Kentucky Department of Education

When a vacancy for which "certification" is required occurs in a local school district, the superintendent shall notify the Kentucky Department of Education, Division of Educator Quality and Diversity thirty (30) days before the position shall be filled.

The Department of Education, Division of Educator Quality and Diversity, maintains an electronic registry of local district "certified" vacancies via the Kentucky Educator Placement Service (KEPS), which is made available to the public through the use of the "JOB SEARCH" feature in KEPS. Local school districts post position openings in the local board office for public viewing, as well as via the Kentucky Educator Placement Service.

Pursuant to KRS 161.165, when a vacancy occurs in a local district, the superintendent shall conduct a search to locate minority administrator, principals and teachers to be considered for the position. The superintendent shall, pursuant to an administrative regulations of the Kentucky Board of Education, report annually via the Minority Educator Recruitment and Retention report the district's recruitment process and the activities used to increase the percentage of minority administrator, principals and teachers in the district.

By clicking on, Frequently Asked Question and Answers, you are provided with many answers to issues related to Posting Vacancies.

Posting of Certified Vacancies KRS 160.380

The process for certified vacancy postings is currently under review to ensure consistency with statutory language.  If you have questions concerning postings please contact Candace Souder at Candace.Souder@education.ky.gov or call (502) 564-1479).

Use this index to quickly find a topic:

 

Definition of Vacancy (What is a Vacancy?)

Acting or Interim Positions

 

Interviewing Candidates

 

Classified Positions

Critical Shortage Areas

SBDM Council's Role

Reassigning Current Personnel

Itinerant Positions in SBDM Schools

Extending the Posting Period

Expiration Date of Postings

   
Q. What is a vacancy?
A. 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.

Q. Do "acting" or interim positions have to be posted?
A. 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.

Q. Is it permissible for the superintendent/SBDM principal/SBDM council to begin interviewing candidates before the thirty-day posting period is complete?
A. Yes. However, applications must be accepted through the thirty-day posting period.

  
Q. Do classified positions have to be posted in Frankfort?
A. No. Classified positions must be posted in accordance with local board policy.

Q. What are the current critical shortage areas?
A. The current list of critical shortage areas includes:       
  
Career and Technical Education
      Engineering and Information Technology 
      Health Services
English 
      English - Middle School
      English - Secondary
      English - as a Second Language 
Exceptional Children
      (EBD, FMD, LBD, PD)
Math
      Mathematics - Middle School
      Mathematics - Secondary
Science
      Science - Middle School
      Science - Biology Secondary
      Science - Chemistry Secondary
      Science - Earth Science
      Science - Physics
Social Studies 
      Social Studies - Middle School
      Social Studies - Secondary
World Languages

Q. In an SBDM school, what is the school council's role in filling vacancies?
A. 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.      

Q. When can a superintendent transfer staff into an SBDM school bypassing statutorily required consultation with the council and selection by the principal?
A. 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:

a) Reduction in force (i.e., decrease in enrollment, closing of a school, territorial changes affecting the district) that make it necessary to place a certified staff member because of teacher seniority rights under KRS 161.800;

b) 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;

c) When the superintendent must honor an employer-employee bargained contract on transfers;

d) When required pursuant to the district-wide affirmative action plan, whether voluntary or involuntary;

e) When an employee is returning from a leave of absence;

f) When a court or teacher tribunal has ordered the reinstatement of a former employee;

g) 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).

h) When an employee under contract must be placed to avoid a breach of contract;

i) 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.     

 
Q. How are itinerant positions filled in SBDM schools?
A. Superintendents have the authority to select persons to fill district-wide positions such as itinerant teaching positions even if the position includes assignments at SBDM schools.      

 
Q. Can the thirty-day posting period be extended?
A. As long as the mandated thirty-day posting requirement has been met, the posting may be extended for as long as it takes to find a suitable applicant or until the posting year ends. The local district contact person has control over how long it remains visible on the web. The district may want to advertise the extension in the local media, their central office, etc.      

 
Q.  How long can a position be posted before it is considered "expired?"
A. "Posting years" run from October 1 to September 30. For example, a position posted on June 1, 2000, would remain in effect until September 30, 2000. After that time it would be considered inactive and would have to be posted in Frankfort again before it could be filled.  But, because most posting activity takes place during the summer months, all positions posted on or after July 1 of each year are automatically included in the new posting year list on October 1. As an example, a position posted on July 15, 2000, would not expire until September 30, 2001.