Education Professional Standards Board approves regulatory changes regarding teacher complaints

The Education Professional Standards Board (EPSB) approved regulatory changes, following the passage of different bills by the Kentucky General Assembly earlier this year.

The board approved amendments to 16 KAR 1:030 , the regulation which identifies the conditions for initiating disciplinary action against an educator’s certificate and establishes procedures for certificate reinstatement, reissuance, and application denial. This action follows the approval of House Bill 300 during the 2024 legislative session, which went into effect on July 15 and amended KRS 161.120 to impose strict timelines on the review and processing of complaints of educator misconduct.

The legislation requires the Kentucky Department of Education (KDE) and EPSB to conduct an initial review of a completed complaint against a teacher or principal within 30 calendar days of receipt to determine whether there is sufficient evidence that a conduct violation has occurred.

Superintendents still have a statutory duty to report educator misconduct to the EPSB within 30 calendar days.

The EPSB also approved the Procedures Relating to EPSB Action on a Certificate Holder’s Certification to align with the amendments to 16 KAR 1:030 and KRS 161.120 under House Bill 300. Cassie Trueblood, policy advisor in the KDE Office of Educator Licensure and Effectiveness and lead counsel for EPSB, said a few sections of the procedures are still being worked on as it relates to House Bill 300 and will require further action in the future.

Trueblood said KDE is still updating the Kentucky Educator Credentialing System to assist with the new notice requirements. She also said KDE will continue to work on additional sections to set procedures for admonishment appeals and character and fitness applications.

In other business, EPSB members:

• Approved amendments to 16 KAR 2:030 , the regulation setting requirements for substitute teachers, following changes made to KRS 161.102 from House Bill 387 . The legislation created and established requirements for three new substitute teacher certificates: a one-year emergency certificate, a five-year certificate and a ten-year certificate.

• Extended waivers of 16 KAR 5:040 relating to student teaching through the 2024-2025 school year. This action allows:

• Remote student teaching observations for all educator preparation programs;

• Student teachers who also are employed as classified staff members in the district where they are completing student teaching to maintain their employment status while completing the requirements of 16 KAR 5:040, Section 5; and

• Experience that a student teacher acquires as an emergency certified substitute teacher to meet the requirements of student teaching.

Approved standards and guidance for the new Kentucky Educator Mentorship Program established in KRS 161.031 by Senate Bill 265 .

Kentucky Department of Education

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