Sajko v. Jefferson County Board of Education

Summary

The Supreme Court of Kentucky interprets KRS 161.790(3), which governs a public school teacher’s notice of intent to challenge dismissal. The court holds that when the statute requires a teacher to notify the commissioner of education and superintendent but does not specify a method of delivery, the notice must be received within ten days rather than merely mailed. The case is affirmed in part, reversed in part, and remanded for factual findings concerning when the teacher received the dismissal letter.

Holdings

1. KRS 161.790(3) requires that the teacher's notice of intent to answer dismissal charges be received by the superintendent and Commissioner of Education within the ten-day period; mailing the notice within ten days is insufficient when the statute does not prescribe a method of delivery.
2. The court could not determine whether Sajko's notice was timely because the administrative tribunal had made no factual finding regarding when she received the dismissal letter; the matter had to be remanded for that finding and any necessary further proceedings.

Questions Presented

1. Whether KRS 161.790(3), which requires a teacher to notify the Commissioner of Education and the superintendent of an intention to answer dismissal charges within ten days after receiving the charges, is satisfied by mailing the notice within ten days or requires receipt within that period.
2. Whether the reviewing courts could determine the timeliness of Sajko's notice without an administrative factual finding regarding when she received the dismissal letter.

Disposition

reversed_and_remanded