780 KAR 3:110. Disciplinary actions.

      RELATES TO: KRS 151B.035

      STATUTORY AUTHORITY: KRS 151B.035

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the State Board for Adult and Technical Education to promulgate comprehensive administrative regulations with the provisions of KRS 151B.035. KRS 151B.035 specifies that the state board promulgate administrative regulations for the certified and equivalent staff governing dismissals, suspensions, and any other disciplinary measures.

      Section 1. General Provision. Except as otherwise provided in these administrative regulations, the tenure of an employee in the certified and equivalent personnel system shall be during good behavior and the satisfactory performance of his duties. The appointing authority may discipline employees for lack of good behavior or the unsatisfactory performance of duties. Lack of good behavior or the unsatisfactory performance of duties include but are not limited to the following:

      (1) Insubordination, including but not limited to violations of lawful rules and administrative regulations established for the operation of schools and central office in the Department of Adult and Technical Education and refusal to recognize or obey the regional executive director, school director, school principal, or any other supervisory personnel with the department in the performance of their duties;

      (2) Immoral character or unbecoming conduct;

      (3) Inefficiency, incompetency, or neglect of duty, when a written statement identifying the problems or difficulties has been furnished the individuals involved including but not limited to;

      (a) Chronic absenteeism or excessive tardiness;

      (b) Inability to control students or exert appropriate supervision of subordinates;

      (c) Inappropriate discipline of students or treatment of subordinates and peers;

      (d) Poor teaching or supervisory habits;

      (e) Lack of completion of records and required reports.

      Section 2. Dismissals. When the employee is notified, copies of the notice of intent to dismiss and the notice of dismissal or other penalization shall be forwarded to the commissioner of Adult and Technical Education on the same date notice is delivered to the employee. Probationary and limited status employees do not have appeal rights except as provided in KRS Chapter 151B, Section 6(6).

      Section 3. Demotion. When the employee is notified, copies of the notice of demotion shall be forwarded to the Commissioner of Adult and Technical Education on the same date the notice is delivered to the employee.

      Section 4. Suspension. When the employee is notified, copies of the notice of suspension shall be forwarded to the Commissioner of Adult and Technical Education on the same date the notice is delivered to the employee. (17 Ky.R. 745; eff. 10-14-90.)