Request By:
Mr. Morris Clark, Principal
Marion Elementary School
P.O. Box 190
Marion, Kentucky 42064
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
You have asked the Office of the Attorney General to consider the administrative personnel school law as it might affect you. You stated you are the principal of an elementary school in Crittenden County. Prior to being appointed to this position you had served the school system for ten years as the instructional supervisor. For seven of those ten years you were on a twelve-month contract. You further stated that as an elementary principal you are presently on a twelve-month contract as was your predecessor for eleven years. The question you have presented for our consideration against this factual background is whether the board of education may reduce the length of your employment contract from twelve months to a lesser number of months and, if so, may they then reduce your salary.
As an administrator who has completed three consecutive years of administrative service in the Crittenden County School System, you are subject to consideration under KRS 161.765. This means, simply, that you may not be demoted without the procedures set forth in the statute being followed to the letter. The question in your case then becomes whether the changing of the contract term of an administrative position is a demotion.
KRS 161.720(9) defines the terms "demote" or "demotion" as follows:
"The terms 'demote' or 'demotion' for the purpose of KRS 161.765 shall mean a reduction in rank from one position on the school district salary schedule to a different position on that schedule for which a lower salary is paid. The terms shall not include lateral transfers to positions of similar rank and pay or minor alterations in pay increments required by the salary schedule. "
This is a pathetic definition in that it tells you virtually nothing at all. The word "rank" is out of place and in and of itself barren of significance in considering shifts in positions in a school system. Teachers are classified in "ranks" for salary schedule purposes based upon the certificate held and the number of approved college semester hours of credit. See KRS 157.390. The position a teacher is assigned to in a school system does not change the "rank" they are entitled to hold. Irrespective of these problems with the definition, it would appear that a demotion involves at least two positions.
We are of the opinion that when a school board changes only contract characteristics, specifically duration of the contract, of a single administrative position, this action does not constitute a demotion for the purposes of KRS 161.765. In your case, as we understand it, the administrative nature of the elementary principal position would not be diminished, but only the number of months you would be performing such duties. We believe your salary may not be reduced as accompanying a corresponding reduction in administrative responsibility unless you are provided written notice setting forth the specific reason or reasons for the reduction by May 15. KRS 161.760(2)
You also asked whether you could be demoted to a classroom teacher with a reduction in salary. We are of the opinion the answer is no unless the procedures of KRS 161.765(2) are followed. See OAG 77-328, copy attached.