Dismissal for Poor Performance: Kentucky

Analysis of Kentucky's policies

In Kentucky, tenured teachers who are terminated have multiple opportunities to appeal. After receiving written notice of dismissal, the teacher has 10 days to file the first appeal. The hearing must occur within 45 days. The teacher may then file an additional appeal with the circuit court. The state does not specify a time frame for this appeal.

Kentucky does not explicitly make teacher ineffectiveness grounds for dismissal, nor does the state distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. The process is the same regardless of the grounds for cancellation, which include insubordination, immoral character or conduct, physical or mental disability and inefficiency, incompetency or neglect of duty.

Citation

KRS 161.790; KRS 13B.150

Recommendations for Kentucky

Specify that classroom ineffectiveness is grounds for dismissal.
Euphemistic terms such as "incompetency" are ambiguous at best and may be interpreted as concerning dereliction of duty rather than ineffectiveness. Kentucky should explicitly make teacher ineffectiveness grounds for dismissal so that districts do not feel they lack the legal basis for terminating consistently poor performers.

Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.
Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performers. Therefore, the state must ensure that the opportunity to appeal occurs only once and only at the district level. It is in the best interest of both the teacher and the district that a conclusion be reached within a reasonable time frame.     

Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently impact a teacher's right to practice. Kentucky should ensure that appeals related to classroom effectiveness are only decided by those with educational expertise.  

State response to our analysis

Kentucky recognized the factual accuracy of this analysis.