EDUCATION LAW – SJ affirmed dismissing claim board failed to hire him: Hicks v. Magoffin County Board of Education (COA 8/21/2009)

Hicks v. Magoffin County Board of Education
2008-CA-001025 8/21/09 2009 WL 2569107

Opinion by Judge VanMeter; Chief Judge Combs and Senior Judge Lambert concurred.

The Court affirmed a summary judgment of the circuit court in favor of the appellee board of education on appellant’s claim that the board failed to hire him. The Court held that appellant failed to meet his burden of providing affirmative evidence to show that he was a qualified teacher to support his claim that the board violated KRS 161.100 by rejecting him as a candidate for a teaching position awarded to an emergency certified teacher.

Education Law – residency requirements to teach in district: Newport Independent School District v. Commonwealth (COA 7/24/2009)

Newport Independent School District v. Commonwealth
2008-CA-001615 07/24/2009 2009 WL 2192773

Opinion by Senior Judge Harris; Judges Acree and Lambert concurred.

The Court affirmed an order of the circuit court upholding the constitutionality of KRS 160.350 and dismissing appellants’ declaratory judgment petition. The Court first held that the statute, which requires a superintendent of schools to establish residency in Kentucky after hire, imposed a constitutionally permissible residency requirement. The Court also held that the statute did not deny the superintendent equal protection of law as the rationale proffered by the Commonwealth, that a Kentucky resident would have a better comprehension of Kentucky’s educational needs, was a rational basis for the residency requirement.