1. Presented by V. Wayne Young, Executive Director and General Counsel Kentucky Association of School Administrators KASA Education Law and Finance Institute March, 2015

2. Kentucky Case Law Only two cases Case one - “Qualified official immunity” Case two - “Exhaustion of administrative remedies” Highly technical, but important One serious side effect, however:

3. Kentucky Case Law

4. Beward v. Whitaker Student injured in school hallway just prior to beginning of the school day No teachers or administrators present; regular teacher assigned to that area was absent that day; no written procedure for substitutes School had a student discipline code and written supervision schedule School officials were sued, and sought dismissal of the suit based on “qualified official immunity”

5. Beward v. Whitaker Qualified official immunity is available to school personnel for performing “discretionary functions, in good faith, within the scope of their authority” There is no immunity for performing a “ministerial” function – “one that requires only obedience... [or] is absolute, certain, and imperative” Kentucky Court of Appeals ruled that enforcement of the supervision schedule was ministerial, and thus the school officials were not immune from suit

6. Jefferson County BOE v. Hopper Teacher was hired on limited contract subject to receipt of a criminal records check Check revealed convictions in Pennsylvania Teacher was terminated; filed suit claiming breach of employment contract, and other claims Board sought dismissal for failure to exhaust administrative remedies; that is, failure to seek a tribunal under KRS 161.790 Trial court and Court of Appeals ruled that seeking relief under KRS 161.790 was not required

7. Jefferson County BOE v. Hopper Kentucky Supreme Court reversed: a decision to “forego the institution of administrative proceedings does not entitle the teacher to instead challenge his disciplinary claims in court.” The legislature created KRS 161.790 to provide “an effective and neutral means by which to resolve disputes arising from teacher discipline.” The jurisdiction of the court arises only “after the administrative process is complete.”

8. Kentucky General Assembly House Bill 4 – passed the House as an authorization of $3.3B in bonds; amended in the Senate to be a legislative study of KTRS; House refused to agree; currently before a conference committee House Bill 8 – creates “interpersonal protective orders” for incidents of dating violence; includes minors, and requires judges to impose conditions “that have the least disruption in the administration of education to the parties while providing appropriate protection to the petitioner”, if parties are enrolled in the same school district; amended, currently awaiting Senate action

9. Kentucky General Assembly House Bill 163 – provides that local school districts do not have to pay health insurance costs for retirees who are employed less than 80 days per year; awaiting Senate action House Bill 236 – permits local school boards to add a student to the superintendent screening committee; amendments filed in Senate to include the contents of Senate Bill 71, relating to student religious expression, and senate Bill 76, relating to use of school facilities be transgendered students; awaiting action on Senate floor

10. Kentucky General Assembly House Bill 449, House Bill 498 and Senate Bill 132 (try to keep up!): HB 449 originally provided that PLA schools that remain in PLA status for 4 years must develop an internal intervention option; HB 498 provides for “targeted focus schools” to be audited and develop an “internal innovation plan”; SB 132 originally provided that superintendents could select the principal in a focus school or a school in “precipitate decline”

11. Kentucky General Assembly Status: HB 449 passed the House but was amended in the Senate to become SB 132; the House has refused to agree and appointed a conference committee; the Senate has not yet acted SB 132 passed the Senate but was amended in the House to become HB 498; bill is awaiting House action HB 498 is intact and awaiting House action Hopelessly confused? Congratulations! You are now qualified to serve in the legislature!

12. Kentucky General Assembly Senate Bill 119 – requires most school employees to receive training every two years in identifying child abuse; contains snow day relief as follows: Schools must complete 1062 hours of instruction by June 5, or receive a waiver from the commissioner School districts without polling places may go to school on primary election day Graduation can occur before the end of the school year The instructional day may be extended up to 7 hours in length