UNOFFICIAL COPY 24 RS BR 304
Page 1 of 2
XXXX 10/31/2023 9:33 AM Jacketed
AN ACT relating to school districts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 160.041 is amended to read as follows: 3
(1) When a board of education of a[an independent] school district desires to have its 4
district merge with[become] a contiguous[part of the county] school district, it shall 5
by motion so record its desire in the minutes of the board. The board, or its 6
executive officer, shall convey this request to the[ county] board of education of the 7
contiguous school district. At its next regular meeting, or at a special meeting held 8
prior thereto, the[ county] board of education of the contiguous school district shall 9
consider the[pass upon this] request. 10
(2) If the[ county] board of education receiving the request refuses, or the two (2) 11
boards of education cannot agree upon such a proposition of merger[ of the 12
independent district with the county district], the question of merger shall be 13
submitted to the qualified voters of the two (2) districts at the next regular election 14
if the question is filed with the county clerk not later than the second Tuesday in 15
August preceding the regular election. 16
(a) If a majority of those voting on the question favor merger, the school boards 17
of the two (2) school districts shall jointly develop a plan for adoption of the 18
merger. 19
(b) If the two (2) school boards cannot agree to the terms of merger within sixty 20
(60) days following the date of the regular election, the chief state school 21
officer shall develop the terms of the adoption of merger. 22
(c) [Notwithstanding subsection (2)(a) of this section, if the independent school 23
district cannot meet its current operating expenses from projected revenue and 24
if the two (2) school boards cannot agree to the terms of a merger, the 25
proposition of merger shall be submitted to the Kentucky Board of Education, 26
and the Kentucky Board of Education shall determine whether the two (2) 27 UNOFFICIAL COPY 24 RS BR 304
Page 2 of 2
XXXX 10/31/2023 9:33 AM Jacketed
districts should be merged and if merged the terms thereto. 1
(d) ]Upon completion of the plan for adoption of the merger, whether prepared by 2
the school boards or the chief state school officer[superintendent], it shall 3
become effective and the districts[independent district] shall merge[become a 4
part of the county school district] as set out in the plan. 5
(3) Notwithstanding subsection (2) of this section, if a school district cannot meet its 6
current operating expenses from projected revenue and cannot negotiate a 7
merger with a contiguous school district, the Kentucky Board of Education shall 8
determine and direct the merger of the insolvent school district with a contiguous 9
district and the terms of the merger. 10
(4) The Kentucky Board of Education shall promulgate administrative regulations in 11
accordance with KRS Chapter 13A to establish procedures and terms for the 12
merging of school districts due to insolvency. 13