Request By:
Senator Perry B. Clark
Opinion
Opinion By: Jack Conway, Attorney General; Craig F. Newbern, Jr., Assistant Attorney General
Opinion of the Attorney General
The following question, in substance, has been presented: Are the practices of the Jefferson County Public School System (JCPS) in compliance with Kentucky law regarding the posting and notification of job vacancies within the school district?
KRS 160.380(1)(c) defines vacancy as:
any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school district, or a new position created in a local school district for which certification is required. However, if an employer-employee bargained contract contains procedures for filling certified position openings created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member, or creation of a new position for which certification is required, a vacancy shall not exist, unless certified positions remain open after compliance with those procedures.
Absent an employer-employee bargained contract, whenever a certified employee resigns, is dismissed or his contract is not renewed, or if he is transferred or dies, a vacancy is created. In addition, if a new certified position is created a vacancy exists.
Pursuant to KRS 160.380(2)(b):
When a vacancy occurs in a local school district, the superintendent shall notify the chief state school officer thirty (30) days before the position shall be filled. The chief state school officer shall keep a registry of local district vacancies which shall be made available to the public. The local school district shall post position openings in the local board office for public viewing.
When a vacancy occurs in a local school district, the superintendent must notify the Kentucky Department of Education (KDE) and post the openings in the local school board office for 30 days before filling the position.
We are of the opinion that vacancy is not defined by reference to a particular position in a particular school building. We reached this same opinion in OAG 61-559, OAG 76-436 and OAG 91-149. Those opinions, interpreting KRS 161.720, establish that employment of a certified teacher, under either a limited or continuing contract, is employment in the school district only and not in a particular position or building 1.
Currently, when JCPS has or expects to have openings for certified positions 2, JCPS notifies KDE at least 60 days before the position is filled. JCPS typically posts vacancies for several types of certified positions in November and December of each school year. As soon as one of these certified positions is available in a particular school building, JCPS posts the information about that particular school building with KDE and internally within JCPS. KRS 160.380 does not require these notifications to list a particular school building for each certified position vacancy. The statute defines vacancy by reference to the certified position within the school district that is vacant, not by reference to a particular job in a particular building.
It is the opinion of the Office of the Attorney General that JCPS's current method of annually posting job vacancies for certified positions on a district wide basis, followed by posting of specific school building jobs as they are known to be available, complies with the requirements of KRS 160.380.
Footnotes
Footnotes
1 KRS 161.720(4)
2 KRS 161.020(1) requires certification for the positions of "superintendent, principal, teacher, supervisor, director of pupil personnel, or other public school position for which certificates may be issued.