16 KAR 1:030. Procedures for certificate revocation, suspension, reinstatement and reissuance, and application denial.

 

      RELATES TO: KRS 161.028(1), 161.120, 218A.010(5)

      STATUTORY AUTHORITY: KRS 161.028(1), 161.175(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.028(1) authorizes the Education Professional Standards Board to establish standards and requirements for obtaining and maintaining a teaching certificate. KRS 161.175(2) authorizes the Education Professional Standards Board to promulgate administrative regulations requiring a teacher whose certificate has been suspended or revoked by the Education Professional Standards Board because the teacher engaged in misconduct involving the illegal use of controlled substances to submit to drug testing. This administrative regulation identifies the conditions for initiating a disciplinary action against a teaching or administrative certificate and establishes procedures for certificate reinstatement, reissuance, and application denial.

 

      Section 1. Initiating Disciplinary Action Against a Certificate. The Education Professional Standards Board may initiate disciplinary action against a Kentucky teaching or administrative certificate upon receipt from any source of a report or complaint which contains allegations that an individual who holds a Kentucky teaching or administrative certificate has engaged in conduct listed in KRS 161.120(1).

 

      Section 2. Reinstatement and Reissuance of Certificate. (1)(a) A certificate that has been suspended by the Education Professional Standards Board shall not be reinstated until the certificate holder has met all conditions and requirements ordered by the Education Professional Standards Board.

      (b) If a certificate lapses during a period of suspension, at the end of the suspension period and upon completion of all conditions and requirements ordered by the Education Professional Standards Board, the certificate holder shall apply for renewal of the certificate and shall meet all educational requirements for renewal of the certificate.

      (2) An individual whose certificate has been revoked shall complete the "Application for Kentucky Certification or Change in Salary Rank", Form TC-1, incorporated by reference in 16 KAR 2:010, prior to the reissuance of the certificate.

      (3) The burden of proving suitability for reissuance of a revoked certificate shall rest on the applicant seeking reinstatement.

      (4) If reissuing a certificate, the Education Professional Standards Board may include terms and conditions that the board reasonably deems appropriate as a condition of reissuance in accordance with KRS 161.120(11)(b).

      (5) An applicant for reissuance of a revoked certificate shall satisfy all current educational requirements for the certificate.

      (6)(a) If a certificate is suspended or revoked because the certificate holder engaged in misconduct involving the illegal use of a controlled substance as defined in KRS 218A.010(5), in addition to conditions for reinstatement or reissuance, the certificate holder shall at the certificate holder's own expense provide written evidence that the certificate holder has submitted to a drug test administered by a drug testing facility approved by the Education Professional Standards Board within thirty (30) days of reinstatement or submission of an application for reissuance of the certificate.

      (b) If the results of the drug test indicate drug use by the certificate holder, the certificate shall not be reinstated or reissued.

      (c) The certificate holder shall arrange for the drug testing facility to send the results of the drug test directly to the Education Professional Standards Board.

      (d) A drug test conducted under this subsection shall at a minimum test for the following controlled substances:

      1. Marijuana;

      2. Cocaine;

      3. Opiates;

      4. Amphetamines;

      5. Phencyclidene;

      6. Morphine;

      7. MDMA (Ecstasy);

      8. Methadone;

      9.Benzodiazepines;

      10. Barbiturates; and

      11. Oxycodone.

      (e)1. A certificate holder subject to the terms of this subsection may petition the Education Professional Standards Board to approve a drug testing facility of the certificate holder's choice.

      2. The petition shall contain the following information:

      a. The drug testing facility’s name and location;

      b. The name and telephone number for the director of the facility;

      c. The method of test specimen collection;

      d. The drug testing facility’s method of assuring identity of the test subject;

      e. Procedures for testing specimens, including forensic testing methods; and

      f. Chain of custody protocols.

 

      Section 3. Denial of Application for a Certificate. If the Education Professional Standards Board denies an individual's application for a Kentucky teaching or administrative certificate pursuant to this administrative regulation, the individual may file an appeal in accordance with KRS 161.120(5)(a)2. (19 Ky.R. 1264; Am. 1599; 1751; eff. 2-4-93; 20 Ky.R. 633; eff. 11-4-93; 23 Ky.R. 3617; 4124; eff. 6-16-97; recodified from 704 KAR 20:585, 7-2-2002; 33 Ky.R. 3423; 34 Ky.R. 9; eff. 7-19-2007.)