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Policies and Procedures

Site: Education Professional Standards Board
Site: Board Information
Book: Policies and Procedures
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Date: Tuesday, April 23, 2019, 12:15 AM

1. Open Records Policy

  • Approved June 13, 2016

Open Records Requests and Records Retention

The Education Professional Standards Board (EPSB) is subject to the Kentucky Open Records Act (KRS 61.870-61.884) and certain requirements with regard to records retention.

Retained Records

The Education Professional Standards Board will maintain and retain its records in accordance with applicable laws and regulations. Unless otherwise provided by law, records may be retained or discarded according to the Records Retention Schedules as adopted by the State Archives and Records Commission.

Public Records

Not all records of the EPSB will necessarily be "public records" under the Open Records Act, and even some public records are exempt from operation of the Act. "Public records" generally mean all books, papers, maps, photographs, cards, tapes, discs, diskettes, records, or other documentary materials prepared, owned, used, in the possession of, or retained by the EPSB.

Requests for Records

Any person may request to inspect or receive copies of the EPSB’s public records. All requests to view or copy the EPSB’s public records pursuant to the Kentucky Open Records Act must be made in writing and must contain the requester’s name and signature. Requesters may use the Request to Inspect Public Records form, but are not required to do so. All Open Records Requests must be submitted via U.S. Mail, email, or hand delivery. Emailed Open Records Requests will be honored only if a signed request is attached to the email. Open Records Requests should be directed to the attention of the EPSB’s Records Custodian. If a requester is requesting to be provided with copies of non-exempt public records, they must provide a sufficiently precise description of the documents they are seeking so as to allow the Records Custodian to readily identify them.

Response

The EPSB has three (3) business days in which to respond to an Open Records Request. This time begins to run the next business day after the request is received.

The response to an Open Record Request may: (1) grant the request, (2) deny the request, (3) explain that there will be a delay in responding to the request; or any combination thereof. To the extent a request is granted, the response will provide a timeframe when the requested non-exempt public documents may be inspected in person, or will inform the requester of the applicable copying charge and postage fee required to be paid before copies of the non-exempt public documents may be provided. To the extent a request is denied, the response will provide the legal cause for the denial. To the extent the full response to a request is delayed, the initial response will give a detailed explanation of the cause for any delay and an estimate of when a complete response may be expected

Copies

To the extent a request is granted, copies of the responsive non-exempt public written records requested may be provided at a cost of $0.10 per page, along with any applicable postage costs, all of which must be pre-paid by the requester. Requests for specialized or non-standard copies (e.g. color or oversized copies) will be provided at the cost incurred by the EPSB to produce them. Copies of non-written records (photographs, maps, material stored in computer files or libraries, etc.) shall be furnished on request, on payment of a charge equal to the actual cost of producing copies of such records by the most economic process not likely to damage or alter the record. The EPSB may also recover costs associated with staff time expended in responding to a request made for a commercial purpose. See KRS §61.870(4), §61.874 and §61.8745. Non-public or exempt information may be redacted as appropriate from copies of otherwise non-exempt public records provided. Costs of less than $10.00 will be waived.

The EPSB requests payment by certified check or money order. The certified check or money order should be made payable to the Kentucky State Treasurer and mailed to the Open Records Custodian, Education Professional Standards Board, 100 Airport Road, Third Floor, Frankfort, Kentucky 40601.

Payment is expected at the time the records are picked up at the EPSB or prior to mailing. No hard copies of requested records will be provided until all payments, including any shipping charges, have been received by the EPSB.

Onsite Examination of Records

To the extent a request is granted, it is requested that individuals wishing to conduct an on-site inspection of non-exempt public records contact the EPSB to schedule an appointment during the regular hours of the EPSB. An on-site inspection may be required by the EPSB if the request is not precise in nature. Public records must be inspected in the location set by the EPSB. During their inspection, a requester may request copies of non-exempt public records (at his/her own cost), but may not remove, alter or add to documents provided for review. The EPSB is responsible for protecting the security of public records in its custody, and may require that a staff member be present during any inspection or copying of its public records.

Denial of Request

Certain public records are exempt from inspection under the Open Records Act. Requests to inspect or receive copies of these exempt records will be denied, as will a request to inspect or receive copies of any other records which are either not public or which are exempt under the Act. Under certain circumstances, the EPSB may find that a request would create an unreasonable burden to comply with, and may deny such a request for that reason. Requests that the EPSB believes are intended to disrupt its essential functions may also be denied. Reasons that a request may be deemed unduly burdensome for compliance, or which may be disruptive to the EPSB may include time and expense involved in retrieving and duplicating the records, or in the type and nature of the request. To the extent a request is denied, the EPSB will provide the legal basis for the denial to the requester.

Additional Information

Your Duty Under the Law, published by the Office of the Attorney General, and other information regarding Open Records Requests may be found online at http://ag.ky.gov/civil/civil-enviro/orom/Pages/default.aspx.

2. Proceedings Relating To Action On An Application For Certification Or An Educator’s Certification

  • Approved April 10, 2017

I. The purpose of this policy is:

  1. to support the mission of Kentucky’s Education Professional Standards Board (Board);
  2. to ensure that the goals and strategies of the Board are met;
  3. to ensure the safety and welfare of Kentucky students and school personnel;
  4. to ensure that educators and applicants are fit to instruct or to supervise students;
  5. to regulate and to enforce the standards of conduct of educators and applicants;
  6. to provide for proceedings relating to certification in conformity with the rules of practice and procedure set forth in KRS Chapter 13B;
  7. to enforce an educators’ code of ethics;
  8. to fairly and efficiently resolve proceedings relating to certification at the least expense possible to the parties and the state;
  9. to promote the development of legal precedents through Board decisions and ensure that proceedings relating to certification are justly resolved; and
  10. to provide for regulation and general administration pursuant to the Board’s enabling statutes.

II. Policy Governing Proceedings Relating to Certification.

  1. A certified educator holds a unique position of public trust with almost unparalleled access to the hearts and minds of impressionable students. The conduct of an educator must be held to the highest standard. Because sanctions are imposed by the Board for reasons of public policy, and are not penal in nature, criminal procedural and punishment standards are not appropriate for proceedings set forth in this section.
  2. The following general principles shall apply:
    1. Because the Board’s primary duty is to promote high levels of student achievement by establishing and enforcing rigorous professional standards for preparation, certification, and responsible and ethical behavior of all professional educators in Kentucky, educator certification must be considered a privilege and not a right.
    2. The Board may take action relating to the certification of an educator or an applicant for the reasons set forth in KRS 161.120(1) and 16 KAR 1:030.

2.1. Procedure: Types of Actions

  • Approved April 10, 2017

I. In order to support the mission of the Education Professional Standards Board (the Board shall be used to refer to the board and the EPSB shall be used to refer to the agency), the Board may take action against an educator’s certificate in an effort to either 1) ensure that an educator has an understanding of an educator’s professional duties and responsibilities; and/or 2) protect students, parents of students, school personnel, or school officials. The Board is authorized to take the actions set forth below.

  1. Admonishment: an admonishment or reprimand (for the purpose of KRS 161.120, the EPSB considers an admonition and a reprimand to be synonymous) is a formal written censure that is placed in the case file of the educator. It is considered appropriate for violations of statute or law that are not serious in nature. KRS 161.120(4). 
  2. Suspension: a suspension is a process by which the Board temporarily deactivates an educator’s certification for a specified period of time, not to exceed two years. KRS 161.120(10). At the conclusion of the specified period of time, the EPSB staff is required to reactivate the educator’s certificate upon a demonstration that the educator has complied with any reinstatement conditions that may be set forth in an Agreed Order or Final Order. KRS 161.120(10).
  3. Revocation: a revocation is a permanent forfeiture of an educator’s certification. The Board is required to establish the minimum period of time before an applicant can reapply for a new certificate. KRS 161.120(11). Once the period of time has expired, the Board may consider a former educator’s re-application for certification upon demonstration by the applicant that the former educator is again fit for practice. KRS 161.120(11).
  4. Probationary or Supervisory Conditions: the Board also has the authority to impose probationary or supervisory conditions upon an educator’s certificate. KRS 161.120(1). This authority shall include the authority to require training.
  5. Surrender: a surrender occurs when an educator voluntarily agrees to a permanent forfeiture of the educator’s certificate.

II. The Board may initiate any combination of the actions listed above regarding any certificate or license issued under KRS 161.010 to 161.100 for any of the reasons set forth in KRS 161.120(1).


2.2. Procedure: Intake and Review of Reports and Complaints

  • Approved April 10, 2017

I. Intake. The EPSB receives reports or complaints alleging conduct listed in KRS 161.120(1). KRS 161.120(2)(a) and 161.120(2)(c).

  1. Superintendents of local school districts have a duty pursuant to KRS 161.120(2) to file with the EPSB reports in writing that contain the full facts and circumstances leading to the contract termination or nonrenewal, resignation, or other absence, conviction, or otherwise reported actions or conduct that might reasonably warrant action against an educator’s certificate under KRS 161.120(1).
    1. A superintendent’s duty to report includes reporting those convictions committed by an educator that occurred prior to the date an educator’s certificate was issued. KRS 161.120(2)(b).
      1. A superintendent must submit a report to the EPSB within 30 days of the event giving rise to the duty to report. KRS 161.120(2)(a).
      2. If the event giving rise to the duty to report relates to an educator’s criminal conviction, then the superintendent must submit a report to the EPSB within 30 days after the superintendent or designee became aware of the criminal conviction.
      3. The duty to report exists without regard to any disciplinary action, or lack thereof, by the superintendent. KRS 161.120(2)(a).
  2. B. Pursuant to KRS 161.120(2)(c), the EPSB may consider complaints or reports from any other source, but the EPSB will only accept written, signed complaints.

II. Review. The EPSB’s Executive Director and the EPSB staff will review all reports and complaints to determine whether the report or complaint contains sufficient credible evidence that a violation of KRS 161.120(1) may have occurred.

  1. If the report or the complaint contains insufficient credible evidence that conduct may have occurred that would constitute a violation of KRS 161.120(1), the EPSB staff will gather additional information or facts through public sources.
  2. After an attempt has been made to obtain additional information or facts from public sources, the EPSB’s Executive Director and the EPSB staff will re-evaluate the report or complaint to determine if there is sufficient credible evidence to establish that a violation of KRS 161.120(1) may have occurred. If there is still insufficient credible evidence that a violation of KRS 161.120(1) has occurred, no further action will be taken, but the report or complaint will be kept on file in the event additional information is received.
    1. Reports or complaints that relate to an educator where there is insufficient credible evidence that a violation of KRS 161.120(1) occurred will be kept on file for five (5) years from the date the EPSB’s Executive Director and the EPSB staff determined there is insufficient evidence that a violation occurred.
    2. Reports or complaints that relate to a non-certified individual will be kept on file for one (1) year after the notification of the death of that individual.
    3. Reports or complaints kept on file are not subject to disclosure pursuant to KRS 61.878(1)(h). See OAG 91-198.

III. Notice to Educator.

  1. A. If the report or complaint contains sufficient credible evidence that a violation of KRS 161.120(1) may have occurred, the EPSB staff will open a case file and assign that file a number.
    1. If multiple reports or complaints are received regarding an educator before any action is taken by the Board, all of the reports and/or complaints will be consolidated into a single case file;
    2. If multiple reports or complaints are received regarding an educator after the Board has issued a dismissal; a deferral for training; an admonishment (and the educator has not requested that the matter be referred to hearing); or an admonishment with training (and the educator has not requested that the matter be referred to hearing) and the matter is otherwise closed, the reports or complaints will be given a new case file number; or
    3. If an additional report or complaint is received by the EPSB staff after the Board has referred the matter for Attorney Review and Investigation, the additional report or complaint will be consolidated with the existing case file.

      When a complaint or report is consolidated with an existing case file, a copy of the complaint or report will be sent to the educator or the educator’s attorney. The educator or the educator’s attorney will be given the opportunity to submit a rebuttal. If a rebuttal is submitted, it will be included in the educator’s case file.
  2. When a case file is opened, the EPSB staff shall ensure that the educator is served with a copy of the written complaint or report alleging violations of KRS 161.120(1) along with a Notification of Report or Complaint (Notification) to the educator’s last known address on file with the EPSB. The Notification shall:
    1. Notify the educator that the EPSB has received a report or complaint pursuant to KRS 161.120(1);
    2. Provide the educator with a copy of the report or complaint;
    3. Notify the educator that the educator has thirty (30) days from the date the educator receives the Notification to provide the EPSB with a written rebuttal.
    4. Notify the educator that the Board will review the report or complaint and written rebuttal to determine whether further action is necessary.
    5. Notify the educator that the report or complaint is deemed confidential and should not be disclosed by the educator for any other purpose other than for preparing a rebuttal.
    6. Notify the educator that all names, addresses, and counties will be redacted in order to protect the confidentiality of the educator and witnesses.

IV. The educator shall have the right to file a rebuttal with the EPSB within thirty (30) days from the date the educator receives the complaint or report from the EPSB, unless the parties agree to extend the time.

V. The EPSB staff shall add the case to the EPSB's docket and prepare the case file for the Board to review by redacting all the educator's identifiers if one (1) of the following occurs:

  1. the educator’s rebuttal is received;
  2. the Notice is returned as undeliverable; or
  3. the educator:
    1. fails to file a rebuttal with the EPSB; and
    2. has not requested to extend the thirty (30) day deadline.

2.3. Procedure: Board Action on Reports and Complaints

  • Approved April 10, 2017

I. In advance of each of its regularly scheduled Board meetings, the Board will receive summaries of the Reports and Complaints as well as redacted copies of the full corresponding written rebuttals for those matters it will be reviewing at the Board meeting.

  1. If a member of the Board wants to review redacted copies of actual Reports and/or Complaints at the Board meeting, the Board member shall be given access to the full redacted case file on the day of the Board meeting.
  2. To the greatest extent possible, the Board member wishing to access the redacted case file shall make a request to the Executive Director, in advance of the Board meeting to give the EPSB staff sufficient time to redact the case file.

II. Board Review. At each regularly scheduled Board meeting, the Board will discuss the Reports and Complaints in closed session.

  1. When making a determination as to how to proceed, the Board shall consider the following factors:
    1. the seriousness of the alleged violation;
    2. whether the alleged misconduct was premeditated or intentional;
    3. attempted concealment of alleged misconduct;
    4. prior misconduct;
    5. whether training is appropriate to prevent further violations;
    6. whether the sanction is necessary to deter future violations; and
    7. any other relevant circumstances or facts.
  2. Permanent revocation may be warranted in some cases. Examples of some cases where permanent revocation may be warranted may include, but are not limited to, the following scenarios:
    1. engaged in any sexual contact with a student or minor;
    2. solicited any sexual contact with a student or minor;
    3. possessed or distributed child pornography;
    4. was registered as a sex offender;
    5. committed criminal homicide;
    6. transferred, sold, distributed, or conspired to possess, transfer, sell, or distribute any controlled substance, the possession of which would be at least a Class A misdemeanor under the Kentucky Revised Statutes, Chapter 218A, on school property; or
    7. sanctioned misconduct in another jurisdiction. The findings of fact contained in final orders from any other jurisdiction may provide the factual basis for EPSB action, if the underlying conduct for the administrative sanction of an educator’s certificate or license issued in another jurisdiction is a violation of Kentucky law.

III. Board Action. The Board may take action upon confirmation that a quorum exists. If a quorum exists, the Board may take one of the following actions by majority vote:

  1. Deferral. Deferral is appropriate when more information is needed before the Board can take action; the report or complaint will only be deferred until the next Board meeting.
    1. If, by majority vote, the Board decides that it would like additional information before taking any further action, the Board shall direct the EPSB staff to gather additional information from the reporting school district and/or from public sources and bring the case back before the Board as part of the Docket.
    2. The EPSB staff shall either provide the additional information sought by the Board at the next regularly scheduled Board meeting or, if the additional information is not available by the next regularly scheduled Board meeting, the EPSB staff shall be prepared to update the Board as to when the EPSB staff anticipates that the additional information will be received.
    3. A deferral does not constitute a final action.
  2. Dismissal. Dismissal is based on other factors including, but not limited to, lack of evidence, incomplete reporting, and refusal by witnesses to co-operate. A dismissal at this juncture does not prohibit the alleged conduct from being the subject of a new report or complaint brought back before the Board.
    1. An Order of Dismissal constitutes final action.
    2. The Board reserves the right to review the case file at a later date should additional information be received in the future.
    3. Orders of Dismissal are filed as part of the case file. Pursuant to the EPSB’s Records Retention Schedule, Educator Disciplinary Records must be retained one (1) year after notification of the educator’s death.
  3. Deferral for Training. Deferral for Training is appropriate when the Board determines that additional professional development of an educator is warranted. The Board shall require the educator to undergo specific training within a specific time period. Upon completion of training, the educator will be required to present written proof of training to the Board. The Board will then enter an Order of Dismissal if satisfied that the educator has satisfied the training requirement.
    1. If the educator fails to either complete training or fails to provide evidence to the Board of completed training during the required timeframe, the EPSB staff will put the case back on the Docket for possible further action by the Board.
    2. Deferral for Training does not constitute final action.
  4. Admonishment. The Board may issue a written admonishment to the educator if the Board determines, based on the evidence, a violation has occurred, but the violation is not of a serious nature. KRS 161.120(4).
    1. The EPSB staff shall send a copy of the written admonishment to the educator’s address on file with the EPSB.
    2. Upon receipt of the written admonishment, the educator may:
      1. Accept the written admonishment;
      2. Accept the written admonishment, but provide a response within thirty (30) days of receipt of the admonishment and have it placed in the educator’s case file along with the written admonishment; o
      3. Not accept the written admonishment and, within thirty (30) days of receipt of the admonishment, request that the matter be referred to hearing. Upon receipt of the request for hearing, the Board will set the admonishment aside and will refer the matter to a hearing.
    3. Once the period of time for the educator to respond has ended, the EPSB shall take one of the following actions:
      1. If the educator accepts the admonishment, the EPSB will place the admonishment and the educator’s response (if any) in the educator’s case file; or
      2. If the educator does not accept the admonishment and requests a hearing, the EPSB staff will recommend to the Board that the matter be referred for hearing.
    4. If the educator accepts the admonishment, the admonishment is considered final action.
    5. The EPSB staff, a hearing officer, and the Board may consider any past written admonishments when seeking, recommending, or ordering sanctions based on subsequently obtained evidence of similar improper or criminal conduct by the educator.
  5. Admonishment with Training. The Board may issue a written admonishment with training if the Board determines, based on the evidence, a violation has occurred, the violation is not of a serious nature, and that the additional professional development is warranted to prevent future violations. The Board shall require the educator to undergo specific training within a specific time period. Upon completion of training, the educator will be required to present written proof of training to the Board. If the educator fails to complete the training within the specified timeframe, the Board may consider taking additional action. In all other respects, the process for imposition of an Admonishment with Training will be handled in the same manner as the Admonishment alone.
  6. Referral for Attorney Review and Investigation. Referral for Attorney Review is appropriate when the alleged conduct, should it be substantiated, would warrant sanctions. During this phase, the assigned attorney will review and evaluate the evidence; determine if more evidence is needed; and prepare a recommendation for the Board as to whether the report or complaint should be referred to hearing.
    1. After the Board refers a report or complaint for attorney review and investigation, an attorney will be assigned to handle the report or complaint. The assigned attorney will be responsible for all aspects of the action through final disposition.
    2. The EPSB shall be responsible for sending a Notification of Referral for Attorney Review and Investigation (Notice of Referral) to the educator.
    3. Contents of Notice of Referral.
      1. The Notice of Referral shall notify the educator that the Board has referred the report or complaint for further review and investigation.
      2. The Notice of Referral shall notify the educator of the right to provide evidence that the educator’s conduct did not constitute a violation of law or ethics.
      3. The Notice of Referral shall be sent to the educator’s address on file with the EPSB.
    4. Review and Investigation.
      1. The assigned attorney will review the evidence contained in the investigative case file and determine what additional evidence is needed to evaluate the case.
      2. The assigned attorney will take all steps necessary to gather information or evidence necessary to evaluate case.
    5. Recommendations for Resolution
      1. Once the assigned attorney is satisfied that all information and evidence reasonably available has been collected, the attorney shall:
        1. recommend that the case be referred for hearing;
        2. recommend that an agreed order be approved; or
        3. recommend that the case be dismissed for lack of evidence or insufficiency of evidence.
      2. At any point after a report or complaint has been referred for investigation and review or referred to hearing, the EPSB staff has the authority to enter into discussions with an educator or an educator’s attorney to resolve the action by agreed order.
      3. An agreed order is appropriate when there is sufficient evidence that could result in a finding that the alleged misconduct did occur and the educator is willing to accept sanctions without going to the expense of a hearing.
      4. All agreed orders must be approved by a majority of the Board, and signed by the Board chair.
    6. The educator has the right to request a hearing at any point after an Agreed Order has been offered and rejected.
  7. Referral to Hearing. Referral to Hearing is appropriate when the Board is satisfied, based on the report provided by the EPSB staff that the alleged conduct occurred and that sanctions are warranted. Referral to Hearing is also appropriate when the educator requests a hearing after receiving a written admonishment.
  8. Notice of Board Action on Reports or Complaints. Once the Board has taken any of the actions set forth above, the Executive Director shall issue a Notice of Action on Report or Complaint to the educator.
    1. The Notice of Board Action on Reports or Complaints (Notice of Board Action) shall be signed by the Executive Director or the Board Chair.
    2. The Notice of Board Action will be sent as soon as practicable to the educator’s address on file with the EPSB.
    3. The Notice of Board Action will also be sent to the reporting party.

2.4. Procedure: Pre-Hearing Phase

  • Approved April 10, 2017

I. Referral to Hearing. When the Board determines that the allegations warrant sanctions, the Board shall refer the matter to hearing. The administrative hearing shall be conducted in conformance with KRS Chapter 13B. KRS 161.120(5)(a).

II. Commencement of Disciplinary Action. The disciplinary process begins once the Board approves and issues a Notice of Hearing and Statement of Charges and Issues prepared by the attorney assigned by the EPSB staff to handle the case.

  1. Notice of Hearing and Statement of Charges and Issues. The Notice of Hearing and Statement of Charges (Statement of Charges) shall inform the educator of the specific reason for the proposed administrative hearing action. Specifically, the Statement of Charges should including at least the following information:
    1. Statutory or regulatory violation(s);
    2. Factual basis on which the disciplinary action is based; and
    3. Penalty sought.
  2. The Notice of Hearing and Statement of Charges shall be sent to the educator’s address on file with the EPSB.
  3. Pursuant to KRS 161.120(5)(c), the Board may elect to conduct the disciplinary hearing before the full Board, a panel of three (3) members of the Board, or a person appointed as hearing officer by the Board pursuant to KRS 13B.030(1).
    1. If the Board elects to proceed by the appointment of a hearing officer and has not sought permission from the Office of the Attorney General to contract with a private hearing officer, the EPSB staff shall request that the Office of the Attorney General appoint a hearing officer to preside over the administrative hearing.
    2. The EPSB staff will forward a copy of the Statement of Charges to the Office of the Attorney General.
  4. Appointment of Hearing Officer. Once appointed, the hearing officer shall preside over the conduct of an administrative hearing and shall regulate the conduct of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing. KRS 13B.080.
  5. Location of Hearing. Unless otherwise agreed to by the parties, all hearings shall be conducted in the offices of the EPSB, 100 Airport Road, 3rd Floor, Frankfort, KY 40601.
  6. Right to Private Hearing. The educator may request in writing a public or private hearing pursuant to KRS 161.120(5)(b). If the educator fails to specifically request a private hearing, the educator is deemed to have waived the right to a private hearing and a public hearing will be conducted.
  7. Disclosure of Record.
    1. All records relating to a private hearing are generally deemed preliminary and, therefore, exempt from disclosure pursuant to KRS 61.878 and KRS 13B.080 (8) during the hearing phase.
    2. Regardless of whether an educator elects to proceed with a private or public hearing, the Recommended Order and hearing transcript is considered preliminary and, therefore, exempt from disclosure pursuant to KRS 61.878 until the Board issues its Final Order. After the Board issues its Final Order, all records, not otherwise exempt by law, will be subject to disclosure pursuant to Kentucky’s Open Record Act.

2.5. Procedure: Hearing Phase

  • Approved April 10, 2017

I. The hearing officer shall preside over the conduct of an administrative hearing and shall regulate the course of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing. KRS 13B.080(1).

II. Right to Counsel. Any party to an administrative hearing may participate in person or be represented by counsel. KRS 13B.080(5).

III. Record. The original of all filings shall be mailed to the offices of the EPSB, and copies of any filed item shall be served on all parties and the hearing officer by mail, or any other means permitted by law. The EPSB shall stamp the time and date upon the document when the document is received. KRS 13B.080(2).

IV. Pre-Hearing Process.

  1. Pre-Hearing Conference. The hearing officer shall schedule a pre-hearing conference upon reasonable notice to all parties. KRS 13B.070.
    1. During the pre-hearing conference, the hearing officer will explore jurisdictional matters, mediation and settlement possibilities, preparation of stipulations, clarification of issues, rulings on witnesses, taking of evidence, issuance of subpoenas and orders, and other matters that will promote the orderly and prompt conduct of the hearing.
    2. Upon conclusion of a prehearing conference, the hearing officer shall issue a prehearing order incorporating all matters determined at the prehearing conference. If a prehearing conference is not held, the hearing officer may issue a prehearing order, based on the pleadings, to regulate the conduct of the hearing.
  2. Pre-Hearing Matters and Discovery. KRS 13B.080(2) – (3).
    1. The hearing officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, motions, objections, and offers of settlement. The hearing officer, at appropriate stages of the proceedings, may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed recommended or final orders.
    2. The hearing officer may issue subpoenas and discovery orders when requested by a party or on his or her own volition. When a subpoena is disobeyed, any party may apply to the Circuit Court of the judicial circuit in which the administrative hearing is held for an order requiring obedience. Failure to comply with an order of the court shall be cause for punishment as contempt of the court.

V. Default. If a party properly served under KRS 13B.050 fails to attend or participate in a prehearing conference, hearing, or other stage of the administrative hearing process, or fails to comply with the orders of a hearing officer, the hearing officer may adjourn the proceedings and issue a default order granting or denying relief as appropriate. A Default Order shall be considered a Recommended Order and shall be processed as provided in KRS 13B.110. KRS 13B.080(6).

VI. Hearing.

  1. Burden of Proof. KRS 13B.090(7).
    1. The EPSB’s proposed action on a certification currently held.
      1. The EPSB has the burden of proof on any issue, has the burden of going forward, and the ultimate burden of persuasion as to that issue.
      2. The EPSB must demonstrate by the preponderance of evidence in the record that the penalty sought is appropriate.
      3. The educator has the burden of asserting an affirmative defense and has the burden to establish that defense.
    2. Applicant’s appeal on the EPSB’s denial of an application of certification.
      1. The applicant has the burden of proof and the ultimate burden of persuasion as to that issue.
      2. The applicant must demonstrate by the preponderance of evidence in the record entitlement to the benefit sought.
      3. The EPSB has the burden of asserting an affirmative defense and has the burden to establish that defense.
  2. Recommended Order. As appropriate, the presiding hearing officer shall issue a Recommended Order in conformance with the requirements of KRS Chapter 13B.
    1. Timeframe.
      1. The hearing officer shall complete and submit that Recommended Order to the EPSB no later than 60 days after receiving a copy of the official record of the proceeding. KRS 13B.110(1).
      2. If an extension of time is needed, the hearing officer may submit a request to the EPSB in accordance with KRS 13B.110.
    2. Format. In addition to the requirements of KRS Chapter 13B, the Hearing officer’s recommendation shall be consistent with the EPSB’s policy and procedures.
      1. The hearing officer’s Recommended Order shall include only those sanctions that are permitted pursuant to KRS 161.120 (1) and shall not to exceed the time limits set forth in KRS 161.120 (10) – (11).
      2. The hearing officer shall consider the factors set forth in Procedure Section 3, IIA when recommending sanctions.

VII. Filing of Exceptions. A party may file any exceptions to the Recommended Order within 15 days of the date the Recommended Order is mailed in accordance with KRS 13B.110(7), if applicable. This time limit may not be extended and no responses to exceptions shall be considered by the Board.

  1. Service
    1. Exceptions shall be served upon the other party by mail or any other means permitted by law.
    2. Original shall be mailed to the offices of the EPSB.
  2. Waiver. Any disagreement with a factual finding or conclusion of law in the Recommended Order not contained in an exception to the Recommended Order shall be waived.
  3. Form of Exceptions. Each exception or reply to a finding of fact or conclusion of law should be concisely stated and should summarize the evidence in support of each exception.
    1. Any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.
    2. In summarizing evidence, the parties shall include a specific citation to the hearing record where such evidence appears or shall attach the relevant excerpts from the hearing record.
    3. Arguments shall be logical and coherent and citations to authorities shall be complete.
  4. Basis for Exceptions. Exceptions to the Recommended Order may include the following:
    1. the hearing officer has made an incorrect conclusion of law;
    2. the hearing officer has failed to make an essential fact finding;
    3. the hearing officer applied the incorrect burden or standard of proof;
    4. the findings of fact do not support the conclusions of law;
    5. the hearing officer has made a finding of fact that is not supported by the preponderance of the evidence; or
    6. the hearing officer recommended a sanction not permitted by law.
  5. VIII. Disclosure.
    1. All records relating to a private hearing are generally deemed preliminary and, therefore, exempt from disclosure pursuant to KRS 61.878 and KRS 13B.080 (8) during the hearing phase.
    2. Regardless of whether an educator elects to proceed with a private or public hearing, the Recommended Order and hearing transcript are considered preliminary and, therefore, exempt from disclosure pursuant to KRS 61.878 until the EPSB issues its Final Order.

2.6. Procedure: Post-Hearing Phase

  • Approved April 10, 2017

I. Review of Recommended Order. In making the Final Order, the Board shall consider the record including the Recommended Order and any exceptions to the Recommended Order. KRS 13B.120(1).

II. Final Decisions and Orders. After the Board chair certifies that a quorum is present at an EPSB board meeting, a majority vote of the voting members present shall be required to make a final decision on the Recommended Order or request for issuance of a Default Judgment.

  1. The Board may adopt an order, or it may reject or modify, in whole or in part, the Recommended Order submitted by the presiding hearing officer. KRS 13B.120(2).
  2. The Board may remand the matter back to the hearing officer, in whole or in part, for further proceedings as appropriate. KRS 13B.120(2).
  3. If the Final Order differs from the Recommended Order, it shall include a separate statement of the findings of fact and conclusions of law. KRS 13B.120(3).

III. Timeframe. When using the services of a hearing officer, the Board shall render a Final Order within 90 days after the hearing officer submits a Recommended Order to the Board unless the matter is remanded back to the hearing officer for further proceedings. KRS 13B.120(4).

IV. Signature Authority. The Board may delegate to the chair the authority to sign on behalf of a majority of the Board members a decision made or order issued under this section.

V. Disclosure of Case File After Final Decision Issued. Regardless of whether an educator elected to proceed with a public or private hearing, the case file including, but not limited to, the Final Order, the Recommended Order, and the hearing transcript, is subject to disclosure upon the Board’s issuance of its Final Order unless specifically closed by the hearing officer pursuant to a provision of law.

VI. Redaction. Prior to the public disclosure of the case file in accordance with KRS 61.805, et seq., the EPSB staff shall ensure that any information otherwise prohibited from disclosure by law or regulation is redacted.

VII. Administrative Finality.

  1. In accordance with KRS Chapter 13B, Final Orders issued by the Board shall be subject to judicial review by the Franklin Circuit Court. KRS 161.120 (12).
  2. A petition for judicial review shall not automatically stay a Final Order pending the outcome of the review unless a stay is ordered by the Franklin Circuit Court. KRS 13B.140(4).

VIII. Motions to Reconsider, Modify, of Reverse. Under exceptional circumstances, the Board may reconsider, modify, or reverse its decision on any disciplinary matter upon a motion by one of the parties or on its own volition. KRS 161.120(9).

2.7. Procedure: Suspension, Surrender, or Revocation of a Certificate

  • Approved April 10, 2017

I. When the Board issues an order of suspension, surrender, or revocation, the EPSB staff shall mail a copy of the order to the educator’s address on file with the Education Professional Standards Board.

II. A record of the Board action suspending or revoking a certificate shall become part of the educator’s case file maintained by the EPSB staff.

III. Immediately following the issuance of the order, the EPSB staff shall notify, as applicable, the reporting district, the employing school district, and the reporting party of the action taken.

IV. EPSB staff will also ensure that the suspension, surrender, or revocation is noted on the EPSB website. The period of suspension shall only be noted on the website while the certificate is suspended.

V. EPSB staff will also ensure that the information is provided to the National Association of State Directors of Teacher Education and Certification (NASDTEC) for inclusion in The NASDTEC Clearinghouse. The Clearinghouse is a searchable database administered by NASDTEC relating to educator certification and discipline.

2.8. Procedure: Reinstatement of a Suspended Certificate

  • Approved April 10, 2017

I. Reinstatement of a suspended certificate for reasons other than misconduct involving the illegal use of controlled substance as defined in KRS 218A.010(6).

  1. A certificate that has been suspended by the Board shall not be reinstated until the educator has met all conditions and requirements ordered by the Board.
  2. 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 Board, the educator shall apply for the renewal of the certificate and shall meet all educational requirements for renewal of the certificate.
  3. The burden to reinstate a certificate that has been suspended is on the educator.
  4. Conditions.
    1. When the terms of the suspension did not include conditions:
      1. The EPSB staff will reinstate the certificate and remove the reference to the suspension from the EPSB website.
      2. The EPSB staff will notify the educator in writing to the home address on file with the EPSB that the certificate has been reinstated.
      3. The EPSB will notify the school district that employs the educator.
    2. When the terms of the suspension included conditions:
      1. The burden to reinstate the educator’s certificate is on the educator.
      2. The EPSB staff will review the file to determine if the educator has submitted evidence demonstrating that the conditions of suspension were met.
      3. The EPSB staff will reinstate the certificate after the suspension period is concluded and remove from any reference to the suspension from EPSB’s website once the educator has provided evidence that the conditions of suspension have been met.
  5. The record of suspension as well as reinstatement of the certification shall become part of the educator’s case file, but the suspension will not be noted on any future certificate issued to the educator.

II. Reinstatement of a suspended certificate for misconduct involving the illegal use of controlled substance as defined in KRS 218A.010(6).

  1. In addition to conditions for reinstatement or reissuance set forth above, the educator shall, at the educator’s own expense, provide written evidence that the educator has submitted to a drug test administered by a drug testing facility approved by the Board within thirty (30) days of reinstatement or submission of an application for reissuance of the certificate.
  2. The educator shall arrange for the drug testing facility to send the results of the drug test directly to the EPSB.
  3. An educator subject to the terms of this subsection may petition the EPSB to approve a drug testing facility of the educator's choice.
    1. Petition to Approve Drug Testing Facility. The petition shall contain the following information:
      1. the drug testing facility’s name and location;
      2. the name and telephone number for the director of the facility;
      3. the method of test specimen collection;
      4. the drug testing facility’s method of assuring identity of the test subject;
      5. procedures for testing specimens, including forensic testing methods; and
      6. chain of custody protocols.
    2. The Drug Testing Facility must test, at a minimum, the following controlled substances:
      1. Marijuana;
      2. Cocaine;
      3. Opiates;
      4. Amphetamines;
      5. Phencyclidine;
      6. Morphine;
      7. MDMA (Ecstasy);
      8. Methadone;
      9. Benzodiazepines;
      10. Barbiturates; and
      11. Oxycodone.
  4. D. If the results of the drug test indicate drug use by the educator, the certificate shall not be reinstated or reissued.

2.9. Procedure: Reissuance of a Certificate After Surrender or Revocation

  • Approved April 10, 2017

I. When surrender or revocation was for a reason other than misconduct involving the illegal use of controlled substance as defined in KRS 218A.010(6), the following conditions apply:

  1. The former certificate holder must complete the same application that all educators in Kentucky must complete to obtain certification.
  2. The former certificate holder bears the burden of proving that the certificate holder is fit for practice.
  3. The former certificate holder must satisfy all current educational requirements for the certificate sought.
  4. The 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) if reissuing the certificate.

II. When surrender or revocation was for misconduct involving the illegal use of controlled substance as defined in KRS 218A.010(6), the former certificate holder must comply not only with the requirements set forth above for reissuance of certification after revocation for all other offenses, the former certificate holder will also have to submit to drug testing as set out in the procedures for suspension resulting from illegal use of controlled substances.

III. Regardless of the reason for the revocation, the revocation will be noted on the certificate that is issued and will remain on the EPSB website.

IV. The record of surrender or revocation as well as reissuance shall become part of the educator’s case file.

2.10. Procedure: Character and Fitness Applications

  • Approved August 26, 2002

Pursuant to KRS 161.028(1)(a), the Education Professional Standards Board ("the Board") is responsible for establishing standards and requirements for obtaining and maintaining a certificate. Accordingly, all applicants for initial certification and renewal are required to submit a Character and Fitness application. Therein, the applicant is asked several questions pertaining to past convictions or disciplinary action in relation to past employment. Any "yes" answer requires that the Board approve the application.

All such applications are submitted to Legal Services staff and a summary of the self-reported details is prepared and presented at the next regularly-scheduled board meeting.

In evaluating Character and Fitness applications, there are no grounds for automatic denial of certification. However, KRS 160.380(3) prohibits a superintendent from hiring a violent offender or a person convicted of a felony sex crime.

The Board considers, among other things, the nature of the offense, if any children or minors were involved, if any violence or drugs were involved, how long ago the event occurred, the age of the applicant at the time of the offense, and if any terms of a sentence or probation were fulfilled. The Board then determines whether to approve or deny the application. (The Board may also ask for additional information before making its decision.)

The applicant is advised of the Board decision by letter. In the event the application is denied, the applicant is further advised of his or her right to a hearing pursuant to KRS 161.120(5)(a)2. If an applicant exercises that right, the case proceeds along the same course as a disciplinary case, culminating in Findings of Fact, Conclusions of Law, and a Final Order.

2.11. Procedure: Preliminary Character and Fitness Approval

  • Approved November 16, 1998
  • Amended August 26, 2002

The Education Professional Standards Board ("the Board") has an established precedent to approve Character and Fitness applications that indicate certain past misdemeanor convictions. Based upon that precedent, the Board authorizes a staff attorney to issue preliminary approval for certification under the following conditions:

  • The applicant is NOT applying for an emergency certificate
  • The applicant has a verified offer of employment
  • The applicant has only one misdemeanor conviction
  • The conviction did not involve children, firearms, or drugs (excluding marijuana)
  • The conviction was more than two years ago

Legal staff will notify the applicant of the preliminary approval contingent upon Board approval. Each case of preliminary approval will be submitted to the Board at its next regularly scheduled meeting for review and final approval. The certificates of those applicants approved by the Board shall remain valid. The certificates of those applicants subsequently denied by the Board shall be automatically revoked and the applicant (and employing district) notified immediately by the Board legal staff. The applicant shall be entitled to appeal as set out in KRS 161.120(5)(a)2.

3. Procedure: Election of Officers

  • Approved July 1996
  • Amended June 2, 1999; May 14, 2001; August 26, 2002; March 20, 2006

Pursuant to KRS 161.028, the Education Professional Standards Board (“the Board”) is required to elect a Chair from the membership. A member shall be eligible to serve no more than three, one-year terms in succession as Chair. The following procedure shall be followed regarding election of the Chair and Vice-Chair.

  1. The election of the Chair and Vice-Chair shall be conducted at a regular meeting of the Board in August or later, at the discretion of the Board.
  2. Nominations for Chair shall be accepted from a nominating committee appointed by the Chair or from the floor.
  3. Voting shall be conducted in Open Session.
  4. In case of a tie, voting among the top two candidates shall follow the first ballot when three or more candidates are nominated. When only two candidates are nominated and a tie vote is recorded, balloting shall continue until the tie is broken.
  5. The nomination and election of the Vice-Chair shall be conducted in the same manner as that of the Chair.
  6. Officers shall assume their duties at the September meeting following the election or at the next meeting (regular or called) of the Board if the election is conducted in September or later.
  7. If an elected officer is not eligible to continue to serve, or resigns from office, an election for that office shall be conducted at the next regular meeting of the Board following notification of ineligibility or resignation. If the office vacated is that of Chair, the Vice-Chair shall assume duties and responsibilities of the Chair until an election for Chair is conducted.
  8. If the term of appointment of elected Board officers expires before the annual election, the Board shall designate a member of the Board to act as Chair until the election is conducted.
  9. In the event of the absence of the Chair, and the inability of the Vice-Chair to preside or the absence of the Vice-Chair, some other member of the Board shall call the meeting to order; and the Board shall immediately elect a Chair Pro-Tem to preside during that session. The office of Chair Pro-Tem shall terminate upon the return or availability of the Chair or Vice-Chair.
  10. If the Board elects a Chair Pro-Tem to hold office beyond the current session (in the event that the Chair and Vice-Chair are unable to perform their duties for that length of time), notice must be given at the preceding meeting or in the call of the meeting at which such election is held.

Roles and Responsibilities of Officers and Board Members

Chair

  • Encourage full participation in decision making.
  • Set agenda in consultation with Executive Director.
  • Conduct/chair meeting.
  • Reflect decisions and policies of the Board.
  • Assume leadership role in legislative effort.
  • Serve as contact for other pertinent organizations, e.g., KEA, KASA, KSBA, within KDE, etc.
  • Make reports at Board meetings as needed.
  • Determine committee composition with consent of Board.
  • Review and make suggestions on continuing needs for committees.

Vice Chair

  • Assume responsibilities and assist Chair as necessary.

All Board Members

  • Attend meetings regularly.
  • Prepare for meetings.
  • Speak with one voice on decisions and policies approved by the Board.
  • Serve on committees.
  • Communicate the work of the Board to constituency groups(s).
  • Assist in communication process to reach Board goals.
  • Model the Professional Code of Ethics for Kentucky School Certified Personnel.
  • Adhere to the Professional Conduct Procedure.
  • Adhere to the Code of Ethics for Education Professional Standards Board Members.

4. Policy: Evaluation of the Executive Director

  • Approved August 15, 2016

I. The Education Professional Standards Board (EPSB) has the authority and the responsibility to recruit, select, employ, and evaluate an Executive Director pursuant to KRS 161.028.

II. The purpose of Executive Director Evaluation is to ensure that the EPSB provides the Executive Director with sufficient direction to ensure that the Executive Director is able to support the mission of the EPSB and met EPSB goals through the Executive Director’s management of the day to day operations of the board pursuant to KRS 161.017.

III. Policy Governing Procedures relating to the Executive Director Evaluation will include specifically detailed occurrences that are guided by a specific timeline.

  1. The EPSB’s written evaluation procedures will be designed to:
    1. Evaluate the progress of the Executive Director as it relates to the execution and implementation of the EPSB’s goals and strategic plan;
    2. Evaluate the Executive Director’s professional contributions and performance as a leader and as a manager; and
    3. Provide the Executive Director with feedback to improve performance.
  2. The Mid-Year Evaluation is prepared to provide the Executive Director with the on-going feedback required for effective supervisor/employee relations between the EPSB and the Executive Director.
  3. The Annual Evaluation is the last phase of the ongoing performance management and assessment process and will serve to:
    1. Maintain a formal evaluation of performance over a specified period of time based on expectations identified by the EPSB and shared with the employee.
    2. Provide feedback to the Executive Director and assist the Executive Director in planning for the next performance period; and
    3. Models a continuous assessment system that will not replace continuing feedback and communications to the Executive Director regarding job performance.

4.1. Procedure: Evaluation of the Executive Director

  • Approved September 25, 2006
  • Amended August 27, 2007
  • Amended August 15, 2016

I. The Education Professional Standards Board (Board) shall provide the Executive Director with a preliminary evaluation (Mid-Year Evaluation) and a final evaluation (Annual Evaluation) for each designated evaluation year for that Executive Director.

II. The Board shall form and Evaluation Committee. The Evaluation Committee will consist of three board members.

  1. The elected chair of the Evaluation Committee will inform EPSB Executive Staff of the results of this election. Prior to the first meeting of the Evaluation Committee, EPSB Executive Staff will provide the Evaluation Committee with a copy of the procedures and the evaluation instrument. The Board General Counsel and the EPSB Executive Committee will attend this first meeting to brief members on their charge and the expectations for the analysis and subsequent report, and to answer questions.
  2. The Vice Board Chair will call the first meeting of the Evaluation Committee Meeting to order and the Evaluation Committee will elect a committee chair.

III. Preliminary Evaluation (Mid-Year Evaluation).

  1. Evaluation Forms
    1. Executive Director Accomplishments. Before the designated evaluation year begins, the Executive Director will provide to the Chair of the Evaluation Committee a narrative listing and describing accomplishments since the last evaluation, and documents to support these accomplishments. It shall also include supporting documents that the Executive Director wishes to provide.
    2. Executive Director Job Description and Evaluation Form. The EPSB Executive Staff shall provide the Evaluation Committee with the Executive Director’s current job description and a copy of the Evaluation Form.
  2. Notification, Distribution and Access to Evaluation Forms.
    1. Notification. The EPSB Executive Staff shall provide each EPSB Board member notification, via email, that the evaluation process for the mid-year evaluation is beginning.
      1. The EPSB Executive Staff will attach to the notification e-mail a current job description of the Executive Director and the summary of the Executive Director’s accomplishments prepared by the Executive Director.
      2. The EPSB Executive Staff shall explain in the notification e-mail about the online process and provide a URL for necessary for all board members to access in order to complete the evaluation anonymously.
    2. Access. Only Board members will be given access to the online evaluation.
  3. Guidelines for Completion of the Evaluation
    1. All parts of the evaluation will be anonymous.
    2. Executive Staff for EPSB will contact all Board members and provide them with the URL for completing the Evaluation Form.
    3. From the date of the distribution, Board members will have two weeks (14 calendar days) to complete the evaluation. Up to three rounds of emails will be sent to Board Members within this two-week period requesting the return of the evaluation instruments.
    4. The EPSB staff will assemble and process the evaluations and the written comments provide the results of the evaluation to the Evaluation Committee within seven (7) days of the return of the evaluations.
  4. Guidelines for Gathering Returned Mid-Year Evaluation Forms
    1. In order to make evident which responses are those of a single evaluator, comments from all sections of the Evaluation submitted by an individual respondent will be presented in unison.
    2. Because the survey is anonymous, respondents will be assigned numbers only for organization purposes (e.g., respondent 1, respondent 2).
    3. These numbers cannot be linked to individual identities. A PDF file will be created for the electronic dissemination of survey comments to members of the Evaluation Committee.
  5. Guidelines for Reviewing Returned Mid-Year Evaluation Forms
    1. The Evaluation Committee will meet and review the completed evaluation forms and prepare the Mid-Year Evaluation Report (a preliminary report) for the review and consideration of the full Board.
    2. All electronic and hard-copy reports will be given to the EPSB Executive Staff.
    3. The EPSB Executive Staff will retain all raw data files in accordance with its record retention policy.
  6. Creation of Mid-Year Evaluation Report
    1. Using the response items and a comprehensive summary of the written comments, including direct quotations, the Mid-Year Evaluation Report should provide the overall findings, proposed performance goals for the Executive Director, and recommendations.
    2. Upon conclusion of the review, the Chair of the Evaluation Committee will provide the Executive Director with the Mid-Year Evaluation Report of no more than eight single-spaced pages in length.
    3. On the same day, the Chair of Evaluation Committee will give a copy of the Mid-Year Evaluation Report and the organized written comments to the Board Chair and the EPSB Executive Staff.

IV. Final Evaluation (Annual Evaluation)

  1. The Executive Director shall provide the Evaluation Committee with a follow-up response to the Mid-Year Evaluation. The follow-up response should include specific actions taken for each area of concern and performance goal identified in the preliminary Mid-Year Evaluation Report.
  2. The Chair of the Evaluation Committee shall provide the Mid-Year Evaluation Report and the Executive Director’s Follow-Up Report to the Board Chair. The Board Chair, in turn, shall work with the EPSB’s Executive Staff to disseminate those documents to the full board.
  3. Using those documents, the full board shall discuss and adopt a Final Evaluation Report in an open meeting.
  4. The Final Evaluation Report shall be posted to the EPSB website.

5. Procedure: Waiver Requests

  • Approved September 28, 1998
  • Amended August 14, 2000
  • Amended August 26, 2002
  • Amended April 10, 2017

I. The Board has the authority to waive regulatory requirements promulgated by the Board pursuant to KRS 161.028(1)(r).

  1. Request
    1. Applicant for Certification;
    2. Postsecondary Institution; or
    3. Superintendent of a local school district.
  2. Format of Request
    1. All waiver requests submitted to the Board pursuant to KRS 161.028(1)(r) shall be submitted in writing to the Board’s Executive Director at least 30 days before the next regularly scheduled Board meeting. Each waiver request shall set forth all facts to support the extraordinary circumstances necessary for waiver and shall stipulate the specific regulation for which the waiver is requested.
    2. If the applicant for waiver wishes to be considered for a conditional waiver while the request for waiver is pending consideration by the Board, the applicant shall include in his/her application an explanation as to: 1) why the applicant did not submit the application sooner; and 2) why the applicant will suffer significant hardship if the application has to wait until the Board makes a final decision.
    3. The waiver request, along with all supporting documentation, shall be included in the agenda materials for the next Board meeting. The waiver request agenda item shall be assigned to the Board Waiver Committee for initial review and recommendation.
  3. EPSB Staff Review
    1. EPSB staff shall conduct a preliminary review of the request.
    2. If the applicant is seeking a conditional waiver, the Executive Director will consultant with the Board Chair and the Waiver Committee Chair regarding the request for a conditional waiver.
    3. If approval is obtained by the Board Chair and the Waiver Committee Chair, the EPSB shall approve a conditional waiver prior to review by the full Board Waiver Committee and final decision of the full Board.
  4. Conditional Waiver
    1. A conditional waiver is exceptional relief granted in limited circumstances.
    2. The granting of a conditional waiver does not limit the Board’s ability to deny the waiver once presented to the full Board.
  5. Acknowledgement of Waiver Request
    1. The Executive Director shall send a letter to the applicant notifying him/her of the date, time, and location of the Board Waiver Committee Meeting as well as the Board meeting at which his/her request will be considered.
    2. If the application included a request for a conditional waiver, the Executive Director shall inform the applicant of the status (approved/not approved) of the conditional waiver request.
  6. Recommendation by Waiver Committee
    1. The Waiver Committee shall review the request for waiver, along with any attached supporting documentation submitted by the applicant in the presence of EPSB Staff in an open meeting prior to a regularly scheduled Board meeting.
    2. The Waiver Committee shall hear a presentation from EPSB staff regarding the waiver during its meeting and shall have the opportunity to ask EPSB staff questions.
    3. The Waiver Committee has the sole discretion in determining whether or not the waiver applicant may address the committee.
    4. The Waiver Committee shall formulate a recommendation to be made to the full Board at the next regularly scheduled Board meeting.
    5. When considering a waiver request, the Waiver Committee shall only recommend that the Board approve the waiver if the applicant has demonstrated extraordinary circumstances.
    6. The Waiver Committee shall make a recommendation to the Board.
  7. Final Decision by Board
    1. After receiving the committee’s recommendation, the Board shall vote in open session on the committee’s recommendation and render a final decision.
    2. The Board shall only grant waiver requests if the applicant demonstrates that extraordinary circumstances exist.
    3. The Executive Director shall notify the applicant in writing of the decision of the Board.
    4. Any waiver granted pursuant to KRS 161.028(1)(r) shall be subject to revocation if the person or institution falsifies information or fails to meet the intent of the waiver.
    5. Waivers are limited to a one-year period. If a waiver is sought for a period that exceeds one year, the applicant must reapply at the end of each one-year period.

6. Procedure: Board Administration

  • Approved April 10, 2017

I Purpose: This procedure describes the composition, powers, and duties of the Board, as defined by Kentucky Revised Statutes, and establishes procedures for the performance of its functions. In these procedures, the Board delegates certain responsibilities to the Executive Director to provide for the responsible and efficient administration of the Board and the accomplishment of the Board goals.

II. Authority.

  1. Executive Director of the EPSB.
    1. The Board recruits, selects, employs, and evaluates the Executive Director. KRS 161.028(1)(n).
    2. The Board authorizes the Executive Director to be responsible for the day-to-day operations of the EPSB pursuant to KRS 161.017(1) which includes, but is not limited to, the following:
      1. Setting up appropriate organizational structure and personnel policies for the EPSB;
      2. Appointing all staff, including the Deputy Executive Director;
      3. Preparing annual reports on the Board's program of work;
      4. Carrying out policy and program directives of the Board;
      5. Preparing and submitting to the Board for its approval a proposed biennial budget; and
      6. Performing all other duties and responsibilities assigned by state law.
    3. The Board authorizes the Executive Director to enter into agreements with any state agency or political subdivision of the state, any postsecondary education institution, or any other person or entity necessary to implement the duties and responsibilities of the Board. KRS 161.017(3).
    4. The Executive Director shall have access to the papers, books, and records of education personnel as part of an inquiry or investigation relating to disciplinary actions against a certified employee. KRS 161.017(4).
    5. The Executive Director is authorized pursuant to KRS 161.120 to issue administrative subpoenas for the attendance of witnesses and the production of documents relevant to disciplinary cases under consideration.
  2. Board
    1. The Board is a public board corporate and politic. KRS 161.028(1) with its membership requirement set forth in KRS 161.028(2).
    2. Board Membership
      1. Governor Appointments. The Board, appointed by the Governor, consists of fifteen (15) members who then must be confirmed by the Senate and the House of Representatives under KRS 11.160.
        1. Nine (9) members shall be teachers representing elementary, middle or junior high, secondary, special education, and secondary vocational classrooms;
        2. Two (2) members shall be school administrators, one (1) of whom shall be a school principal;
        3. One (1) member shall be a member of a local board of education; and
        4. Three (3) members shall be representatives of postsecondary institutions, two (2) of whom shall be deans of colleges of education at public universities and (1) of whom shall be the chief academic officer of an independent not-for-profit college or university.
      2. Ex Officio Voting Members. Two (2) members or their designees serve on the Board as ex officio voting members.
        1. The Commissioner of Education; and
        2. The President of the Council on Postsecondary Education.
  3. Board Officers
    1. Board Chair
      1. The Chair shall be selected by and from the membership. KRS 161.028(2)(f).
      2. The Chair shall be selected the by the membership at the August meeting or later, at the discretion of the Board, in accordance with the Board Meeting Procedure.
      3. The Chair of the Board shall serve no more than three (3) one (1) year terms in succession as chair. KRS 161.028(2)(f).
      4. The Chair shall encourage full participation in decision making; conduct/chair board meetings; sign orders on behalf of the Board; make reports at board meetings; form committees.
    2. Vice Chair
      1. The Vice Chair shall also be selected by and from the membership in accordance at the August meeting or later, at the discretion of the Board, in accordance with Board's Election of Officers Procedure.
      2. The Vice Chair of the Board shall serve no more than three (3) one (1) year terms in succession as Vice Chair.
      3. The Vice Chair shall assume the responsibilities and assist Chair as necessary.
    3. Secretary
      1. While the Executive Director is ultimately responsible for keeping records of the board meetings pursuant to KRS 161.028(2)(f), the Executive Director may delegate the role of Board Secretary to an EPSB staff member.
      2. The Secretary shall be responsible for keeping the minutes of all meetings, issues notices of meetings, and provides for the publication and distribution of the minutes in accordance with instructions from the Board

III. Standing and Ad Hoc Committees

  1. The purpose of standing and ad hoc committees is to assist the Board in its oversight role by gathering information, discussing, and providing advice on policy proposals prior to their coming before the entire Board. Members of the general public may attend any committee meeting. An individual desiring to address a particular committee or otherwise participate in a committee meeting should contact the committee chair.
  2. Standing Committee
    1. General Rules
      1. Unless otherwise provided in the Board Procedures, membership of standing committees shall include at least three (3) members of the Board including the committee chair.
      2. Unless otherwise provided in the Board Procedures, committee members shall be appointed by the Chair of the Board for one (1) year terms.
      3. Unless otherwise provided in the Board Procedures, the Chair of the Board shall select the Chair for each committee from the board members.
      4. Board members may be reappointed to a committee for consecutive terms.
      5. Any vacancy occurring before the expiration of the term of the appointment shall be filled for the unexpired term.
      6. A quorum of the Committee members must be present in order to conduct business.
    2. Types
      1. Officer Nomination Committee
        1. Selection of committee members shall be made at the first spring meeting of the Board. Vacancies may be filled at any meeting of the Board.
        2. The Nomination Committee shall be responsible for providing nominations for the Chair and the Vice Chair on an as needed basis in accordance with the Board Election of Officers Procedure.
        3. Meetings may be held as necessary at the call of the Chair.
      2. Executive Director Evaluation Committee
        1. Selection of committee members shall be made at the first spring meeting of the Board. Vacancies may be filled at any meeting of the Board.
        2. This committee is responsible for ensuring that the Board completes a mid-year evaluation in accordance with Board Executive Director Evaluation Procedure.
        3. Meetings may be held as necessary at the call of the Chair.
      3. Waiver Request Committee
        1. The waiver committee shall consist three (3) Board members. One (1) committee member shall be a Board member who serving as a teacher representative; one (1) committee member shall be a Board member who is serving as an administrator representative; and one (1) committee member shall be a Board member who is serving as a postsecondary representative. An alternate waiver committee member shall also be selected. The alternate waiver committee member will only serve if one
        2. of the other members of the committee are unavailable to attend a committee meeting.
        3. Selection of committee members shall be made at the first spring meeting of the Board. Vacancies may be filled at any meeting of the Board.
        4. The waiver committee is responsible for reviewing waiver requests pursuant to KRS 161.028(r) with Education Professional Standards Board staff and for making recommendations on those waivers to the full Board in accordance with the Board Waiver Request Procedure.
        5. Meetings shall immediately precede meetings of the Board unless another time is designated by the Committee Chair.
  3. Ad Hoc Committees
    1. Ad hoc committees may be established and appointed at any time by the Chair and with such charge as the Board Chair may determine.
    2. Ad hoc committees shall carry out their duties as specified and report to the Board. Such committees shall function until discharged, unless otherwise stipulated in the specific Committee Charter. Membership may include Board members, and it may also include persons who are not Board members.

IV. Board Statutory Authority and Responsibilities: The Board's statutory authority and areas of responsibility are set forth in KRS 161.028(1)(a) - (x) and KRS 161.028(2)(g):

  1. Establish standards and requirements for obtaining and maintaining a teaching certificate;
  2. Set standards for, approve, and evaluate college, university, and school district programs for the preparation of teachers and other professional school personnel. Program standards shall reflect national standards and shall address, at a minimum, the following:
    1. The alignment of programs with the state's core content for assessment as defined in KRS 158.6457;
    2. Research-based classroom practices, including effective classroom management techniques;
    3. Emphasis on subject matter competency of teacher education students;
    4. Methodologies to meet diverse educational needs of all students;
    5. The consistency and quality of classroom and field experiences, including early practicums and student teaching experiences;
    6. The amount of college-wide or university-wide involvement and support during the preparation as well as the induction of new teachers;
    7. The diversity of faculty;
    8. The effectiveness of partnerships with local school districts; and
    9. The performance of graduates on various measures as determined by the board;
  3. Conduct an annual review of diversity in teacher preparation programs;
  4. Provide assistance to universities and colleges in addressing diversity, which may include researching successful strategies and disseminating the information, encouraging the development of nontraditional avenues of recruitment and providing incentives, waiving administrative regulations when needed, and other assistance as deemed necessary;
  5. Discontinue approval of programs that do not meet standards or whose graduates do not perform according to criteria set by the board;
  6. Issue, renew, revoke, suspend, or refuse to issue or renew; impose probationary or supervisory conditions upon; issue a written reprimand or admonishment; or any combination of actions regarding any certificate;
  7. Develop specific guidelines to follow upon receipt of an allegation of sexual misconduct by an employee certified by the Education Professional Standards Board. The guidelines shall include investigation, inquiry, and hearing procedures which ensure the process does not revictimize the alleged victim or cause harm if an employee is falsely accused;
  8. Receive, along with investigators hired by the Education Professional Standards Board, training on the dynamics of sexual misconduct of professionals, including the nature of this abuse of authority, characteristics of the offender, the impact on the victim, the possibility and the impact of false accusations, investigative procedures in sex offense cases, and effective intervention with victims and offenders;
  9. Recommend to the Kentucky Board of Education the essential data elements relating to teacher preparation and certification, teacher supply and demand, teacher attrition, teacher diversity, and employment trends to be included in a state comprehensive data and information system and periodically report data to the Interim Joint Committee on Education;
  10. Submit reports to the Governor and the Legislative Research Commission and inform the public on the status of teaching in Kentucky;
  11. Devise a credentialing system that provides alternative routes to gaining certification and greater flexibility in staffing local schools while maintaining standards for teacher competence;
  12. Develop a professional code of ethics;
  13. Set the qualifications and salary for the positions of executive director and deputy executive director to the board, notwithstanding the provisions of KRS 64.640;
  14. Recruit, select, employ and evaluate the executive director to the board;
  15. Approve employment procedures for the employment of policy level staff, subject to the provisions of KRS 12.050;
  16. Approve the biennial budget request;
  17. Charge reasonable fees for the issuance, reissuance, and renewal of certificates that are established by administrative regulation. The proceeds shall be used to meet a portion of the costs of the issuance, reissuance, and renewal of certificates, and the costs associated with disciplinary action against a certificate holder under KRS 161.120;
  18. Waive a requirement that may be established in an administrative regulation promulgated by the board. A request for a waiver shall be submitted to the board, in writing, by an applicant for certification, a postsecondary institution, or a superintendent of a local school district, with appropriate justification for the waiver. The board may approve the request if the person or institution seeking the waiver has demonstrated extraordinary circumstances justifying the waiver. Any waiver granted under this subsection shall be subject to revocation if the person or institution falsifies information or subsequently fails to meet the intent of the waiver;
  19. Promote the development of one (1) or more innovative, nontraditional or alternative administrator or teacher preparation programs through public or private colleges or universities, private contractors, the Department of Education, or the Kentucky Commonwealth Virtual University and waive administrative regulations if needed in order to implement the program;
  20. Grant approval, if appropriate, of a university's request for an alternative program that enrolls an administrator candidate in a postbaccalaureate administrator preparation program concurrently with employment as an assistant principal, principal, assistant superintendent, or superintendent in a local school district. An administrator candidate in the alternative program shall be granted a temporary provisional certificate and shall be a candidate in the Kentucky Principal Internship Program, notwithstanding provisions of KRS 161.030, or the Superintendent's Assessment process, notwithstanding provisions of KRS 156.111, as appropriate. The temporary certificate shall be valid for a maximum of two (2) years, and shall be contingent upon the candidate's continued enrollment in the preparation program and compliance with all requirements established by the board. A professional certificate shall be issued upon the candidate's successful completion of the program, internship requirements, and assessments as required by the board;
  21. Employ consultants as needed;
  22. Enter into contracts. Disbursements to professional educators who receive less than one thousand dollars ($1,000) in compensation per fiscal year from the board
  23. for serving on an assessment validation panel or as a test scorer or proctor shall not be subject to KRS 45A.690 to 45A.725;
  24. Sponsor studies, conduct research, conduct conferences, and publish information as appropriate;
  25. Issue orders as necessary in any administrative action before the board; and
  26. As set for in 161.028(2)(g), to carry out the functions relating to its duties and responsibilities, the board is empowered to receive donations and grants of funds; to appoint consultants as needed; and to sponsor studies, conduct conferences, and publish information.

V. Board Action

  1. Any action relating to the Board’s statutory authority or areas of responsibility are set forth in KRS 161.028(1)(a) - (x) and KRS 161.028(2)(g) will require Board approval.
  2. EPSB staff shall bring before the Board any actions that require Board approval first as an information item and then as an action item.
  3. The Board shall consider the recommendations of EPSB staff and then approve, modify, or deny the action proposed.

7. Procedure: Expense Reimbursement

  • Approved November 8, 1999
  • Amended March 22, 2004 (with retroactive approval from May 17, 2004)
  • Amended on June 18, 2007 (with retroactive approval from January 1, 2007)

Pursuant to 200 KAR 2:006 (8) (1) (h), members of the Kentucky Education Professional Standards Board ("the Board") shall be entitled to reimbursement for actual and necessary expenses incurred when on official state business.

Requests for participation and funding to attend non-Board meetings shall be made in advance and in writing to the Chair. In considering approval, the Chair shall consider only those requests that: 1) address adopted board priorities and goals, 2) can be funded within the Board budget, and 3) demonstrate that presence at the meeting is in the interest of the Board. If approved by the Chair, the Board member shall file a written report with the Chair immediately following the approved meeting for inclusion as an information item as part of the Chair’s report at the next Board meeting.

Within provisions of IRS requirements, the following guidelines shall apply to board members carrying out Board business.

Guidelines for expenditures:

  1. Lodging shall be reimbursed at reasonable, actual expense; a receipt is required. No reimbursement shall be made for expenses incurred by or on behalf of other persons. For direct-billed lodging charges, a Board member must pay for any nights not authorized for payment. Personal incidental charges such as movies, bar tabs, etc. are not authorized and must be paid by the board member when checking out. "Direct-billed" should be written on the expense reimbursement form when hotel charges have been direct-billed.
  2. Meals shall be reimbursed at actual expense including tax and gratuities (not to exceed 20%) upon the submission of receipts. A credit card receipt shall be accepted for a meal if the receipt prepared by the establishment clearly shows that it is a receipt for a meal.
  3. Mileage claims for the use of privately-owned vehicles shall be reimbursed at the amount allowed by the state travel regulations. Reimbursement for the actual cost of commercial transportation shall be made upon submission of original receipts.
  4. When a Board member is on Board business during school hours, the cost of a substitute shall be reimbursed to the member’s district.
  5. Reimbursement may only be made upon submission of a signed Miscellaneous Expense Voucher detailing the daily incurred expenses, along with original receipts. Requests for reimbursement shall be submitted no later than 30 days after the expenses are incurred. If special circumstances exist that prevent a Board member from submitting a reimbursement form within 30 days, the member shall notify the chair and request an extension.
  6. Commercial airline travel shall be the lowest negotiated coach or tourist class. Roundtrip or other negotiated reduced-rate plane fares shall be obtained if practical. The traveler’s copy of the ticket must be attached to the expense reimbursement form. No photocopies are permitted. If the ticket is direct billed or an "E"-Ticket (electronic ticket) is issued, "Direct-billed" or "E-Ticket" shall be written on the reimbursement form where the air cost would have been entered and the traveler’s copy is attached.
  7. Airport parking for the period of the business trip is reimbursable (as is taxi fare should a Board member choose to not drive to the airport and park; however, taxi fare should not exceed the cost of driving and parking). Original receipts are required.
  8. Business air travel is reimbursed at coach, super-saver or other economy fares. The traveler’s copy of the ticket (passenger "coupon" or red copy) must be attached to the expense reimbursement form. No photocopies are permitted. If the ticket is direct-billed or an "E"-Ticket (electronic ticket) is issued, "Direct-billed" or "E-Ticket" is written on the reimbursement form where the air cost would have been entered and the traveler’s copy is attached.
  9. Travel advances are not available for travel. With adequate notice, airfare and registration may be pre-paid by the Board.
  10. Additional expenses shall be reimbursed only with prior approval of Chair.
  11. Expense reimbursement forms with questionable expenses or with expenses that exceed these guidelines will be held by staff for review by the Chair. The Chair may review the expenses with the Board member submitting the request before determining whether to approve the request.

8. Procedure: Waiver of Assignment of Requirements for Teachers of Exceptional Children

  • Approved May 8, 2000
  • Amended August 26, 2002

If a school district must request a waiver pursuant to 16 KAR 4:020 Certification requirements for teachers of exceptional children, Section 4 , the district shall adhere to the following requirements.

  1. The district shall complete the attached application form and mail directly to the Kentucky Department of Education’s Division of Exceptional Children Services (KDE/DECS).
  2. KDE/DECS will review the waiver request and recommend to the Education Professional Standards Board ("the Board") that the request be approved or denied.

The Board’s staff will accept the recommendation of KDE/DECS and notify the school district of approval/denial of waiver.

Upon notification, the school district superintendent may appeal the decision to the Board by resubmitting to the Executive Director the original waiver materials with a cover letter requesting full Board review of the waiver request.

Upon receipt of the appeal letter and accompanying documentary evidence, the action will be placed on the agenda for the next regularly scheduled Board meeting. The Executive Director will notify the superintendent of the Board’s action.

9. Procedure: Waiver of Six Additional Hours for Program Completers Lacking a Passing Praxis Score

  • Approved August 26, 2002

Pursuant to KRS 161.100 and 16 KAR 2:120, the Education Professional Standards Board ("the Board") issues emergency certificates to applicants when no qualified teachers are available for a vacant position. Applicants for emergency certification must have a minimum of a bachelor’s degree. Emergency certificates are valid for one-year and are renewable with the completion of six (6) semester hours credit toward an educator preparation degree.

However, emergency certificates may also be issued to education program completers who have not yet passed the required PRAXIS assessments. In these cases, the renewal requirement of six (6) additional semester hours is illogical because the applicants have completed all required education coursework. Accordingly, for education preparation program completers, the Board will issue an emergency certificate for one additional year without any requirement of additional hours, pending a successful score on the applicable PRAXIS assessment.

All subsequent certificate renewals shall require the completion of six (6) additional semester hours.

10. Procedure: Rounding Policy for Grade Point Average Tabulation

  • Approved November 19, 2001
  • Amended August 26, 2002

Pursuant to KRS 161.028, the Education Professional Standards Board ("the Board") is required to establish the standards for obtaining and maintaining a certificate. The Board has adopted minimum grade point average (GPA) requirements for admission to educator preparation, entrance to student teaching, and certificate application. These requirements are reflected in Title 16 of the Kentucky Administrative Regulations. For purposes of tabulating a GPA to meet these requirements, the Board directs staff to use the following procedures:

A 2.450 GPA shall be rounded up to a 2.5. All GPAs between a 2.450 and 2.499 shall be rounded up to a 2.5.

A 2.950 GPA shall be rounded up to a 3.0. All GPAs between a 2.950 and 2.999 shall be rounded up to a 3.0.

GPA shall be rounded up by 5/100 of a point when favorable to the teacher candidate or certificate applicant.

11. Procedure: Accreditation of Preparation Programs

  • Approved November 8, 1999
  • Amended August 26, 2002

Pursuant to KRS 161.028, the Education Professional Standards Board (hereinafter "the Board") is required to approve and evaluate college and university programs for the preparation of teachers and other professional school personnel. The Board has adopted and implemented this accreditation process through 16 KAR 5:010. The Board interprets its responsibility under the statute and regulation to apply to all teacher preparation programs operating in Kentucky regardless of the geographical location of the parent institution. This interpretation corresponds with the licensure policy of the Council on Postsecondary Education (hereinafter "CPE").

The CPE’s licensure policy for "nonpublic" colleges is governed by KRS 164.945 to 164.947. The definition of "college" under this statute range includes those "private colleges located outside of Kentucky but which operate in Kentucky, and public colleges located outside of Kentucky but which operate in Kentucky." The CPE has promulgated administrative regulation 13 KAR 1:020, Licensing of private colleges, to implement the requirements of these statutes. This regulation sets forth the following general requirements:

  1. A college that offers courses or conducts academic programs in Kentucky shall be licensed.
  2. An out-of-state college shall be licensed separately for each instructional site in Kentucky.
  3. A college that awards a diploma, associate degree, baccalaureate degree, master’s degree, doctoral degree, or other degree, whether the degree is earned or honorary, shall be licensed. If a college’s program also is required to be licensed or approved by another state agency as well as the Council on Postsecondary Education, the executive director shall attempt to coordinate the licensing function with that agency.

(Note: It has been the stated and applied policy of the CPE that it will not approve a teacher education program that has not first been approved by the Board.)

Accordingly, the Board interprets the language in 16 KAR 5:010(2) requiring accreditation of all "Kentucky Institution(s)" as "a condition of offering a teacher licensure or certification program or a program leading to rank change" to include all teacher preparation programs operating in Kentucky that require licensure by the CPE.

12. Procedures Regarding Board Meetings

  • Approved October 16, 2016
  • Revised June 18, 2018

I. The Education Professional Standards Board (EPSB) shall meet on the second Monday of even numbered months, except for the months of June and August.  In June and August, the EPSB shall meet on the third Monday of the month. 

II. A Chair shall be elected by and from the membership.  A Board member shall be eligible to serve as Chair no more than three (3) one (1) year terms.  KRS 161.028(2)(f).

III. Special meetings may be called by the Chair or by the majority of the members of the EPSB pursuant to KRS 61.823. The business transacted at special meetings shall be specified in the notice of the meeting.

IV. All meetings are to be held beginning at 9:00 a.m. Eastern Time zone at 100 Airport Road, 3rd Floor, Frankfort, Kentucky 40601 unless otherwise specified by a majority vote of the EPSB. 

  1. The meetings of the EPSB shall be open to the public.
    1. The EPSB and its committees shall operate in compliance with the provisions of the Open Meetings Law. (KRS 61.800-KRS 61.850)
    2. The most recent version of Robert's Rules of Order shall be observed in conducting the business of the EPSB except as these may be modified by regulations adopted by the Board members.
  2. A majority of the voting members of the EPSB (excluding vacant positions) constitutes a quorum.  Any meeting of the EPSB, if a quorum is not present, may be adjourned by the members attending to a time when a quorum shall be present.

V. For regularly scheduled meetings, the agenda shall be released to the general public at least three (3) full business days prior to the Board meeting. “Business day” means Monday through Friday, excluding official state holidays.

VI. The Executive Director and EPSB staff shall make every effort to ensure that the agenda book and all relevant supporting materials are made electronically available to the Board ten (10) calendar days prior to the meeting date. 

  1. In an effort to ensure effective and efficient processing of Board actions relating to certification, the EPSB staff may supply Board members with additional review materials electronically four (4) calendar days prior to the meeting date.  Additional materials may be available to the Board on the day of the Board meeting at the discretion of the Executive Director.
  2. All meeting materials are available to the Board electronically.
  3. Board members are responsible for maintaining the confidentiality of the materials provided to them.

VII. A Board member who does not have access to a home computer may request the use of an agency laptop for use to prepare for Board meetings.  If a Board member uses an agency laptop, the Board member shall be subject to the agency’s Acceptable Use Policy.

VIII. The EPSB staff will arrange for the preparation of meeting minutes that set forth an accurate record of votes and actions at such meetings. The EPSB staff will ensure that the meeting minutes are promptly recorded and posted to the EPSB website at reasonable times no later than immediately following the next regular meeting of the EPSB. (KRS 61.835)

IX. All necessary expenses incurred by the Board members in traveling to and from and while attending meetings of the EPSB are designated to be paid out of the funds of the EPSB. (200 KAR 2:006(8)(1)(h))

X. The order of business at EPSB meetings normally is as follows:

  • Call to Order
  • Roll Call
  • Approval of Meeting Agenda 
  • Open Speak
  • Approval of Consent Items
  • Report of the Executive Director
  • Report of the Chair
  • Information/Discussion Items
  • Action Items
  • Certification Review and Revocation: Pending Litigation Review
  • Adjournment