Frequently Asked Questions
What is a vacancy?
Any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school
district, or a new position created in a local school district for which certification is required.
Do "acting" or interim positions have to be posted?
By definition, the "acting" position is temporary. Therefore, it is not necessary to post that position. For example, it is permissible to appoint an assistant
principal as the "acting" principal during the interview process to ensure continuity of coverage until the principal position is filled on a permanent basis.
While there is nothing in the law to prohibit an "acting" person from being considered for the job, it is the recommendation of Kentucky Department of
Education's Office of Legal Services that the "acting" person not be considered for the job to avoid creating the appearance of undue influence in the hiring
process.
Is it permissible for the superintendent/SBDM principal/SBDM council to begin interviewing candidates before the fifteen-day posting period is complete?
Yes. However, applications must be accepted through the fifteen-day posting period.
Do classified positions have to be posted by KDE?
No. Classified positions must be posted in accordance with local board policy. Only certified positions are posted in KEPS.
What are the current critical teacher shortage areas?
The Kentucky Department of Education calculated Teacher Shortage Areas based on the Local Workforce Area geographic regions for the 2024_ 2025 school year. The current list of Teacher Shortage Ares by local workforce geographic
region is included in the following link. (The link is the attached document below.)
In an SBDM school, what is the school council's role in filling vacancies?
The superintendent submits a list of qualified applicants for the vacant position to the principal in an SBDM school. After consultation with the school
council, the principal selects the particular certified and classified persons to fill the vacancies in the school, and those decisions are binding on the
superintendent. If the position to be filled is that of the principal in an SBDM school, the school council selects a new principal from the qualified
applicants submitted by the superintendent, and the decision is binding on the superintendent.
When can a superintendent transfer staff into an SBDM school
bypassing statutorily required consultation with the council and selection by the principal?
The superintendent may transfer someone into a vacant position in an SBDM school when the only position available in the district is at that SBDM school and
one of the following circumstances exists:
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Reduction in force (i.e., decrease in enrollment, closing of a school, territorial change affecting the district) that make it necessary to place a
certified staff member because of teacher seniority rights under KRS 161.800.
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When positions become available subsequent to a reduction in force, and KRS 161.800 applies to require the following: teachers whose continuing
contracts are suspended in a reduction in force have the right of restoration to continuing service status in the order of seniority of service in the
district if qualified for the position.
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When the superintendent must honor an employer-employee bargained contract on transfers.
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When required pursuant to the district-wide affirmative action plan, whether voluntary or involuntary.
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When an employee is returning from a leave of absence.
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When a court or teacher tribunal has ordered the reinstatement of a former employee.
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When an administrator has been demoted (or is returning to the district from a contract position) and must be assigned to a position within his or her
areas(s) of certification (returning administrators are not entitled to their former position or another administrative position).
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When an employee under contract must be placed to avoid a breach of contract.
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When a principal has been hired and his/her spouse needs to be transferred out of the school to avoid a nepotism violation under KRS 160.380.