Kentucky School Law Update 2014

1. Kentucky School Law Update 2014 Presented by V. Wayne Young, Executive Director and General Counsel Kentucky association of School Administrators June 13, 2014

2. Meyer v. Webb • There were fifteen FRYSC coordinators in the Floyd County School District. That number was reduced to fourteen. Meyer was the sixth most senior. • Meyer was not retained as a FRYSC coordinator, but was instead placed as a FRYSC clerk at $6200 less in salary. • Meyer claimed her transfer was the result of an improperly conducted reduction in force. • The court held a reduction in force under KRS 161.011(8) requires a reduction in the total number of employees. • The plain meaning of the language " reduction in force," equates with " layoff“. • The transfer did not constitute a reduction in force.

3. Spalding v. Marion County BOE • Spalding was employed as a Family Literacy Instructor. • Her contracts did not specify whether the position of Family Literacy Instructor was classified or certified. • She held a certificate and requested a Rank change • The district denied the request, and stated that she was a classified employee. • Some facts indicated that although the position was clearly a classified position, the board had previously viewed and treated her as a certified employee. • Court held she was entitled to trial on that factual issue.

4. Patton v. Bickford, et al • Parent filed wrongful death action against educators alleging negligence in failing to supervise students at Allen Central Middle School ("ACMS"). • Claimed failure to comply with school and district anti-bullying policies and procedures, which resulted in child being subjected to constant bullying, and eventually taking his own life. • Court ruled that even if it could be proven that educators breached their duty of care, under Kentucky law, an act of suicide is an intervening and superseding act that cuts off liability (with minor exceptions that did not apply here).

5. 2014 General Assembly • HB 79 – Amends KRS 158.100 as follows: “A school district may provide an approved high school program to a student who is a refugee or legal alien until the student graduates or until the end of the school year in which the student reached the age of twenty-one (21), whichever occurs first.”

6. 2014 General Assembly • HB 98 – Amends KRS 158.838 as follows: “Beginning July 15, 2014, a school district shall permit a student who has diabetes or a seizure disorder to attend the same school the student would attend if the student did not have diabetes or a seizure disorder. Such a student may only be transferred to a different school based on health care needs if the individualized education program team, the Section 504 team, or if appropriate, the student's health services team, makes the determination that the student's health condition requires that the student's care be provided by a licensed health care professional at a different school.”

7. 2014 General Assembly • HB 211 – Amends KRS 158.070 as follows: • Provides flexibility to local districts in designing and amending school calendars • Requires 1062 instructional hours and 170 instructional days (no longer requires 170 six-hour days) • Allows local districts discretion to lengthen or shorten school days to amend calendar • Allows school to be held on all KEA days (spring and fall) with leave for delegates • No change in primary election day

8. 2014 General Assembly • SB 200 – Juvenile Justice Reform • Come to the breakout session tomorrow morning!