive language toward another person, either verbally, in writing or by gesture;
(d) Stalking as defined by KRS 508.130;
(e) Striking, slapping or otherwise physically attacking another person; or
(f) Disobeying or failing to follow the reasonable directive of a supervisor to take action or cease actions which create a risk to the health or safety of a state employee or a member of the general public, or threatens or intimidates a state employee or a member of the general public.
(3) Violation of this section shall constitute grounds for disciplinary action and referral for criminal prosecution.
Section 2. Kentucky Employee Assistance Program (KEAP). An employee in the unclassified service covered by KRS Chapter 151B may participate in the Kentucky Employee Assistance Program as established in 101 KAR 2:160.
Section 3. Issuance of Paychecks to State Employees.
(1) Except as provided in subsection (2) or (3) of this section, a paycheck shall be issued to a state employee on the 15th and 30th day of each month.
(2) If the regularly scheduled pay date falls on a weekend, a paycheck shall be issued on the preceding Friday.
(3) If the regularly scheduled pay date falls on a state designated holiday, a paycheck shall be issued on the workday preceding the holiday.
Section 4. Workers' Compensation Fund and Program. An employee in the unclassified service shall be covered under the Self-insured Worker's Compensation Fund and Program established by KRS 18A.375 and 101 KAR 2:140.
History
- RELATES TO: KRS 18A.375, 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(11) requires the executive director of the Office of Career and Technical Education to promulgate administrative regulations governing the unclassified service. This administrative regulation establishes requirements relating to requirements for unclassified service in the Office of Career and Technical Education.
- History: 780 KAR 006:005. 26 Ky.R. 2159; 27 Ky.R. 108; eff. 7-17-2000; 35 Ky.R. 1882; 2242; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 6:010 Classification plan {#sec-780-kar-6-010 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:010}
Section 1. General Provisions.
(1) The Kentucky Department of Education shall prepare and approve a classification plan for unclassified staff in the Office of Career and Technical Education.
(2) The plan shall be based upon similarity of duties performed and responsibilities assumed so that the same qualifications and the same schedule of pay apply to all positions in the same class.
(3) Each position shall be allocated to its proper class in the classification plan.
(4) The classification plan shall include for each class of position an appropriate title, description of duties and responsibilities, and the required education, experience, and other qualifications.
Section 2. Interpretation of Class Specifications.
(1) Class specifications shall be descriptive, explanatory, and designed to indicate the kinds of positions to be allocated to the various job classifications as determined by their characteristics, duties, and responsibilities.
(2) Characteristics of a class shall be general statements indicating the level of responsibility and discretion of positions in that job classification.
(3) Examples of duties or responsibilities shall not be construed as describing what the duties or responsibilities of any position shall be and shall not limit the Office of Career and Technical Education Associate Commissioner's ability to take, add to, or otherwise alter the duties and responsibilities of a position. The use of an individual expression or illustration as to duties or responsibilities shall not be regarded as excluding assignments of others not mentioned which are of similar kind or quality.
(4) Minimum requirements shall be comprehensive statements of the minimum background as to education, experience, and other qualifications which shall be required in all cases as evidence of an appointee's ability to perform the work properly.
Section 3. Official Copy of Class Specifications.
(1) The Kentucky Department of Education shall maintain a master set for all approved class specifications. These specifications shall constitute the official class specifications for the classification plan. The copies of the specification of each job classification shall indicate the date of adoption or the last revision of the specification.
(2) The Kentucky Department of Education shall provide class specifications for inspection to any employee or the public under reasonable conditions during regular business hours.
Section 4. Title of Position.
(1) The title of the job classification to which a position has been allocated shall be used to designate that position in all payroll and other official records, documents, vouchers, and communications in connection with all personnel processes.
(2) An office title, abbreviation or code symbol may be used in lieu of the class title for purposes of internal administration or for any other purpose that does not involve personnel processes.
History
- RELATES TO: KRS 156.070, 156.808
- STATUTORY AUTHORITY: KRS 156.808
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(1) requires the Kentucky Board of Education to promulgate administrative regulations to govern unclassified service in the Kentucky Department of Education Office of Career and Technical Education. This administrative regulation establishes the classification plan for unclassified staff in the Office of Career and Technical Education.
- History: 17 Ky.R. 1276; eff. 12-9-1990; 35 Ky.R. 1884; 2243; eff. 5-1-2009; Cert eff. 11-16-2018; TAm eff. 11-10-2022; 50 Ky.R. 2312; eff. 8-20-2024.
780 KAR 6:020 Compensation plan {#sec-780-kar-6-020 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:020}
Section 1. General Provisions.
(1) The Kentucky Department of Education shall prepare and recommend to the commissioner of education who shall recommend to the Kentucky Board of Education a pay plan for all Office of Career and Technical Education employees in the unclassified service taking into account:
(a) The relative levels of duties and responsibilities of various classes of positions;
(b) Rates paid for comparable positions elsewhere; and
(c) The state's financial resources.
(2) The pay shall become effective after recommendation by the commissioner of education and upon approval by the Kentucky Board of Education.
(3) An amendment to the pay plan shall be made in the same manner.
(4) Each employee shall be appointed at a rate set forth within the pay plan for the position in which he or she is employed.
Section 2. Appointments. A new unclassified service employee or reentering unclassified service employee shall be appointed at the salary within the salary structure for unclassified service employee commensurate with education level and experience.
Section 3. Salary Adjustments.
(1) Promotion.
(a) A certified or equivalent employee who is promoted to the unclassified service shall receive a five (5) percent salary increase at the time of promotion unless his or her current salary is above the minimum on the salary schedule. If the employee's salary is above the minimum, the five (5) percent increase shall be at the discretion of the appointing authority.
(b) If the promotion is to a position which constitutes an unusual increase in the level of responsibility, the associate commissioner of the Office of Career and Technical Education may grant upon promotion a ten (10) percent to twenty (20) percent salary increase over the employee's previous salary.
(c) Upon the successful completion of a six (6) month promotional probationary period, an unclassified employee may receive at the discretion of the appointing authority a five (5) percent promotional increase at the beginning of the month following completion of the probationary period.
(2) Demotion. An unclassified employee in the Office of Career and Technical Education who is demoted to another position in the unclassified service shall have his or her salary adjusted in accordance with the appropriate salary schedule.
History
- RELATES TO: KRS 156.808
- STATUTORY AUTHORITY: KRS 156.070, 156.808
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(11) requires the Kentucky Board of Education to promulgate administrative regulations governing the unclassified service in the Office of Career and Technical Education. This administrative regulation establishes the compensation plan for unclassified employees of the Office of Career and Technical Education.
- History: 17 Ky.R. 1277; eff. 12-9-1990; 35 Ky.R. 1885; 2243; eff. 5-1-2009; Cert eff. 11-16-2018; TAm eff. 11-10-2022; 50 Ky.R. 2314; eff. 8-20-2024.
780 KAR 6:030 Appointments {#sec-780-kar-6-030 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:030}
Section 1. Establishment and Abolishment of Positions. The appointing authority or his designee shall establish and abolish positions consistent with the classification and compensation plan of the unclassified service.
Section 2. Filing Applications.
(1) Each application shall be submitted on an Application for Employment.
(2) Each applicant shall be signed and the truth of the statements contained herein certified by signature under penalty of removal for falsification and any criminal penalties that apply.
(3) The executive director shall authorize an individual to verify work experience and educational attainment of an applicant for any position in the unclassified service.
(4) The application shall be consistent with the state and federal equal employment opportunity guidelines.
Section 3. Minimum Qualifications for Filling. A position shall be filled by an applicant who meets the standards or requirements prescribed by the executive director with regard to education and experience and other factors as may be held to relate to the ability of the candidate to perform with reasonable efficiency the duties of the position.
Section 4. Selection of Employees.
(1) The executive director shall make the selection of employees.
(2) An employee in an executive policy-making position shall serve at the discretion of the appointing authority contingent upon the approval of the secretary of the cabinet and the Governor.
(3) The selection and appointment of appropriate personnel shall be contingent upon approval of the secretary of the cabinet and the Governor.
Section 5. Incorporation by Reference.
(1) The Application for Employment, December 2005, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Workforce Development, Office of Career and Technical Education, Division of Human Resources Management, 500 Mero Street, 4th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 156.808
- STATUTORY AUTHORITY: KRS 156.808
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.808(11) requires the executive director of the Office of Career and Technical Education to promulgate administrative regulations governing the unclassified service. This administrative regulation establishes the requirements governing selection and appointments of unclassified personnel.
- History: 780 KAR 006:030. 17 Ky.R. 1278; eff. 12-9-1990; 35 Ky.R. 1887; 2244; eff. 5-1-2009; Crt eff. 11-16-2018; TAm eff. 11-10-2022; Crt eff. 8-11-2025.
780 KAR 6:040 Special appointments {#sec-780-kar-6-040 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:040}
Section 1. Detail to Special Duty.
(1) If the services of a limited or continuing status employee are needed in the unclassified service, the employee may be detailed to that position for a period not to exceed one (1) year with prior approval of the executive director contingent upon approval of the secretary of the cabinet and the Governor.
(2) For detail to special duty, the executive director may waive the minimum requirements.
(3) The employee shall retain status in the certified and equivalent service.
Section 2. Dual Appointments.
(1) The executive director may authorize the appointment of an employee serving in two (2) positions.
(2) The executive director may designate one (1) of the appointments as serving in an acting capacity contingent upon approval of the secretary of the cabinet and the Governor.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(11) requires the executive director of the Office of Career and Technical Education to promulgate administrative regulations governing the unclassified service. This administrative regulation establishes the requirements relating to special appointments in the Office of Career and Technical Education.
- History: 780 KAR 006:040. 17 Ky.R. 1279; eff. 12-9-1990; 35 Ky.R. 1888; 2245; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 6:050 Probationary periods {#sec-780-kar-6-050 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:050}
Section 1.
(1) All unclassified staff shall serve an initial probationary period of six (6) months.
(2) The initial probationary period shall serve as an adjustment period for the newly appointed employee and as an evaluation period for management.
(3) Completion of the initial six (6) months of employment shall not indicate permanent status.
(4) An employee may be granted a five (5) percent increase in pay at the completion of the initial six (6) months.
(5) An employee who satisfactorily completes the initial probationary period in a given classification shall be eligible for continued employment.
(6) An employee who does not satisfactorily complete the initial probationary period shall not be eligible for reemployment in that job classification in the Office of Career and Technical Education.
History
- RELATES TO: KRS 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(11) requires the executive director of the Office of Career and Technical Education to promulgate administrative regulations governing the unclassified service. This administrative regulation establishes the requirements relating to probationary periods for unclassified staff in the Office of Career and Technical Education.
- History: 780 KAR 006:050. 17 Ky.R. 1279; eff. 12-9-1990; 35 Ky.R. 1889; 2245; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 6:062 Attendance, compensatory time and leave for unclassified service {#sec-780-kar-6-062 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:062}
Section 1. Attendance.
(1) A full-time employee shall be required to work thirty-seven and one-half (37 1/2) hours per week unless otherwise specified by the appointing authority or his designee.
(2) The appointing authority or his designee may require employees to work hours and work days other than the normal schedule if it is in the best interest of the agency. An employee shall be given as much advance notice as possible if a schedule is changed.
(3) The employee shall be required to give reasonable notice in advance of absence from a work station.
(4) An employee shall be allowed up to two (2) professional days for the purpose of continuing staff development or participation in professional organization workshops and meetings without loss of pay.
Section 2. Compensatory Leave and Overtime.
(1) Accrual of compensatory leave and overtime.
(a) An appointing authority shall comply with the overtime and compensatory leave provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter 8.
(b) An employee who is directed to work, or who requests and is authorized to work, in excess of the prescribed hours of duty shall be granted compensatory leave or paid overtime subject to the provisions of the Fair Labor Standards Act, the Kentucky Revised Statutes and this administrative regulation.
(c) An employee deemed to be "exempt" under the provisions of the FLSA shall accumulate compensatory time on an hour-for-hour basis for hours actually worked in excess of his regular work schedule.
(d) An employee deemed to be "nonexempt" by the provisions of the FLSA shall be paid for all hours worked in excess of forty (40) hours per week.
(e) Compensatory leave shall be accumulated or taken off in one-quarter (1/4) hour increments.
(f) The maximum amount of compensatory leave that may be carried forward from one (1) pay period to another shall be 200 hours.
(g) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain his compensatory leave in the receiving agency.
(2) Reductions in compensatory leave balances.
(a) An unclassified employee may use accumulated compensatory time if:
-
Practicable;
-
Requested in advance; and
-
Approved by the respective supervisor.
(b) An appointing authority may require an employee who has a balance of at least 100 hours compensatory leave to use compensatory leave before annual leave, unless the employee's annual leave balance exceeds the maximum number of hours that may be carried forward under Section 3(2)(f) of this administrative regulation, and shall otherwise allow the use of compensatory leave if it will not unduly disrupt the operations of the agency.
(c) If an employee's prescribed hours of duty are normally less than forty (40) hours per week, the employee shall receive compensatory leave for the number of hours worked that:
-
Exceed the number of normally prescribed hours of duty; and
-
Do not exceed the maximum amount of 200 compensatory hours.
(d) Upon separation from state service, an employee shall be paid for all unused compensatory leave at the greater of the:
-
Regular hourly rate of pay; or
-
Average regular rate of pay for the final three (3) years of employment.
Section 3. Annual Leave.
(1) Accrual of annual leave.
(a) Each full-time employee shall accumulate annual leave at the following rate:
(b) A full-time employee shall have worked, or been on paid leave, other than educational leave with pay, for 100 or more regular hours per month to accrue annual leave.
(c) Accrued leave shall be credited on the first day of the month following the month in which the annual leave is earned.
(d) In computing months of total service for the purpose of earning annual leave, only the months for which an employee earned annual leave shall be counted.
(e) A former employee who has been rehired, except as provided in paragraph (f) of this subsection, and who was dismissed for cause from state service shall receive credit for service prior to the dismissal, except if the dismissal resulted from a violation of KRS 151B.090.
(f) An employee, who has retired from a position covered by a state retirement system, who is receiving retirement benefits, and who returns to state service, shall not receive credit for annual months of service prior to retirement.
(g) Part-time, temporary, or seasonal employees shall not be entitled to accrue annual leave.
(2) Use and retention of annual leave.
(a) Annual leave shall be used in increments of hours or of one-quarter (1/4) hours.
(b) Except as provided in paragraph (c) of this subsection, an employee who makes a timely request for annual leave shall be granted annual leave by the appointing authority or his designee up to at least the amount of time earned that year, if the operating requirements of the agency permit.
(c) An appointing authority or his designee may require an employee who has a balance of at least 100 hours of compensatory leave to use compensatory leave before the employee's request to use annual leave is granted, unless the employee's annual leave balance exceeds the maximum number of hours that may be carried forward under paragraph (f) of this subsection.
(d) Absence due to sickness, injury, or disability in excess of the amount available for those purposes shall, at the request of the employee, be charged against annual leave.
(e) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain accumulated annual leave in the receiving agency.
(f) Annual leave may be carried forward from one (1) calendar year to the next as provided in this paragraph:
(g) Leave in excess of the maximum amounts specified in paragraph (f) of this subsection shall be converted to sick leave at the end of the calendar year or upon retirement, whichever comes first.
(h) The amount of annual leave that may be carried forward and the amount of annual leave that may be converted to sick leave shall be determined by computing months of service as provided by subsection (1)(d) of this section.
(3) Annual leave on separation.
(a) An employee who is separated by proper resignation or retirement shall be paid in a lump sum for accumulated annual leave not to exceed the maximum amounts established by subsection (2)(f) of this section. Following payment of annual leave at resignation, leave remaining after the payment of the maximum provided shall be removed from the balance.
(b) An employee who is laid off shall be paid in a lump sum for all accumulated annual leave.
(c) An employee in the unclassified service who resigns or terminates one (1) workday and returns to certified and equivalent service the next workday shall retain accumulated annual leave in the receiving agency.
(d) An employee who has been dismissed for cause related to misconduct or who has failed, without proper excuse, to give proper notice of resignation or retirement shall not be paid for accumulated annual leave.
(e) Upon the death of an employee, the estate shall be entitled to receive pay for the unused portion of the employee's accumulated annual leave.
(f) An employee may request in writing that his accumulated annual leave not be paid upon resignation, and that all or part of the amount of the accumulated annual leave that does not exceed the amount established by subsection (2)(f) of this section be waived, if:
-
The employee resigns, or is laid off because of an approved plan of privatization of the services performed; and
-
The successor employer has agreed to credit the employee with an equal amount of annual leave.
Section 4. Sick Leave.
(1) Accrual of sick leave.
(a) An employee, except a part-time employee, shall accumulate sick leave with pay at the rate of one (1) working day per month.
(b) An employee shall have worked or been on paid leave, other than educational leave, for 100 or more regular hours in a month to accrue sick leave.
(c) An employee shall be credited with additional sick leave upon the first day of the month following the month in which the sick leave is earned.
(d) A full-time employee who completes 120 months of total service with the state shall be credited with ten (10) additional days of sick leave upon the first day of the month following the completion of 120 months of service.
(e) A full-time employee who completes 240 months of total service with the state shall be credited with ten (10) additional days of sick leave upon the first day of the month following the completion of 240 months of service.
(f) In computing months of total service for the purpose of crediting sick leave, only the months for which an employee earned sick leave shall be counted.
(g) The total service shall be verified before the leave is credited to the employee's record.
(h) An employee, who retired from a position covered by a state-administered retirement system, who is receiving retirement benefits and who returns to state service, shall not receive credit for sick months of service prior to retirement.
(i) A former employee who is appointed or reemployed, other than a former employee receiving benefits under a state-administered retirement system, shall receive credit for the unused sick leave balance credited upon the separation and shall receive credit for prior sick months of service.
(j) An employee dismissed for cause who has been rehired to state service shall receive credit for sick months of service prior to the dismissal, except if the dismissal resulted from a violation of KRS 151B.090.
(k) Sick leave may be accumulated with no maximum.
(2) Use and retention of sick leave with pay.
(a) An appointing authority or his designee shall grant or may require the use of accrued sick leave with pay if an employee:
-
Is unable to work due to medical, dental or optical examination or treatment;
-
Is disabled by illness or injury. The appointing authority or his designee may require the employee to provide a doctor's statement certifying the employee's inability to perform his duties for the days or hours sick leave is requested;
-
Is required to care for or transport a member of the immediate family in need of medical attention for a reasonable period of time. The appointing authority or his designee may require the employee to provide a doctor's statement certifying the employee's need to care for a family member;
-
Would jeopardize the health of the employee or others at the work station because of a contagious disease or demonstration of behavior that might endanger the employee or others;
-
Has lost by death a spouse, parent, grandparent, child, brother or sister, or the spouse of any of them, or, if granted by the appointing authority, another relative of close association. Leave under this paragraph shall be limited to three (3) days; or
-
Requires leave for the birth, placement or adoption of a child.
(b) At the termination of sick leave with pay, the appointing authority or his designee shall return the employee to his former position.
(c) Sick leave shall be used in increments of hours or increments of one-quarter (1/4) hours.
(d) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain his accumulated sick leave in the receiving agency.
(e) An employee shall be credited for accumulated sick leave if separated by proper resignation, layoff or retirement.
(3) Sick leave without pay.
(a) An appointing authority or his designee shall grant sick leave without pay to an employee for the duration of an employee's impairment by injury or illness, if:
-
The total continuous leave does not exceed one (1) year; and
-
The employee has used or been paid for all accumulated annual, compensatory, and sick leave, unless the employee has requested to retain up to ten (10) days of accumulated sick leave.
(b) For continuous leave without pay in excess of thirty (30) working days, excluding holidays, the appointing authority or his designee shall notify the employee in writing of the leave without pay status.
(c) The appointing authority or his designee may require a periodic doctor's statement during the year attesting to the employee's continued inability to perform the essential functions of his duties with or without reasonable accommodation.
(d) An appointing authority may grant sick leave without pay to an employee, who does not quality for family and medical leave due to lack of service time and who has exhausted all accumulated paid leave if the employee is required to care for a member of the immediate family for a period not to exceed thirty (30) working days.
(e) If an employee has given notice of his ability to resume his duties following sick leave without pay, the appointing authority or his designee shall return the employee to the original position or to a position for which he is qualified and which resembles his former position as closely as circumstances permit.
(f) If reasonable accommodation is requested, the employee shall:
-
Inform the employer; and
-
Upon request, provide supportive documentation from a certified professional.
(g) An employee shall be considered to have resigned if he:
-
Has been on one (1) year continuous sick leave without pay;
-
Has been requested by the appointing authority or his designee in writing to return to work at least ten (10) days prior to the expiration of sick leave;
-
Is unable to return to his former position;
-
Has been given priority consideration by the appointing authority for a vacant, budgeted position with the same agency, for which he is qualified and is capable of performing its essential functions with or without reasonable accommodation; and
-
Has not been placed by the appointing authority or his designee in a vacant position.
(h) Sick leave granted under this subsection shall not be renewable after the employee has been medically certified as able to return to work.
(i) An employee who has resigned under paragraph (g) of this subsection shall retain reinstatement privileges.
(4) Workers' compensation.
(a) If an absence is due to illness or injury for which workers' compensation benefits are received, accumulated sick leave may be used to maintain regular full salary.
(b) If paid sick leave is used to maintain regular full salary, workers' compensation pay benefits shall be assigned to the state for the period of time the employee received paid sick leave.
(c) The employee's sick leave shall be immediately reinstated to the extent that workers' compensation benefits are assigned.
(5) Application for sick leave and supporting documentation.
(a) An employee shall file a written application for sick leave with or without pay within a reasonable time.
(b) Except for an emergency illness, an employee shall request advance approval for sick leave for medical, dental, or optical examinations, and for sick leave without pay.
(c) If the employee is too ill to work, an employee shall notify the immediate supervisor or the designee. Failure, without good cause, to do so in a reasonable period of time shall be cause for denial of sick leave for the period of absence.
(d) An appointing authority or his designee may, for good cause and on notice, require an employee to supply supporting evidence in order to receive sick leave.
(e) A medical certificate may be required, signed by a licensed practitioner and certifying to the employee's incapacity, examination, or treatment.
(f) An appointing authority or his designee shall grant sick leave if the application is supported by acceptable evidence but may require confirmation if there is reasonable cause to question the authenticity of the certificate or its contents.
Section 5. Family and Medical Leave.
(1) An appointing authority or his designee shall comply with the requirements of the Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C. 2601, et seq., and the federal regulations implementing the Act, 29 C.F.R. Part 825.
(2) An employee in state service shall qualify for twelve (12) weeks of unpaid family and medical leave if the employee has:
(a) Completed twelve (12) months of service; and
(b) Worked or been on paid leave at least 1,250 hours in the twelve (12) months immediately preceding the first day of family and medical leave.
(3) Family and medical leave shall be awarded on a calendar year basis.
(4) An employee shall be entitled to a maximum of twelve (12) weeks of accumulated annual or sick leave, unpaid family and medical leave, or a combination thereof, for the birth, placement, or adoption of a child.
(5) While an employee is on unpaid family and medical leave, the state contribution for health and life insurance shall be maintained by the employer.
(6) If the employee would qualify for family and medical leave, but has an annual, compensatory, or sick leave balance, the agency shall not designate the leave as FMLA leave until:
(a) The employee's leave balance has been exhausted; or
(b) The employee requests to reserve ten (10) days of accumulated sick leave and be placed on unpaid FMLA leave.
Section 6. Court Leave.
(1) An employee shall be entitled to court leave during his scheduled working hours without loss of time or pay for the amount of time necessary to:
(a) Comply with a subpoena by a court, or administrative agency or body of the federal or state government or any political subdivision thereof; or
(b) Serve as a juror or a witness, unless the employee or a member of his family is a party to the proceeding.
(2) Court leave shall include necessary travel time.
(3) If relieved from duty as a juror or witness during his normal working hours, the employee shall return to work or use annual or compensatory leave.
(4) An employee shall not be required to report as court leave attendance at a proceeding that is part of his assigned duties.
Section 7. Military Leave.
(1) Upon request, an employee who is an active member of the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Public Health Service Reserve, or the Kentucky National Guard shall be relieved from the civil duties, to serve under order or training duty without loss of regular compensation for a period not to exceed the number of working days specified in KRS 61.394 for a federal fiscal year.
(2) The absence shall not be charged to leave.
(3) Absence that exceeds the number of working days specified in KRS 61.394 for a federal fiscal year shall be charged to annual leave, compensatory leave, or leave without pay.
(4) The appointing authority may require a copy of the orders requiring the attendance of the employee before granting military leave.
(5) The appointing authority shall grant an employee entering military duty a leave of absence without pay for a period of the duty not to exceed six (6) years. Upon receiving military duty leave of absence, all accumulated annual and compensatory leave shall be paid in a lump sum, if requested by the employee.
Section 8. Voting and Election Leave.
(1) An employee who is eligible and who is registered to vote shall be allowed, upon prior request and approval, four (4) hours for the purpose of voting.
(2) An election officer shall receive additional leave if the total leave for election day does not exceed a regular workday.
(3) The absence shall not be charged against leave.
(4) An employee who is permitted or required to work during the employee's regular work hours, in lieu of voting leave, shall be granted compensatory leave on an hour-for-hour basis for the hours during the time the polls are open, up to a maximum of four (4) hours.
Section 9. Special Leave of Absence.
(1) If approved by the secretary, an appointing authority or his designee may grant a leave of absence for continuing education or training.
(a) Leave may be granted for a period not to exceed twenty-four (24) months or the conclusion of the administration in which the employee is serving, whichever comes first.
(b) If granted, leave shall be granted either with pay (if the employee contractually agrees to a service commitment) or without pay.
(c) Leave shall be restricted to attendance at a college, university, vocational or business school for training in subjects that relate to the employee's work and shall benefit the state.
(2) An appointing authority or his designee, with approval of the secretary, may grant an employee a leave of absence without pay for a period not to exceed one (1) year for purposes other than specified in this administrative regulation that are of tangible benefit to the state.
(3) The appointing authority or his designee may place an employee on special leave with pay for investigative purposes for a period of time not to exceed sixty (60) working days pending an investigation of an allegation of employee misconduct.
(a) The employee shall be notified in writing by the appointing authority or his designee that the employee is being placed on special leave for investigative purposes, and the reasons for being placed on leave.
(b) If this investigation reveals no misconduct on behalf of the employee, all records relating to the investigation shall be purged from the Office of Career and Technical Education files.
(c) The appointing authority or his designee shall notify the employee, in writing, of the completion of the investigation and the action taken. This notification shall be made to the employee, whether the employee has remained in state service, or has voluntarily resigned in the interim.
Section 10. Absence Without Leave.
(1) An employee who is absent from duty without prior approval shall report the reason for the absence to the supervisor immediately.
(2) Unauthorized or unreported absence shall:
(a) Be considered absence without leave;
(b) Be treated as leave without pay for an employee covered by the provision of the Fair Labor Standards Act; and
(c) Constitute grounds for disciplinary action.
(3) An employee who has been absent without leave or notice to the supervisor for a period of ten (10) working days shall be considered to have resigned the employment.
Section 11. Absences Due to Adverse Weather.
(1) An employee, who is not designated for mandatory operations, and who chooses not to report to work or chooses to leave early in the event of adverse weather conditions such as tornado, flood, blizzard, or ice storm, shall have the time of the absence reported as:
(a) Charged to annual or compensatory leave;
(b) Taken as leave without pay, if annual and compensatory leave have been exhausted; or
(c) Deferred in accordance with subsections (3) and (4) of this section.
(2) An employee who is on prearranged annual, compensatory, or sick leave shall charge leave as originally requested.
(3) If operational needs allow, except for an employee in mandatory operations, management shall make every reasonable effort to arrange schedules whereby an employee shall be given an opportunity to make up time not worked rather than charging it to leave.
(4) An employee shall not make up work if the work would result in the employee working more than forty (40) hours in a workweek.
(a) Time lost shall be made up within four (4) months of the occurrence of the absence. If it is not made up within four (4) months, annual or compensatory leave shall be deducted to cover the absence, or leave without pay shall be charged if no annual or compensatory leave is available.
(b) If an employee transfers or separates from employment before the leave is made up, the leave shall be charged to annual or compensatory leave or deducted from the final paycheck.
(5) If catastrophic, life-threatening weather conditions occur, as created by a tornado, flood, ice storm, or blizzard, and it becomes necessary for authorities to order evacuation or shutdown of the place of employment, the provisions established in this subsection shall apply.
(a) An employee who is required to evacuate or who would report to a location that has been shut down shall not be required to make up the time that is lost from work during the period officially declared hazardous to life and safety.
(b) An employee who is required to work in an emergency situation shall be compensated pursuant to the provisions of Section 2 of this administrative regulation and the Fair Labor Standards Act as amended.
Section 12. Blood Donation Leave.
(1) An employee who, during regular working hours, donates blood at a licensed blood center certified by the Food and Drug Administration shall receive four (4) hours leave time, with pay, for the purpose of donating and recuperating from the donation.
(2) Leave granted under this section shall be used at the time of the donation unless circumstances as specified by the supervisor requires the employee to return to work. If the employee returns to work, the unused portion of the leave time shall be credited as compensatory leave.
(3) An employee shall request leave in advance to qualify for blood donation leave.
(4) An employee who is deferred from donating blood shall not:
(a) Be charged leave time for the time spent in the attempted donation; and
(b) Qualify for the remainder of the blood donation leave.
Section 13. Eligibility for State-paid Health and Life Insurance Benefits.
(1) An employee who is eligible for state-paid life insurance benefits under the provisions of KRS Chapter 151B shall have worked or been on paid leave or family and medical leave, other than educational leave, during any part of the previous month.
(2) An employee who is eligible for state-paid health insurance benefits under the provisions of KRS Chapter 151B shall have worked or been on paid leave or family and medical leave, other than educational leave, during any part of the previous pay period.
(3) If an employee is unable to work and uses paid leave to qualify for the state-paid health and life insurance benefits, the employee shall use paid leave days consecutively.
History
- RELATES TO: KRS 151B.035, 29 C.F.R. 825, 29 U.S.C. 201-219, 2601-2654
- STATUTORY AUTHORITY: KRS 151B.035(11)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(11) requires the executive director of the Office of Career and Technical Education to promulgate administrative regulations governing the unclassified service. The Family and Medical Leave Act of 1993, 29 U.S.C. 2601 to 2654, as implemented by 29 C.F.R. Part 825, requires the granting of Family and Medical Leave. This administrative regulation establishes the attendance, compensatory time and leave requirements for unclassified service staff.
- History: 780 KAR 006:062. 26 Ky.R. 2162; 27 Ky.R. 109; eff. 7-17-2000; 35 Ky.R. 1891; 2245; eff. 5-1-2009; 36 Ky.R. 933; eff. 1-4-2010; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 6:065 Sick leave sharing procedures for unclassified service {#sec-780-kar-6-065 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:065}
Section 1. Applicability of Sick Leave Sharing Program. Employees in the unclassified service may participate in the Sick Leave Sharing Program established by KRS 18A.196 and 18A.197 and 101 KAR 2:105 and administered by the Personnel Cabinet.
History
- RELATES TO: KRS 18A.196, 18A.197, 151B.035
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the Executive Director of the Office of Career and Technical Education to promulgate comprehensive administrative regulations consistent with the provisions of KRS 151B.035. KRS 151B.035 specifies that the Executive Director shall promulgate comprehensive administrative regulations for the unclassified service staff governing sick leave. This administrative regulation establishes requirements for the Sick Leave Sharing Program.
- History: 780 KAR 006:065. 26 Ky.R. 2166; 27 Ky.R. 113; eff. 7-17-2000; 35 Ky.R. 1895; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 6:070 Records and reports {#sec-780-kar-6-070 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:070}
Section 1. Records.
(1) The personnel action forms required by the Personnel Cabinet shall be used to report personnel actions and status changes. The appointing authority or his designee shall provide a copy of a personnel action form to the employee affected by the action.
(2) The appointing authority or his designee shall maintain a leave record for each employee reflecting:
(a) Annual leave earned, used and unused;
(b) Sick leave earned, used and unused;
(c) Compensatory leave earned, used and unused; and
(d) Special leave or any other leave with or without pay.
(3) The record shall contain documentary evidence to support and justify authorized leave of absence with pay.
(4) Leave balances reported to the executive director of the Office of Career and Technical Education shall contain the official leave balances of the employee.
(5) The executive director of the Office of Career and Technical Education shall prepare and maintain a record of all employees showing for each employee his name, address, title of position, salary rate, changes in status, transfer, sick leave, annual leave, and compensatory leave.
Section 2. Reports. The executive director of the Office of Career and Technical Education shall be responsible for providing raw data for the generation of all federal and state reports including the reporting of equal employment opportunity and affirmative action.
History
- RELATES TO: KRS 151B.035, 151B.045
- STATUTORY AUTHORITY: KRS 151B.035
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the executive director of the Office of Career and Technical Education to promulgate comprehensive administrative regulations consistent with the provisions of KRS 151B.035. KRS 151B.045(2)(a) requires that an official personnel file be kept for each employee. This administrative regulation establishes the requirements relating to records and reports for unclassified employees of the Office of Career and Technical Education.
- History: 780 KAR 006:070. 17 Ky.R. 1285; eff. 12-9-1990, 35 Ky.R. 1896; 2249; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 8-11-2025.
780 KAR 6:080 Employee actions {#sec-780-kar-6-080 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:080}
Section 1. Definition. "Work station" means the:
(1)
(a) Official work station of an employee assigned to an office; and
(b) Street address where the office is located; or
(2)
(a) Official work station of a field employee; and
(b) Street address to which the employee is assigned upon appointment to the employee's position.
Section 2. Employee Work Stations.
(1) Each employee shall be assigned to a work station by the appointing authority or designee.
(2)
(a) A work station may be changed to better meet the needs of the agency.
(b) An employee may be temporarily assigned to a different work station in a different county for a period of up to sixty (60) calendar days, provided that the employee is reimbursed for travel expenses, in accordance with 200 KAR 2:006, and the appointing authority or designee notifies the employee in writing prior to the effective date of the action.
(c) The appointing authority or designee may assign an employee to work in a different site within the county of employment.
Section 3. Promotion.
(1) A vacancy may be filled by promotion if practical and in the best interest of the service.
(2)
(a) A continuing status employee promoted from the certified and equivalent personnel system shall retain status in the certified and equivalent system.
(b)
-
If upon reversion a vacancy does not exist in the position of the former class, then status pertaining to layoff shall apply.
-
The employee shall be considered for employment in any vacant position for which the employee is qualified pursuant to KRS 151B.085(3).
Section 4. Demotion.
(1)
(a) An employee may request a voluntary demotion in writing from the appointing authority or designee.
(b) A copy of the request shall be placed in the employee's official file.
(2) The executive director may make an involuntary demotion if necessary to further the best interest of the department.
Section 5. Transfer.
(1) An employee appointed in accordance with KRS 12.050 shall not be transferred.
(2) Any other employee in the unclassified service may be transferred from one (1) position to another in the unclassified service by the appointing authority or designee with written notice.
(3)
(a) If the transfer is on an involuntary basis, the employee shall receive notice of the transfer.
(b) Following notification of an involuntary transfer, an employee shall report for work at the work station to which transferred on the effective date of the transfer.
(c) The notice shall be in writing, shall state the effective date of the transfer, the reason for the employee's selection for transfer, and the employee's obligation to report to the new work station.
Section 6. Resignations.
(1) An employee who desires to terminate service with the state shall submit a written resignation to the appointing authority or designee.
(2) A resignation shall be submitted at least fourteen (14) calendar days before the final working day.
(3) A copy of an employee's resignation shall be attached to the advice effecting the separation and be filed in the employee's service record in the department.
(4) Failure to give fourteen (14) calendar days' notice with a resignation shall result in forfeiture of accrued annual leave.
Section 7. Temporary Overlap. The appointing authority or designee for training purposes may place an employee in a position currently occupied by another employee for a period not to exceed sixty (60) calendar days.
Section 8. If an employee voluntarily retires, the employee shall be considered as separated without prejudice.
History
- RELATES TO: KRS 12.050, 151B.035, 151B.085
- STATUTORY AUTHORITY: KRS 151B.035(1)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(1) requires the executive director of the Office of Career and Technical Education to promulgate administrative regulations establishing personnel policies and procedures for all full-time and part-time unclassified employees, certified and equivalent staff, including administrative, teaching, and supervisory staff in the Office of Career and Technical Education central office and state operated vocational facilities. This administrative regulation establishes the method for determining an employee's work station and the requirements governing employee actions.
- History: 780 KAR 006:080. 17 Ky.R. 1286; eff. 12-9-1990; 35 Ky.R. 1898; 2249; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 10-2-2025.
780 KAR 6:090 Disciplinary actions {#sec-780-kar-6-090 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:090}
Section 1. General Provision. Except as provided by KRS 151B.055(10), an employee in the unclassified service shall not have appeal rights to the Kentucky technical Education Personnel Board.
Section 2. Dismissals, Demotions, and Suspensions. The appointing authority or designee may make dismissals, demotions, and suspensions as required to insure effective and efficient management in the Office of Career and Technical Education.
History
- RELATES TO: KRS 151B.035, 151B.055
- STATUTORY AUTHORITY: KRS 151B.035(1), (3)(l),(m), (o)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(1) and (3)(l), (m), and (o) requires the executive director of the Office of Career and Technical Education to promulgate administrative regulations for full-time and part-time certified and equivalent staff governing demotion, dismissal, suspension, and other disciplinary measures. This administrative regulation establishes procedures for dismissal, demotion, and suspension of employees.
- History: 780 KAR 006:090. 17 Ky.R. 1287; eff. 12-9-1990; 35 Ky.R. 1899; 2250; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.
780 KAR 6:100 Appeals and hearings {#sec-780-kar-6-100 omnilex-key=us-ky-regs-official--title-780--780 KAR 6:100}
Section 1. General Provisions.
(1) As provided in KRS 151B.055(10), an employee in the unclassified service may appeal to the Kentucky Technical Education Personnel Board.
(2)
(a) An appeal shall be filed within thirty (30) calendar days after receiving notification of the penalization or becoming aware of the penalization through the exercise of due diligence.
(b) If the last day of the filing period falls on a day when the office of the secretary of the board is closed during normal working hours, the appeal may be filed on the next regular working day.
(3)
(a) The appeal shall be heard in Frankfort, Kentucky or in a location mutually acceptable to the hearing officer and the employee.
(b) The hearing officer shall make the final determination of the location of the hearing.
(4) If the appeal form indicates that the appealing employee has retained counsel at the time of filing an appeal, notice of the scheduled hearing and all future notices, correspondence, or orders regarding the appeal shall be transmitted to that attorney and all filings or motions on behalf of the appealing employee shall be submitted by that attorney.
(5) Unless otherwise directed by the board, the secretary of the board shall assign a hearing officer or officers to each appeal.
(a) If more than one (1) hearing officer is assigned, one (1) shall be designated as chief.
(b) If the appeal is to be heard by the full board, the chairman shall serve as the chief hearing officer.
Section 2. Continuances.
(1) Any party may request a continuance of a scheduled hearing for good cause.
(a) The request shall be in writing, state the reason for the request, and include proposed dates for rescheduling.
(b) The request shall be filed with the board through the office of the secretary of the board and mailed to all parties at least ten (10) days prior to the scheduled hearing.
(2) A party objecting to a requested continuance may file a written objection stating the reason.
(a) An objection shall be filed with the board through the office of the secretary of the board within five (5) days prior to the scheduled hearing.
(b) Copies of the written objection shall be mailed to all parties.
(3) A continuance may be granted in extraordinary circumstances by the hearing officer.
(4) A request for a continuance based on a personal emergency shall be granted only upon appropriate justification.
(5)
(a) All requests for continuance shall be ruled on by the hearing officer. At the direction of the hearing officer, the secretary of the board shall execute and transmit to all parties an interim order either granting or denying the continuance.
(b) If the continuance is granted, the interim order shall indicate the date on which the hearing has been rescheduled or the hearing has been continued generally.
Section 3. Prehearing Procedures.
(1) All motions, requests, or filings shall be in writing, filed with the board through the office of the secretary, and served on all other parties.
(2)
(a) An interim order by the hearing officer shall be executed and transmitted by the secretary of the board to all parties.
(b) Interim orders shall not be reviewable by the board except on final review, unless otherwise provided in the interim order.
(3)
(a) If an appealing employee retains counsel subsequent to filing an appeal, the attorney shall file a written entry of appearance.
(b) All future notices, correspondence, or orders regarding the appeal shall be transmitted to that attorney and all future filings or motions on behalf of the appealing employee shall be submitted by that attorney.
(4) An appealing employee shall notify all parties and the board in writing of any change of address.
(5)
(a) Subpoena forms shall be available in the office of the secretary of the board and shall be issued by the secretary of the board.
(b) Preparation and service of the subpoena and compliance with the subpoena shall be the responsibility of the party requesting the subpoena.
(6) A deposition may be taken only in extraordinary circumstances and upon authorization by the hearing officer.
(a) A request to take a deposition shall be filed at least seven (7) days prior to the scheduled hearing.
(b) An objection shall be filed prior to the scheduled hearing.
(7)
(a) Upon agreement of all parties and approval by the hearing officer, two (2) or more appeals that involve the same or similar facts may be consolidated.
(b) Upon motion of any party, or upon the hearing officer's own motion, the hearing officer may join other parties as necessary to appropriately consider the matter on appeal.
(8) The hearing officer may schedule a prehearing conference to define the issues, determine which facts, if any, may be stipulated, rule on pending motions or requests, and address any matters that shall facilitate the hearing.
(9) An agreed settlement shall be submitted in writing for the full board's review and final action.
(10) The secretary of the board, general counsel, and board staff may participate in ex parte communication concerning pending and impending proceedings before the board relating to:
(a) Procedural questions; or
(b) Scheduling of hearings.
Section 4. Conduct of Hearing.
(1) Unless the appeal is heard by the full board, the hearing officer assigned shall hear the appeal.
(a) The hearing officer shall to make all decisions and rule on all matters concerning the conduct of the hearing.
(b) The hearing officer shall require an orderly and proper decorum at the hearing and shall be authorized to require compliance with the hearing officer's rulings.
(2) Failure of any party to appear at the hearing shall result in an adverse ruling against that party.
(3) The rules of civil procedure shall not apply.
(4)
(a) The hearing officer shall direct one (1) of the parties to present its case first, examine witnesses, and submit documentation, subject to cross examination.
(b) The opposing party shall then present its case, examine witnesses, and submit documentation, subject to cross examination.
(5)
(a) All parties shall provide three (3) copies of any exhibit that is to be introduced as evidence.
(b) Copies shall be prepared prior to the hearing.
(6) The proceedings and evidence presented shall be recorded by a court reporter.
Section 5. Findings and Recommendations; Exceptions.
(1) Following completion of the hearing, the hearing officer shall prepare a recommended order, including findings of fact and recommendations, based on the evidence, facts, and information presented at the hearing and contained in the record.
(2) At the direction of the hearing officer, the recommended order shall be entered and transmitted by the secretary of the board to all parties.
(3)
(a) Any party may submit written exceptions to the findings of fact and recommendations.
(b) Exceptions shall be filed with the board through the office of the secretary of the board within twenty (20) calendar days of entry of the recommended order, unless otherwise directed by the hearing officer at the time the recommended order is entered and served on all parties.
(4)
(a) Any party may submit a written response to exceptions filed with the board.
(b) The response shall be filed with the board through the office of the secretary of the board within ten (10) calendar days of entry of the recommended order, unless otherwise directed by the hearing officer at the time the recommended order is entered, and served on all parties.
(5) Exceptions and responses not timely filed shall be noted and made a part of the record, but shall not be considered by the board in making a final determination.
Section 6. Board Review and Action.
(1) The board shall:
(a) Adopt as submitted the findings and recommendations of the hearing officer;
(b) Amend the findings or recommendations based on evidence or information contained in the record prior to adoption; or
(c) Order the appeal remanded to the hearing officer for further action as appropriate.
(2) Following consideration by the full board, a final order shall be entered disposing of the appeal.
(a) The order shall be prepared, executed, and entered at the direction of the secretary of the board.
(b) Copies of the order shall be transmitted to all parties by the secretary of the board.
History
- RELATES TO: KRS 151B.035, 151B.055
- STATUTORY AUTHORITY: KRS 151B.035(8)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(8) requires the executive director of the Office of Career and Technical Education to promulgate comprehensive administrative regulations governing employee appeals. This administrative regulation establishes the appeals and hearing requirements for employees.
- History: 17 Ky.R. 1287; eff. 12-9-1990; 35 Ky.R. 1901; 2251; eff. 5-1-2009; Crt eff. 11-16-2018.
Chapter 7 Facilities and Equipment of the Kentucky TECH System
780 KAR 7:010 Definitions for 780 KAR Chapter 7 {#sec-780-kar-7-010 omnilex-key=us-ky-regs-official--title-780--780 KAR 7:010}
Section 1. Definitions.
(1) "Area technology center" means a school primarily serving secondary students offering academic and occupational programs suitable for fulfilling high school credit requirements and attaining occupational goals and objectives.
(2) "Construction" means construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and includes site grading, improvement, and architect fees.
(3) "Equipment" means a movable or fixed unit of furniture or furnishings, an instrument, a machine, an apparatus, or a set of articles which:
(a) Retains its original shape and appearance with use;
(b) Is nonexpendable;
(c) Costs $250 or more; and
(d) Does not lose its identity through incorporation into a different or more complex unit or substance.
(4) "Facility maintenance" means maintenance of the facility which includes all equipment and systems considered to be permanently installed as part of the facility.
(5) "Maintenance" means repairing, servicing, or replacing parts of the facility including the permanently installed equipment and systems and appropriate insurance as needed to assure proper protection and adequate and safe operating conditions.
(6) "Operation" means management of the education program offered in the facility and the necessary and ancillary services including the cost of salaries, equipment, supplies, materials, and transportation of students which are involved in the instructional program, and may include other reasonable costs of services and supplies needed in providing janitorial services and replacement of expendable supplies.
(7) "Replacement equipment" means those equipment items purchased to replace items that already exist in career and technology program.
(8) "Supplies" means an article or material which meets one (1) or more of the following conditions:
(a) Is consumed in use;
(b) Loses its original shape or appearance with use;
(c) Is expendable;
(d) Costs less than $250; or
(e) Loses its identity through incorporation into a different or more complex unit or substance.
History
- RELATES TO: KRS 151B.025(3), 151B.150
- STATUTORY AUTHORITY: KRS 151B.025(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.025(3) gives the Office of Career and Technical Education the responsibility for all administrative functions of the state in relation to the management, control, and operation of state-operated secondary area technology centers. This administrative regulation establishes the definitions for 780 KAR Chapter 7.
- History: 17 Ky.R. 758; eff. 10-14-1990; 22 Ky.R. 376; 735; eff. 10-5-1995; 26 Ky.R. 2326; 27 Ky.R. 965; eff. 10-16-2000; 35 Ky.R. 1903; eff. 5-1-2009; Crt eff. 6-28-2019; Crt eff. 4-9-2026.
780 KAR 7:020 Area technology center facility standards {#sec-780-kar-7-020 omnilex-key=us-ky-regs-official--title-780--780 KAR 7:020}
Section 1. An area technology center shall meet the following standards:
(1) The facility shall be used principally for providing career and technical education to secondary students who are available for study in preparation for entering the labor market.
(2) The facility shall provide the technical preparation component of the educational program for secondary students.
(3) The facility shall provide for occupational preparation programs and the appropriate related instruction. The types of programs and related instruction to be offered shall be approved by the Executive Director of the Office of Career and Technical Education and in compliance with administrative regulations for secondary students established by the Kentucky Board of Education in 705 KAR 4:231.
Section 2. Each career and technical education program offered in the facility shall meet the minimum state requirements for teachers, curriculum, and equipment.
Section 3. The area technology center may be available, on a need basis, to offer programs for postsecondary students.
Section 4. The area technology center shall have sufficient land for building, expansion, and parking.
History
- RELATES TO: KRS 151B.025(3), 151B.150
- STATUTORY AUTHORITY: KRS 151B.025(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.025(3) gives the Office of Career and Technical Education the responsibility for all administrative functions of the state in relation to the management, control, and operation of state-operated secondary area vocational education and technology centers. This administrative regulation establishes facility standards for an area technology center.
- History: 17 Ky.R. 760; eff. 10-14-1990; 22 Ky.R. 378; 737; eff. 10-5-1995; 26 Ky.R. 2327; 27 Ky.R. 966; eff. 10-16-2000; 35 Ky.R. 1904; eff. 5-1-2009; Crt eff. 11-16-2018.
780 KAR 7:040 Facility maintenance {#sec-780-kar-7-040 omnilex-key=us-ky-regs-official--title-780--780 KAR 7:040}
Section 1. An area technology center owned by a local board of education shall:
(1) Be maintained in accordance with 705 KAR 3:141; and
(2) Expend at a minimum the share of funds awarded to the local board through the SEEK funds earmarked in the Kentucky Department of Education's budget for the operation of state-operated secondary area technology centers programs in state-operated facilities.
History
- RELATES TO: KRS 151B.025(3), 151B.150
- STATUTORY AUTHORITY: KRS 151B.025(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.025(3) gives the Office of Career and Technical Education the responsibility for all administrative functions of the state in relation to the management, control, and operation of state-operated secondary area technology centers. This administrative regulation establishes requirements for the maintenance of state-operated secondary area technology centers.
- History: 780 KAR 007:040. 17 Ky.R. 762; eff. 10-14-1990; 22 Ky.R. 380; 739; eff. 10-5-1995; 26 Ky.R. 2328; 27 Ky.R. 966; eff. 10-16-2000; 35 Ky.R. 1907; eff. 5-1-2009; Crt eff. 11-16-2018; Crt eff. 10-2-2025.
780 KAR 7:060 Equipment inventory and insurance {#sec-780-kar-7-060 omnilex-key=us-ky-regs-official--title-780--780 KAR 7:060}
Section 1. Definitions.
(1) "Fund" means the State Fire and Tornado Insurance Fund.
(2) "Kentucky TECH schools" means the system of state-operated secondary career and technical education programs in the area technology centers.
Section 2.
(1) The Office of Administration and Support shall be responsible for the management and control of an inventory system for career and technical education programs.
(2) Pursuant to KRS 45.313, all equipment with a value of $500 or more acquired in whole or in part with state funds shall be maintained on this inventory and identified in accordance with 200 KAR 5:021.
(3) The area technology centers shall be responsible for conducting an annual inventory of all property.
(4) All equipment acquired in whole or in part with federal funds shall be maintained on the current inventory.
Section 3. Except as provided in subsections (1), (2), and (3) of this section, all career and technical education equipment in the Kentucky TECH schools shall be covered by the State Fire and Tornado Insurance Fund regular policy underwritten by the Commonwealth of Kentucky.
(1) Equipment insured for full coverage under the state computer insurance policy shall not be covered under the fund.
(2) Equipment normally utilized and stationed at remote locations shall be insured under the floater clause in the fund.
(3) Equipment on loan from industry requiring insurance shall be insured under the Inland Marine policy underwritten by the Commonwealth of Kentucky.
History
- RELATES TO: KRS 45.301(1)(f), 45.313, 56.070-56.100, 156.802(3), 156.852
- STATUTORY AUTHORITY: KRS 156.070(4), (5), 156.802(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(4) requires the Kentucky Board of Education to promulgate administrative regulations for the efficient management, control, and operation of schools and programs under its jurisdiction. KRS 156.802(3) authorizes the Kentucky Department of Education to manage, control, and operate state vocational education and technology centers. KRS 156.070(5) requires the board to establish policy relating to equipment contracts. This administrative regulation establishes policy and operating procedures concerning the inventory and insurance of state-operated career and technical education equipment.
- History: 17 Ky.R. 763; eff. 10-14-1990; Am. 22 Ky.R. 381; 739; eff. 10-5-1995; 26 Ky.R. 2329; 27 Ky.R. 966; eff. 10-16-2000; 35 Ky.R. 1905; eff. 5-1-2009; 42 Ky.R. 2951; 43 Ky.R. 208; eff. 9-2-2016; Cert. eff. 8-7-2023.
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