Estreicher v. Board of Education

950 S.W.2d 839, 1997 Ky. LEXIS 88, 1997 WL 547521
CourtKentucky Supreme Court
DecidedSeptember 4, 1997
DocketNo. 96-SC-394-DG
StatusPublished
Cited by2 cases

This text of 950 S.W.2d 839 (Estreicher v. Board of Education) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estreicher v. Board of Education, 950 S.W.2d 839, 1997 Ky. LEXIS 88, 1997 WL 547521 (Ky. 1997).

Opinion

STUMBO, Justice.

This case arises out of the demotion of Appellant, Robert Estreicher, from his position as an administrator in the Kenton County school system.

Appellant began his tenure as Associate Director of Special Education in the Kenton County Schools during the 1979-80 school year. On April 26, 1994, Appellant received a letter from the Kenton County school superintendent, Appellee Neil Stiegelmeyer, informing him of his impending demotion to a teaching position following the 1993-94 school year. Pursuant to KRS 161.765(2)(a), Stiegelmeyer notified Appellee Kenton County Board of Education (“the Board”) of his action on May 2. On May 4, Appellant gave Stiegelmeyer written notice of his intent to contest the demotion under KRS 161.765(2)(a). Stiegelmeyer’s May 9 reply set forth, largely by reference to previous correspondence, the specific reasons for Appellant’s demotion, including insubordination, “conduct unbecoming a member of the professional staff’ and “failure to work as a member of the administrative team.” The letter also informed Appellant that he had ten days to answer the charges and request a public or private hearing. A subsequent letter dated May 17 from Stiegelmeyer to Appellant scheduled a hearing on the matter for June 2, 1994. Appellant requested and received a continuance, and the hearing was rescheduled for June 27.

At the hearing, Appellant moved to have the case dismissed as the result of the Board’s failure to act and finalize the demotion prior to May 15, as Appellant claimed was required under KRS 161.760(3), KRS 161.765(1) and Banks v. Board of Educ. of Letcher County, Ky.App., 648 S.W.2d 542 (1988). Appellant also sought dismissal based on the alleged failure of the Board to state specific charges or to set a hearing date under KRS 161.765(2)(b). The Board denied the motion and, following the hearing, officially demoted Appellant. Appellant challenged the decision in circuit court, relying on the same allegations as contained in his motion to dismiss before the Board. The Kenton Circuit Court upheld the demotion, as did the Court of Appeals. We granted discretionary review to consider, in light of prior case law, the tensions between KRS 160.390, which grants school superintendents broad power over personnel decisions, and KRS 161.765, which provides heightened procedural protections for school administrators. After considering the impact of the Kentucky Education Reform Act, or KERA, on a [841]*841school board’s ability to impact personnel decisions, we hereby affirm.

In essence, as in each tribunal below, Appellant contends that Superintendent Stiegel-meyer and the Board failed to follow the procedures contained in KRS 161.765 in effecting his demotion. The power to demote an administrator with three years or more of experience, such as Appellant, comes from KRS 161.765, adopted as part of KERA in 1990. The statute allows a superintendent to demote an administrator by complying with certain procedures, beginning with written notice of the demotion to the board and the administrator. KRS 161.765(2). If the administrator fails to contest the demotion within ten days of receipt of the notice, the superintendent’s action becomes final without any action from the board of education. Id.

However, if the administrator contests the demotion, as in this case, additional requirements must be met. Upon receipt of the administrator’s notice to contest the demotion, a “specific and complete” written statement of grounds for the demotion, signed by the superintendent, must be served on the administrator; the same notice must also inform the administrator of the date, time and place for a hearing. KRS 161.765(2)(b)(l)-(2). Appellant, who argues that the Board met neither of those two requirements, submits that these added procedures must also be read in conjunction with KRS 161.760. That statute provides, in pertinent part: “Reduction of responsibility for a teacher may be accompanied by a corresponding reduction in salary provided that written notification stating the specific reason for the reduction shall be furnished to the teacher not later than May 15.” KRS 161.760C3).1

According to Appellant, then, the demotion of an administrator does not become final until the full procedural protections of KRS 161.765 have been observed. Appellant cites Banks, supra, as well as Daugherty v. Hunt, Ky.App., 694 S.W.2d 719 (1985), and Miller v. Board of Educ. of Hardin County, Ky.App., 610 S.W.2d 935 (1980), to support his contention that, in this case, the Board’s failure to take official — and presumably, final — action prior to May 15 violates KRS 161.760(3) and invalidates any attempted demotion. Indeed, we readily agree that Banks, Daugherty, and Miller bolster Appellant’s argument that, in order to effect a demotion accompanied by a reduction in salary, a school board must pass on the decision prior to May 15. In our view, however, Appellant’s argument ignores the impact of the passage of KERA on the decision-making process in matters of school personnel.

As the Board points out, the Court of Appeals rendered Banks, Daugherty and Miller prior to KERA, which in 1990 brought sweeping change to virtually all areas of the Commonwealth’s educational system. The Board directs our attention to KRS 160.390, which now sets forth the duties and responsibilities of a superintendent: “[A superintendent] shall be responsible for all personnel actions including hiring, assignments, transfer, dismissal, suspension, reinstatement, promotion, and demotion and reporting the actions to the local board.” KRS

Related

Hardin v. Jefferson Cnty. Bd. of Educ.
558 S.W.3d 1 (Court of Appeals of Kentucky, 2018)
Pigue v. Christian County Board of Education
65 S.W.3d 540 (Court of Appeals of Kentucky, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
950 S.W.2d 839, 1997 Ky. LEXIS 88, 1997 WL 547521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estreicher-v-board-of-education-ky-1997.