Request By:
Mr. Robert S. Boggs
Superintendent
Morgan County Schools
West Liberty, Kentucky 41472
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
You have asked the Office of the Attorney General to advise you regarding the status of an employe of the Morgan County Board of Education who has the following teaching experience: 1964-1970TeacherMorgan County School System1970-1977TeacherFrenchburg CorrectionalFacility (State)1977-1978TeacherMorgan County School System
You have presented two questions concerning this matter for an opinion:
1. Because of the fact that he had tenure for the 5-1/2 years previously taught in Morgan County, does this entitle him to tenure if rehired for the 1978-79 school year? Does the employee retain or regain tenure after a year of probation?
2. Does having worked 7 years for the State Department of Corrections as a teacher of general curricula classes equivalent to any elementary or high school in the state entitle him to some type of tenure even though he wasn't hired by a county board of education?
It is our opinion the teacher in question under the circumstances presented is not eligible for tenure in the Morgan County Schools until having once again completed four consecutive years in the district or has taught four years within a six-year period in the system. See KRS 161.740. Cf. OAG 74-421 with OAG 76-277 and
Estill County Board of Education v. Rose, 518 S.W.2d 341 (1974), copies of each attached. The teacher in question would have had to resign from the teaching position held with the Morgan County Schools in order to accept employment with the state. A resignation terminates continuing service contract status. KRS 161.720(4). Since the teacher has not been employed by another public common school, the portable tenure provision of KRS 161.740(1)(c) is inapplicable.
As for your second question, there is only one type of tenure provided for teachers in Kentucky's public common schools and the application of these tenure laws to the present circumstances has been discussed above.