Pursuant to KRS 161.028(1)(a), the Education Professional Standards Board (EPSB) is responsible for establishing standards and requirements for obtaining and maintaining a certificate. Accordingly, all applicants for certification issuance and renewal are required to submit a Character and Fitness application. Therein, the applicant is asked several questions pertaining to adverse employment actions, prior disciplinary matters, and criminal convictions. Any "yes" answer requires that the EPSB review the application.
All such applications are forwarded to Legal Services staff, and a summary of the self-reported details is prepared and presented to the EPSB at the next regularly scheduled board meeting.
In evaluating Character and Fitness applications, there are no grounds for automatic denial of certification. However, KRS 160.380(5) prohibits a superintendent from employing a violent offender, a person convicted of a sex crime, a registered sex offender, or a person who has an administrative finding of child abuse or neglect.
The EPSB considers, among other things, the nature of the offense, if any children or minors were involved, if any violence or drugs were involved, how long ago the event occurred, the age of the applicant at the time of the offense, and if any terms of a sentence or probation were fulfilled. The EPSB then determines whether to approve or deny the application. The EPSB may also request additional information before making its decision.
Following the meeting, the applicant is advised of the EPSB's decision. In the event the application is denied, the applicant is further advised of his or her right to a hearing pursuant to KRS 161.120(6)(a)2.
Leah Sharpe
Office of Legal Services
300 Sower Blvd., 5th Floor
Frankfort, KY 40601
(502) 564-4606
Leah.Sharpe@education.ky.gov