A Superintendent’s Duty to Report Educator Misconduct

A Superintendent’s Duty to Report Educator Misconduct

Item

Response

What to Report

Pursuant to KRS 161.120(2), a superintendent has the duty to report in writing to the EPSB any certified school employee in the superintendent’s district:

  • whose contract is terminated or not renewed, for cause except failure to meet local standards for quality of teaching performance prior to the employee gaining tenure;
  • who resigns from, or otherwise leaves, a position under threat of contract termination, or nonrenewal, for cause;
  • who is convicted in a criminal prosecution; or
  • who otherwise may have engaged in any actions or conduct while employed in the school district that might reasonably be expected to warrant consideration for action against the certificate under KRS 161.120.
Criminal Background

Pursuant to 16 KAR 1:030, a superintendent’s duty to report shall include the reporting of criminal convictions discovered by the district pursuant to KRS 160.380, even if the conviction occurred prior to the date the educator’s certification was issued.

When to Report

The report must be made within thirty (30) days of the event giving rise to the duty to report. If the event giving rise to the duty to report relates to an educator’s criminal conviction, the superintendent must submit a report to the EPSB within thirty (30) days after the superintendent or designee became aware of the conviction.
The duty to report exists without regard to any disciplinary action, or lack thereof, by the superintendent.

Contents of Report

The report must contain the full facts and circumstance of the conduct, as well as the employee’s:

  • name
  • address
  • phone number
  • social security number
  • position title

A superintendent is also required to forward copies of all relevant documents and records in his or her possession.

Format of Report

The Online Educator Complaint System is available for superintendents or their designee to report allegations of educator misconduct through the EPSB Website. The EPSB will also accept reports via mail to 100 Airport Road, 3rd Floor, Frankfort, KY 40601.

Questions

For questions regarding the duty to report, please contact Chelsea Young at 502-564-4606 or chelsea.young@ky.gov.

Last modified: Thursday, January 18, 2018, 2:08 PM