Could a Kentucky school board adopt seniority rules for classified employee layoffs?

Short answer The AG said a local school board could adopt a seniority policy for classified employees after House Bill 50 required written employment policies, including layoff procedures. It expressly overruled OAG 92-133's earlier contrary conclusion.
State
Kentucky
Opinion
OAG 94-37
Issued
May 19, 1994
Issued by
Chris Gorman, Attorney General of Kentucky
Requested by
Herbert L. Segal

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This page answers the general question as of 1994. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.

Disclaimer: This is an official Kentucky Attorney General opinion. AG opinions are advisory and are not binding court precedent. This page is informational and is not legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

In 1994, Kentucky's Attorney General changed its position on whether a local school board could adopt seniority rules for classified employees. House Bill 50 amended KRS 161.011 to require written contracts and board policies covering terms of employment and procedures for reducing or laying off classified employees. The AG read that express policy role as allowing seniority provisions for those employees.

The opinion expressly overruled OAG 92-133, which had treated employment decisions as belonging to the superintendent under earlier school reform law. The new statutory language, the AG said, authorized the board to specify which categories of classified employees would be laid off first during a workforce reduction.

Currency note

This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Local school boards

The AG said the amended KRS 161.011 gave boards authority to write classified employee policies covering employment terms, benefits, employee rights, layoff procedures, and discipline guidelines. It interpreted the express mention of reductions and layoffs as permitting seniority rules within those policies.

Classified employees

The statute quoted in the opinion required written contracts with classified employees and written policies furnished to them. The AG said those policies could identify which categories of employees would be affected first by a reduction in force.

Earlier AG interpretation

OAG 92-133 had said local boards could not set a classified employee seniority policy because personnel duties were assigned to superintendents. This opinion said the legislature's later amendment changed that analysis and formally overruled the earlier opinion.

Common questions

Could a board adopt a seniority policy for classified employee layoffs?

The AG answered yes under the 1994 amendment, reading the authority for written layoff procedures to include seniority rules.

Was OAG 92-133 still the office's position?

No. The AG expressly overruled it because House Bill 50 had changed KRS 161.011.

What policy subjects did the 1994 amendment require boards to address?

The opinion quoted provisions on employment terms, fringe benefits, employee rights, layoff procedures, and discipline rules meeting due process requirements.

Background and statutory framework

The requester sought reconsideration of OAG 92-133 after House Bill 50 amended KRS 161.011. The AG contrasted its earlier view of superintendent authority with the new statutory instruction that boards make written policies for classified personnel. It concluded that a board could include a seniority policy in the written procedures for reductions or layoffs. The quoted amendment also described Department of Education review of those policies in district management audits under KRS 158.785.

Citations and references

  • KRS 161.011: written classified employee contracts and board policies after the 1994 amendment.
  • KRS 158.785: management-audit review referenced in the quoted amendment.
  • House Bill 50: amendment analyzed by the AG.
  • OAG 92-133: earlier opinion overruled.

Source

Original opinion text

OAG 94-37

May 19, 1994

Hon. Herbert L. Segal

2100 Waterfront Plaza

325 West Main Street

Louisville, KY 40202-4251

Dear Mr. Segal:

You have asked our office to reconsider our opinion in OAG 92-133 regarding the ability of a local school board to enact seniority policies for classified employees. We agree that our opinion should be re-examined in light of the General Assembly's recent enactment of House Bill 50 which requires local school districts to enter into written contracts with classified employees. The pertinent language of House Bill 50 amending KRS 161.011 which impacts this issue provides in part:

(5) Local districts shall enter into written contracts with classified employees.

(6) Local school boards shall develop and provide to all classified employees written policies which shall include, but not be limited to:

(a) Terms and conditions of employment;

(b) Identification and documentation of fringe benefits, employee rights, and procedures for the reduction or laying off of employees; and

(c) Discipline guidelines and procedures that satisfy due process requirements.

(7) Local school boards shall maintain a registry of all vacant classified employee positions that is available for public inspection in a location determined by the superintendent and make copies available at cost to interested parties. If financially feasible, local school boards may provide training opportunities for classified employees focusing on topics to include, but not be limited to, suicide prevention, abuse recognition, and cardiopulmonary resuscitation (CPR).

(8) The evaluation of the local board policies required for classified personnel as set out in this section shall be subject to review by the Department of Education while it is conducting district management audits pursuant to KRS 158.785.

In OAG 92-133, we opined that a local board of education could not adopt a seniority policy for classified employees since KERA removed personnel duties from the local board and placed employment responsibility in the hands of the superintendent. KRS 160.370 - 160.390; OAG 90-129.

We interpret House Bill 50 to grant local school boards the authority to enter into contracts with classified employees regarding terms and conditions of employment including procedures for the reduction or laying-off of employees. The General Assembly's specific reference to policies regarding reduction or laying-off of employees clearly contemplates the ability of a local school board to adopt a seniority policy for classified employees.

Local school boards and the position of superintendent are created by the legislature and receive their powers and duties as a result of legislation. The General Assembly in its discretion amended KRS 161.011 and specifically granted local school boards the authority to adopt written policies to identify which categories of classified employees shall be laid off first in the event of a reduction in work force.

In conclusion, our opinion in OAG 92-133 is overruled since the 1994 General Assembly enacted House Bill 50 which provides local school boards with the authority to adopt a seniority policy for classified employees.

Sincerely yours,

CHRIS GORMAN

ATTORNEY GENERAL

Lynne Schroering

Assistant Attorney General

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