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AN ACT relating to school governance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.350 is amended to read as follows: 3
(1) After considering the recommendations of a screening committee, as provided in 4
KRS 160.352, each board of education shall appoint a superintendent of schools 5
whose term of office shall begin on July 1, following the individual's appointment. 6
The appointment may be for a term of no more than four (4) years. In the event a 7
vacancy occurs in the office of superintendent prior to the expiration of the term set 8
by the board, the term shall expire on the date the vacancy occurs. Therefore, the 9
board may appoint a superintendent for a new term as provided in this subsection, 10
which shall begin on the date of the superintendent's appointment, except when the 11
vacancy occurs after a school board election and before the newly elected members 12
take office. When a vacancy occurs during this period, the position shall not be 13
filled until the new members take office, but the board may appoint an acting 14
superintendent to serve a term not to exceed six (6) months. This appointment may 15
be renewed once for a period not to exceed three (3) months. If a vacancy occurs, a 16
local board may also appoint an acting superintendent during the period the 17
screening committee pursuant to KRS 160.352 conducts its business and prior to 18
the actual appointment of the new superintendent. No superintendent shall resign 19
during a term and accept a new term from the same board of education prior to the 20
expiration date of the present term. In the case of a vacancy in the office for an 21
unexpired term, the board of education shall make the appointment so that the term 22
will end on June 30. The board shall set the salary of the superintendent to be paid 23
in regular installments. 24
(2) An individual shall not assume the duties of superintendent in a district until he or 25
she provides the board of education with a copy of a certificate for school 26
superintendent issued by the Education Professional Standards Board or its legal 27 UNOFFICIAL COPY 25 RS BR 1418
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predecessor. A superintendent shall hold a valid certificate throughout the period of 1
employment. A superintendent shall successfully complete the training program and 2
assessment center process within two (2) years of assuming the duties of 3
superintendent. A superintendent shall not serve as director or officer of a bank, 4
trust company, or savings or loan association that has the school district's funds on 5
deposit. Following appointment, the superintendent shall establish residency in 6
Kentucky. 7
(3) A superintendent of schools may be removed for cause by a vote of the 8
majority[four-fifths (4/5)] of the membership of a board of education[ and upon 9
approval by the commissioner of education. However, if the dismissal of the 10
superintendent has been recommended by a highly skilled certified educator 11
pursuant to KRS 158.6455 and the action is approved by the commissioner of 12
education, the board shall terminate the superintendent's contract]. Written notice 13
setting out the charges for removal shall be spread on the minutes of the board and 14
given to the superintendent[. The board shall seek approval by the commissioner of 15
education for removing the superintendent. The commissioner of education shall 16
investigate the accuracy of the charges made, evaluate the superintendent's overall 17
performance during the superintendent's appointment, and consider the educational 18
performance of the students in the district. Within thirty (30) days of notification, 19
the commissioner of education shall either approve or reject the board's request]. 20
(4) After the completion of a superintendent's first contract or after four (4) years, 21
whichever comes last, the board of education may, no later than June 30, extend the 22
contract of the superintendent for one (1) additional year beyond the current term of 23
employment. 24
Section 2. KRS 160.180 is amended to read as follows: 25
(1) As used in this section, "relative" means father, mother, brother, sister, husband, 26
wife, son, and daughter. 27 UNOFFICIAL COPY 25 RS BR 1418
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(2) A person shall only be eligible for membership on a board of education if the 1
person: 2
(a) Has attained the age of twenty-four (24) years; 3
(b) Has been a citizen of Kentucky for at least three (3) years preceding the 4
election and is a voter of the district for which he or she is elected; 5
(c) Has completed at least the twelfth grade or has been issued a High School 6
Equivalency Diploma, as evidenced by: 7
1. An affidavit signed under penalty of perjury certifying completion of the 8
twelfth grade or the equivalent that has been filed with the nominating 9
petition required by KRS 118.315; or 10
2. A transcript evidencing completion of the twelfth grade or the results of 11
a twelfth grade equivalency examination that has been filed with the 12
nominating petition required by KRS 118.315; 13
(d) Does not hold any elective federal, state, county, or city office; 14
(e) Is not, at the time of his or her election, directly or indirectly interested in the 15
sale to the board of books, stationery, or any other property, materials, 16
supplies, equipment, or services for which school funds are expended; and 17
(f) Has not been removed from membership on a board of education for cause[; 18
and 19
(g) Does not have a relative employed by the school district, in the case of a 20
person elected after July 13, 1990. This shall not apply to a board member 21
holding office on July 13, 1990, whose relative was not initially hired by the 22
district during the tenure of the board member]. 23
(3) (a) A member of a board of education shall be subject to removal from office 24
pursuant to KRS 415.050 and 415.060 if, after the election the member: 25
1. Becomes interested in any contract with or claims against the board, of 26
the kind mentioned in subsection (2)(e) of this section; 27 UNOFFICIAL COPY 25 RS BR 1418
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2. Moves his or her residence from the division for which he or she was 1
chosen; 2
3. Attempts to influence the employment of any school employee, except 3
the superintendent or school board attorney; 4
4. Is convicted of a felony; 5
5. Performs acts of malfeasance in performance of duties prescribed by 6
law; 7
6. Willfully misuses, converts, or misappropriates public property or funds; 8
or 9
7. Does anything that would render the member ineligible for reelection. 10
(b) In accordance with KRS 7.410, the Office of Education Accountability shall 11
have the duty and responsibility to investigate current local board of education 12
members for allegations of conduct prohibited by paragraph (a) of this 13
subsection. After review and investigation, the Office of Education 14
Accountability shall refer appropriate matters to the Attorney General. 15
(4) A member of a board of education shall be eligible for reelection unless he or she 16
becomes disqualified. 17
(5) The annual in-service training requirements for all members of boards of education 18
in office as of December 31, 2014, shall be as follows: 19
(a) Twelve (12) hours for members with zero to three (3) years of experience; 20
(b) Eight (8) hours for members with four (4) to seven (7) years of experience; 21
and 22
(c) Four (4) hours for members with eight (8) or more years of experience. 23
The Kentucky Board of Education shall identify the criteria for fulfilling this 24
requirement. 25
(6) (a) For all members of boards of education who begin their initial service on or 26
after January 1, 2015, the in-service training requirements shall be: 27 UNOFFICIAL COPY 25 RS BR 1418
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1. Twelve (12) hours for members with zero to eight (8) years of 1
experience each year, which shall include a minimum of: 2
a. One (1) hour of ethics training each year; and 3
b. One (1) hour of open meetings and open records training within 4
the first twelve (12) months of initial service and at least once 5
every four (4) years thereafter; and 6
2. Eight (8) hours for members with more than eight (8) years of 7
experience each year, which shall include a minimum of: 8
a. One (1) hour of ethics training each year; and 9
b. One (1) hour of open meetings and open records training at least 10
once every two (2)[four (4)] years. 11
(b) Training topics for members under this subsection with less than two (2) years 12
of consecutive service shall include three (3) hours of finance and one (1) 13
hour of superintendent evaluation within the first two (2) years of service. The 14
Kentucky Board of Education shall identify criteria for fulfilling this 15
requirement. 16
Section 3. KRS 160.160 is amended to read as follows: 17
(1) Each school district shall be under the management and control of a board of 18
education consisting of the number of members required under Section 4 of this 19
Act[five (5) members, except in counties containing a city of the first class wherein 20
a merger pursuant to KRS 160.041 shall have been accomplished which shall have 21
seven (7) members elected from the divisions and in the manner prescribed by KRS 22
160.210(5)], to be known as the "Board of Education of ...., Kentucky." Each board 23
of education shall be a body politic and corporate with perpetual succession. It may 24
sue and be sued; make contracts; expend funds necessary for liability insurance 25
premiums and for the defense of any civil action brought against an individual 26
board member in his official or individual capacity, or both, on account of an act 27 UNOFFICIAL COPY 25 RS BR 1418
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made in the scope and course of his performance of legal duties as a board member; 1
purchase, receive, hold, and sell property; issue its bonds to build and construct 2
improvements; and do all things necessary to accomplish the purposes for which it 3
is created. Each board of education shall elect a chairman and vice chairman from 4
its membership in a manner and for a one (1) year term[ prescribed by the board not 5
to exceed two (2) years]. 6
(2) No board of education shall participate in any financing of school buildings, school 7
improvements, appurtenances thereto, or furnishing and equipment, including 8
education technology equipment without: 9
(a) First establishing the cost of the project in advance of financing, based on the 10
receipt of advertised, public, and competitive bids for such project, in 11
accordance with KRS Chapter 424; and 12
(b) Establishing the cost of financing in advance of the sale of any bonds, 13
certificates of participation in any leases, or other evidences of financial 14
commitments issued by or on behalf of such board. Any bonds, leases, 15
participations, or other financial arrangements shall not involve a final 16
commitment of the board until the purchaser or lender involved shall have 17
been determined by public advertising in accordance with KRS Chapter 424. 18
(3) No board of education shall make a mortgage, lien, or other encumbrance upon any 19
school building owned by the board, or transfer title to any such school building as 20
part of any financing arrangement, without the specific approval of the Department 21
of Education, and without the transaction being entered into pursuant to a detailed 22
plan or procedure specifically authorized by Kentucky statute. 23
(4) Without the approval of the Department of Education, no board may lease, as 24
lessee, a building or public facility that has been or is to be financed at the request 25
of the board or on its behalf through the issuance of bonds by another public body 26
or by a nonprofit corporation serving as an agency and instrumentality of the board, 27 UNOFFICIAL COPY 25 RS BR 1418
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or by a leasing corporation. Any lease, participation, or other financial arrangement 1
shall not involve a final commitment of the board unless and until the purchaser or 2
lender involved in same shall have been determined by public advertising in 3
accordance with KRS Chapter 424. No transaction shall be entered into by the 4
board except upon the basis of public advertising and competitive bidding in 5
accordance with KRS Chapter 424. 6
(5) A school district may issue general obligation bonds in accordance with KRS 7
Chapter 66. 8
(6) Rental payments due by a board under a lease approved by the Department of 9
Education in accordance with subsection (4) of this section, and debt service 10
payments under a general obligation bond issued in accordance with this section, 11
shall be due and payable not less than ten (10) days prior to the interest due date for 12
the bonds, notes, or other debt obligations issued to finance the building or public 13
facility. If a board fails to make a rental payment when due under a lease or a debt 14
service payment when due for a general obligation bond issue, upon notification to 15
the Department of Education by the paying agent, bond registrar, or trustee for the 16
bonds not less than three (3) days prior to the interest due date, the Department of 17
Education shall withhold or intercept any funds then due the board to the extent of 18
the amount of the required payment on the bonds and remit the amount to the 19
paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department 20
of Education shall resolve the matter with the board and adjust remittances to the 21
board to the extent of the amount paid by the Department of Education on the 22
board's behalf. 23
(7) Bonds, notes, or leases negotiated to provide education technology shall not be sold 24
for longer than seven (7) years or the useful life of the equipment as established by 25
the state technology master plan, whichever is less. 26
(8) Notwithstanding any requirements of public advertising, competitive bidding, or 27 UNOFFICIAL COPY 25 RS BR 1418
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approval by the Department of Education, or any administrative regulation 1
promulgated pursuant to KRS 156.160(1)(o), a local board may authorize the 2
transfer or sale of the district's real or personal property to another governmental or 3
quasi-governmental agency in exchange for money or a similar type of property that 4
equals or exceeds the fair market value of the district property as determined by an 5
independent appraisal conducted by: 6
(a) An individual or organization not affiliated with the district or its officers or 7
employees, using a generally accepted national or professional standard; or 8
(b) A district's officers or employees using a nationally published valuation of 9
property based on the most recent edition of the publication. 10
(9) A board of education shall maintain oversight over the superintendent. The 11
superintendent shall submit a report on closed investigations involving district 12
employees to the board for the purposes of the board's consideration of board 13
policy and the evaluation of the superintendent's performance. 14
Section 4. KRS 160.210 is amended to read as follows: 15
(1) (a) In the first four (4) months of the year 2033, and in the first four (4) months 16
of each decennial year thereafter, the Kentucky Board of Education shall 17
determine the necessary number of members for each school board. The 18
state board shall give notice to each local board within five (5) days of the 19
state board's determination. 20
(b) The number of required board members shall be based on the average daily 21
enrollment of the district averaged over the previous three (3) years for 22
which data is available. Districts with an enrollment: 23
1. Of fifteen thousand (15,000) students or fewer shall have five (5) 24
board members; 25
2. Between fifteen thousand one (15,001) and thirty thousand (30,000) 26
students shall have seven (7) members; 27 UNOFFICIAL COPY 25 RS BR 1418
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3. Between thirty thousand one (30,001) and forty-five thousand (45,000) 1
students shall have nine (9) members; 2
4. Between forty-five thousand one (45,001) and sixty thousand (60,000) 3
students shall have eleven (11) members; 4
5. Between sixty thousand one (60,001) and seventy-five thousand 5
(75,000) students shall have thirteen (13) members; and 6
6. Of seventy-five thousand one (75,001) and greater shall have fifteen 7
(15) members. 8
(c) If a regular election occurs within the same year after the determination is 9
made, then the additional membership shall be selected during that election. 10
(d) If a regular election does not occur within the same year after the 11
determination is made, then the additional membership shall be considered 12
a vacancy under KRS 160.190 with an election to a full term to occur at the 13
next regular election. 14
(e) If the determination requires the reduction of the number of members, then 15
the reduction shall be made by reducing the number of members subject to 16
election at the next regular election. 17
(2) In independent school districts, the members of the school board shall be elected 18
from the district at large. In county school districts, members shall be elected from 19
divisions. 20
(3)[(2)] (a) The board of education of each county school district shall, within thirty 21
(30) days of the receipt of a notice under subsection (1) of this section[not 22
later than July 1, 1940], divide its district into the required number of[five 23
(5)] divisions containing integral voting precincts and as equal in population 24
insofar as is practicable. 25
(b) In [first ]dividing the county district into divisions the board shall, if more 26
than one (1) of its members reside in one (1) division, determine by lot which 27 UNOFFICIAL COPY 25 RS BR 1418
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member from that division shall represent that division, and which members 1
shall represent the divisions in which no member resides. The members so 2
determined to represent divisions in which no member resides shall be 3
considered the members from those divisions until their terms expire, and 4
thereafter the members from those divisions shall be nominated and elected as 5
provided in KRS 160.200 and 160.220 to 160.250. 6
(c) If a board of education of a county school district fails to adopt a new 7
division as required after the notification of the state board's determination 8
under subsection (1) of this section, then any new member positions shall be 9
considered at-large and subject to the appointment or election provisions in 10
subsection (1) of this section until the board of education adopts new 11
divisions. Once the new divisions are adopted, any question of 12
representation of divisions shall be determined under paragraph (b) of this 13
subsection. 14
(4)[(3)] Any changes made in division boundary lines shall be to make divisions as 15
equal in population and containing integral voting precincts insofar as is practical. 16
No change may be made in division boundary lines less than five (5) years after the 17
last change in any division lines, except in case of merger of districts, a change in 18
territory due to annexation, or to allow compliance with KRS 117.055(2). 19
(5)[(4)] (a) Notwithstanding the provisions of subsection (4)[(3)] of this section, if 20
one hundred (100) residents of a county school district division petition the 21
Kentucky Board of Education stating that the school district divisions are not 22
divided as nearly equal in population as can reasonably be expected, the chief 23
state school officer shall cause an investigation to determine the validity of the 24
petition, the investigation to be completed within thirty (30) days after receipt 25
of the petition. 26
(b) If the investigation reveals the school district to be unequally divided 27 UNOFFICIAL COPY 25 RS BR 1418
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according to population, the Kentucky Board of Education, upon the 1
recommendation of the chief state school officer, shall order the local board of 2
education to make changes in school district divisions as are necessary to 3
equalize population within the required number of[five (5) school] divisions. 4
(c) If any board fails to comply with the order of the Kentucky Board of 5
Education within thirty (30) days or prior to August 1 in any year in which 6
any members of the board are to be elected, members shall be elected from 7
the district at large until the order of the Kentucky Board of Education has 8
been complied with. 9
(d) No change shall be made in the boundary of any division under the provisions 10
of this subsection after August 1 in the year in which a member of the school 11
board is to be elected from any division. 12
[(5) Notwithstanding the provisions of subsection (2) of this section, in counties 13
containing a city of the first class wherein a merger pursuant to KRS 160.041 shall 14
have been accomplished, there shall be seven (7) divisions as equal in population as 15
is practicable, with members elected from divisions. To be eligible to be elected 16
from a division, a candidate must reside in that division. The divisions, based upon 17
1970 United States Census Bureau Reports on total population by census tracts for 18
Jefferson County, Kentucky shall be as follows: Division One shall include census 19
tracts 1-28; Division Two shall include census tracts 29-35, 47-53, 57-74, 80-84, 20
93, 129, 130; Division Three shall include census tracts 75-79, 85-88, 98-106, 21
107.01, 108; Division Four shall include census tracts 121.01, 123-128; Division 22
Five shall include census tracts 36-46, 56, 90, 120, 121.02, 122; Division Six shall 23
include census tracts 54, 55, 91, 92, 94, 95, 110.02, 113, 114, 117.01, 117.02, 118, 24
119; Division Seven shall include census tracts 89, 96, 97, 107.02, 109, 110.01, 25
111, 112, 115, 116, 117.03, 131, 132. The terms of the members to be elected, KRS 26
160.044 notwithstanding, shall be four (4) years and the election for the initial four 27 UNOFFICIAL COPY 25 RS BR 1418
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(4) year terms shall be as follows: The election of the members from Divisions 1
Two, Four and Seven shall be held at the next regular November election following 2
the effective date of the merger pursuant to KRS 160.041, and the election of the 3
members from Divisions One, Three, Five and Six shall be held at the regular 4
November election two (2) years thereafter.] 5
(6) In counties containing cities of the first class, responsibility for the establishment or 6
the changing of school board division boundaries shall be with the local board of 7
education, subject to the review and approval of the county board of elections. 8
Where division and census tract boundaries do not coincide with existing election 9
precinct boundaries, school board divisions shall be redrawn to comply with 10
precinct boundaries. In no instance shall precinct boundaries be redrawn nor shall a 11
precinct be divided to accommodate the drawing of school board division lines. 12
Precinct boundaries nearest existing school board division boundaries shall become 13
the new division boundary. All changes under this statute shall be completed on or 14
before [January 1, 1979, and on or before ]January 1 in any [succeeding ]year in 15
which a member of the school board is to be elected from any division. A record of 16
all changes in division lines shall be kept in the offices of the county board of 17
education and the county board of elections. The board of education shall publish 18
all changes pursuant to KRS Chapter 424. A copy of the newspaper in which the 19
notice is published shall be filed with the chief state school officer within ten (10) 20
days following its publication. 21
(7) Within ten (10) days of a board of education of a county school district adopting 22
new divisions, the board shall submit the new divisions to the Kentucky 23
Department of Education and the Legislative Research Commission. 24
Section 5. KRS 160.200 is amended to read as follows: 25
(1) All elections for members of boards of education shall be in even numbered years, 26
for a term of four (4) years[, except as provided in KRS 160.210(5)]. Except as 27 UNOFFICIAL COPY 25 RS BR 1418
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provided in subsection (3) of this section, the elections shall be held at the regular 1
November election. 2
(2) In each even numbered year, there shall be held an election in every county and 3
independent district to fill the membership of the boards of education for the terms 4
that will expire on the first Monday in January following, and the regularly elected 5
members shall hold office for four (4) years and until their successors are elected 6
and have qualified. 7
(3) Any independent school district embracing a designated city may, at the discretion 8
of its board of education, hold its election of board members at its public school 9
building on the first Saturday in May. The election shall be held by three (3) 10
officers appointed by the board of education and the expenses of the election shall 11
be paid from the treasury of the school district. In all other respects the provisions 12
of this chapter relating to holding elections for board members shall apply. 13
(4) [In counties containing a city of the first class, wherein a merger pursuant to KRS 14
160.041 shall have been accomplished, the terms of the members shall be as 15
provided in KRS 160.210(5). Elected members of such boards, excepting those 16
boards of education representing ten percent (10%) or less of the student population 17
of the county serving at the effective date of such a merger shall continue to serve 18
until their term expires, but no appointments shall be made to fill vacancies. The 19
terms of office of members of boards of education representing ten percent (10%) 20
or less of the student population of the county shall expire on the effective date of 21
the merger. 22
(5) ]As used in this section, "designated city" means a city classified as a city of the 23
fifth class as of January 1, 2014, under the city classification system in effect prior 24
to January 1, 2015. The Department of Education shall[, on or before January 1, 25
2015,] create an official registry listing the cities that qualify as a "designated city" 26
under this section and shall publish that registry on its website[ web site]. 27 UNOFFICIAL COPY 25 RS BR 1418
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Section 6. KRS 116.200 is amended to read as follows: 1
(1) (a) On or before January 1, 2011, each city clerk, except in consolidated local 2
governments and urban-county governments, shall provide the clerk of the 3
county or counties in which the city is located with a list of all properties 4
within the city and a map of the city boundaries for the county clerk to 5
maintain a roster of voters who are eligible to vote in city elections. A county 6
clerk may accept the list of city properties in an electronic format and the city 7
clerk may provide a copy of the city's boundary map maintained by the 8
Kentucky Commonwealth Office of Technology, Division of Geographic 9
Information Systems; and 10
(b) Documentation of any change to the boundaries of a city shall be reported to 11
the county clerk in accordance with KRS 81A.475. 12
(2) (a) On or before January 1, 2011, each school district board shall provide the 13
clerk of the county in which the school district is located with maps and 14
written descriptions of the boundaries of each school board district located in 15
the county for the county clerk to maintain a roster of voters who are eligible 16
to vote in school board elections. 17
(b) Documentation of any change to a school district's boundaries shall be 18
reported to the county clerk within sixty (60) days of the change, or 19
immediately if the change is within sixty (60) days of the August 1 deadline 20
established in KRS 160.210(5)[(4)](d). 21
(3) Each county clerk shall code all registered voters in that county in such a manner 22
that precinct election officers may determine the voter's eligibility to vote in city 23
and school board elections prior to each primary and regular election for city 24
officers in that county, each regular election for school board members in that 25
county, and each special election in which a ballot question is presented to the 26
residents of a city or a school board district. 27 UNOFFICIAL COPY 25 RS BR 1418
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(4) Notwithstanding KRS 64.012, the county clerk shall not charge a fee to a city or 1
school district providing any information required by subsections (1)(a) and (2)(a) 2
of this section. 3
(5) Nothing in this section shall prohibit a county clerk from requesting additional 4
information from the city, school district board, or any other reliable source to 5
ascertain whether a registered voter resides within a city or a school district 6
boundary. 7
Section 7. Notwithstanding the specific future dates established in subsection 8
(1) of Section 4 of this Act, the Kentucky Board of Education shall make initial 9
determinations of the board size required under Section 4 of this Act by December 31, 10
2025. Within 30 days of receiving a notice from the Kentucky Board of Education, any 11
local board of education that is required to add membership due to the district's 12
enrollment shall conduct the necessary division changes pursuant to Section 4 of this Act. 13
However, the additional positions created shall be declared vacant and filled pursuant to 14
KRS 160.190. The appointed vacancies shall be filled at the next regular election for a 15
full four-year term. 16
Section 8. Within 30 days of the effective date of this Act, each superintendent 17
shall submit a report to the district's local board of education required under subsection 18
(9) of Section 3 of this Act for all the closed investigations that have been concluded 19
during the superintendent's current contract. 20