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2011 Kentucky Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagky0037 and id is 1 raw text is: OAG 11-001

Subject:

Requested by:
Written by:
Syllabus:
Statutes construed:

OAG cited:

January 26, 2011
Application of KRS 160.380(2)(g) to itinerant public school
teachers
Alicia A. Sneed, Esq.
Director of Legal Services
Education Professional Standards Board
James M. Herrick
Assistant Attorney General
Outside the grandfather clause, KRS 160.380(2)(g) does not
allow for any work by a certified employee in a school
where the employee is a relative of the principal.
KRS 160.380(2)(g), KRS 160.345(2)(f)

OAG 91-28

Opinion of the Attorney General
Alicia A. Sneed, Director of Legal Services for the Education Professional
Standards Board, had requested an opinion from this office as to the application
of a nepotism statute, KRS 160.380(2)(g), to teachers who are designated as
district-wide or itinerant; i.e., who perform duties at multiple locations in a
school district. Teachers designated as district-wide are hired directly by the
superintendent of the school district pursuant to KRS 160.370, 160.380(2)(a), and
160.390(1), whereas teachers in a single school, known as school-level employ-
ees, are hired by the principal after consultation with the site-based school
council pursuant to KRS 160.345(h). We have received written comments from
the Department of Education and the Office of Education Accountability.