HB 827

UNOFFICIAL COPY  26 RS BR 2308
1AN ACT relating to school districts.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 160.020 is amended to read as follows:
4 (1)    All school districts embracing designated cities together with the territory within
5their limits, including any territory added for school purposes outside of the city
6limits, and all independent graded common school districts having a school census
7enumeration of two hundred (200) or more children, constitute independent school
8districts, except those which have merged with a county school district since June
914, 1934. No independent district [other than a designated city ]shall continue to
10operate when its average daily enrollment[school census enumeration of children]
11falls below minimum enrollment requirements[two hundred (200) pupils] unless it
12appears to the Kentucky Board of Education that the district can maintain a more
13efficient program of school service by operating as an independent district as
14demonstrated through evidence that includes but is not limited to the:
15(a)    District's student achievement, academic growth, school climate, and
16successful student outcomes;
17(b)    Lack of waste, duplication, or mismanagement in the operation of the
18district;
19(c)    Number of nonresident pupils who enroll into the district; and
20(d)    Projected impact from implementing a merger with a contiguous district in
21providing an efficient program of school service and an adequate education
22for the district's students.
23 (2)    The minimum enrollment requirements shall be:
24(a)    Three hundred (300) in-person students for school districts providing no
25service in any grade nine (9) through twelve (12); and
26(b)    Four hundred fifty (450) in-person students for school districts providing
27service in any grade nine (9) through twelve (12).
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1 (3)    As used in this section, "designated city" means a city classified as a city of the
2first, second, third, fourth, or fifth class as of January 1, 2014, under the city
3classification system in effect prior to January 1, 2015. The Department of
4Education shall, on or before January 1, 2015, create an official registry listing the
5cities that qualify as a "designated city" under this section and shall publish that
6registry on its website[Web site].
7Section 2. KRS 160.041 is amended to read as follows:
8 (1)    When a board of education of a[an independent] school district desires to have its
9district merge with[become] a contiguous[part of the county] school district, it shall
10by motion so record its desire in the minutes of the board. The board, or its
11executive officer, shall convey this request to the[ county] board of education of the
12contiguous school district. At its next regular meeting, or at a special meeting held
13prior thereto, the[ county] board of education of the contiguous school district shall
14consider the[pass upon this] request.
15 (2)    (a)    If the[ county] board of education receiving the request refuses, or the two (2)
16boards of education cannot agree upon such a proposition of merger[ of the
17independent district with the county district], the question of merger shall be
18submitted to the qualified voters of the two (2) districts at the next regular
19election if the question is filed with the county clerk not later than the second
20Tuesday in August preceding the regular election.
21(b)[(a)]       If a majority of those voting on the question from each respective
22school district favor merger, the school boards of the two (2) school districts
23shall jointly develop a plan for adoption of the merger.
24(c)[(b)]       If the two (2) school boards cannot agree to the terms of merger within
25sixty (60) days following the date of the regular election, the chief state school
26officer shall develop the terms of the adoption of merger.
27[(c) Notwithstanding subsection (2)(a) of this section, if the independent school
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1district cannot meet its current operating expenses from projected revenue and
2if the two (2) school boards cannot agree to the terms of a merger, the
3proposition of merger shall be submitted to the Kentucky Board of Education,
4and the Kentucky Board of Education shall determine whether the two (2)
5districts should be merged and if merged the terms thereto.]
6(d)    Upon completion of the plan for adoption of the merger, whether prepared by
7the school boards or the chief state school officer[superintendent], it shall
8become effective and the districts[independent district] shall merge[become a
9part of the county school district] as set out in the plan.
10 (3)    Notwithstanding subsection (2) of this section, if a school district cannot meet its
11current operating expenses from projected revenue and cannot negotiate a
12merger with a contiguous school district, the Kentucky Board of Education shall
13direct the merger of the insolvent school district with a contiguous district and
14determine the terms of the merger.
15 (4)    The Kentucky Board of Education shall promulgate administrative regulations in
16accordance with KRS Chapter 13A to establish procedures and terms for the
17merging of school districts due to insolvency under this section.
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