161.7 95 Investigation of and records that school employee acted improperly relating to statewide assessment program -- Certain records to be expunged. (1) In cases where a decision or judgment was tendered in an administrative or judicial proceeding before Ju ly 15, 1998, in an investigation of allegations that a teacher, administrator, or other school employee acted improperly relating to the statewide assessment program required by KRS 158.6453, all references relating to the investigation, findings, and disc iplinary actions shall be expunged from the individual's personnel file by the local school district, and the Kentucky Department of Education and the Education Professional Standards Board shall expunge any references to the investigation and findings in all agency files. This shall apply to all affected persons found not guilty of the allegations. (2) After July 15, 1998, allegations that a teacher, administrator, or other school employee has acted improperly relating to the statewide assessment program required by KRS 158.6453 shall be investigated. If the individual is found not guilty of the allegations, all references to the charges shall be immediately expunged from statewide assessment program required by KRS 158.6453 shall be investigated. If the individual is found not guilty of the allegations, all references to the charges shall be immediately expunged from the individual's personnel file in the local school district, and the Kentucky Departm ent of Education and the Education Professional Standards Board shall expunge all references to the investigation from all agency files. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 465, sec. 1, effective July 15, 1998.
Kentucky Legal Code