Policies and Procedures

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

1.8. 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.