Request By:
Honorable Nelson R. Allen
State Senator
507 Bellefonte - Princess Road
Route #5
Ashland, Kentucky 41101
Opinion
Opinion By: David L. Armstrong, Attorney General; Kevin M. Noland, General Counsel
Thank you for your recent letter to the Attorney General's Office. As a State Senator, you have requested an opinion regarding the proper interpretation of KRS 161.044(1), which provides in pertinent part:
" . . . All teacher aides working in kindergarten classes and all teacher aides employed after July 1, 1986, except those with teacher certification, shall be subject to the following requirements:
(a) A high school diploma or a high school equivalency certificate;
(b) A passing score on an achievement test. The content of the test and the minimum score shall be determined by the state board of education;
(c) Successful completion of an in-service training program established by the state board of education; and
(d) An annual evaluation by the appropriate school administrator with input from the supervising teacher or teachers. " (Emphasis added).
Specifically, your question is whether non-kinder-garden teacher aides initially employed prior to July 1, 1986, will be subject to meeting the qualifications required by KRS 161.044.
Your question is not easily answered and involves a matter of statutory construction. The phrase in 161.044(1), " . . . all teacher aides employed after July 1, 1986" could be interpreted to mean all teacher aides working after July 1. If this were the case, teacher aides hired prior to July 1 would be subject to the enumerated requirements. Another possible interpretation is that "all teacher aides employed after July 1" means only those teacher aides initially hired after July 1. Under this approach, those hired before July 1 would not be subject to the statutory requirements.
Examining the phrase under consideration in the context of the statute, it appears that the latter interpretation is more reasonable. The statute states: "[a]ll teachers aides working in kindergarten classes and all teacher aides employed after July 1 . . .". Had the legislature intended to require all non-kindergarten teacher aides to comply with 161.044(1) without respect to when they were hired, there would have been no need to include the phrase "employed after July 1."
In conclusion, the distinction in KRS 161.044(1) between kindergarten teacher aides and the other aides was drawn to indicate that all kindergarten teacher aides, regardless of when they were hired, must comply with the requirements, while non-kindergarten aides must comply only if they were initally hired after July 1, 1986.
We hope his adequately responds to your inquiry.