AN ACT relating to school districts.

UNOFFICIAL COPY 26 RS BR 2308
Page 1 of 3
XXXX 2/27/2026 10:41 AM Jacketed
AN ACT relating to school districts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.020 is amended to read as follows: 3
(1) All school districts embracing designated cities together with the territory within 4
their limits, including any territory added for school purposes outside of the city 5
limits, and all independent graded co mmon school districts having a school census 6
enumeration of two hundred (200) or more children, constitute independent school 7
districts, except those which have merged with a county school district since June 8
14, 1934. No independent district [other than a designated city ] shall continue to 9
operate when its average daily enrollment [school census enumeration of children] 10
falls below minimum enrollment requirements[two hundred (200) pupils] unless it 11
appears to the Kentucky Board of Education that the distric t can maintain a more 12
efficient program of school service by operating as an independent district as 13
demonstrated through evidence that includes but is not limited to the: 14
(a) District's student achievement, academic growth, school climate, and 15
successful student outcomes; 16
(b) Lack of waste, duplication, or mismanagement in the operation of the 17
district; 18
(c) Number of nonresident pupils who enroll into the district; and 19
(d) Projected impact from implementing a merger with a contiguous district in 20
providing an efficient program of school service and an adequate education 21
for the district's students. 22
(2) The minimum enrollment requirements shall be: 23
(a) Three hundred (300) in -person students for school districts providing no 24
service in any grade nine (9) through twelve (12); and 25
(b) Four hundred fifty (450) in -person students for school districts providing 26
service in any grade nine (9) through twelve (12). 27
UNOFFICIAL COPY 26 RS BR 2308
Page 2 of 3
XXXX 2/27/2026 10:41 AM Jacketed
(3) As used in this se ction, "designated city" means a city classified as a city of the 1
first, second, third, fourth, or fifth class as of January 1, 2014, under the city 2
classification system in effect prior to January 1, 2015. The Department of 3
Education shall, on or before J anuary 1, 2015, create an official registry listing the 4
cities that qualify as a "designated city" under this section and shall publish that 5
registry on its website[Web site]. 6
Section 2. KRS 160.041 is amended to read as follows: 7
(1) When a board of education of a[an independent] school district desires to have its 8
district merge with[become] a contiguous[part of the county] school district, it shall 9
by motion so record its desire in the minutes of the board. The board, o r its 10
executive officer, shall convey this request to the[ county] board of education of the 11
contiguous school district. At its next regular meeting, or at a special meeting held 12
prior thereto, the[ county] board of education of the contiguous school district shall 13
consider the[pass upon this] request. 14
(2) (a) If the[ county] board of education receiving the request refuses, or the two (2) 15
boards of education cannot agree upon such a proposition of merger [ of the 16
independent district with the county distric t], the question of merger shall be 17
submitted to the qualified voters of the two (2) districts at the next regular 18
election if the question is filed with the county clerk not later than the second 19
Tuesday in August preceding the regular election. 20
(b)[(a)] If a majority of those voting on the question from each respective 21
school district favor merger, the school boards of the two (2) school districts 22
shall jointly develop a plan for adoption of the merger. 23
(c)[(b)] If the two (2) school boards cannot agree to the terms of merger within 24
sixty (60) days following the date of the regular election, the chief state school 25
officer shall develop the terms of the adoption of merger. 26
[(c) Notwithstanding subsection (2)(a) of this section, if the independent school 27
UNOFFICIAL COPY 26 RS BR 2308
Page 3 of 3
XXXX 2/27/2026 10:41 AM Jacketed
district cannot meet its current operating expenses from projected revenue and 1
if the two (2) school boards cannot agree to the terms of a merger, the 2
proposition of merger shall be submitted to the Kentucky Board of Education, 3
and the Kentucky Board of Education shall determine whether the two (2) 4
districts should be merged and if merged the terms thereto.] 5
(d) Upon completion of the plan for adoption of the merger, whether prepared by 6
the school boards or the chief state school officer [superintendent], it shall 7
become effective and the districts[independent district] shall merge[become a 8
part of the county school district] as set out in the plan. 9
(3) Notwithstanding subsection (2) of this section, if a school distric t cannot meet its 10
current operating expenses from projected revenue and cannot negotiate a 11
merger with a contiguous school district, the Kentucky Board of Education shall 12
direct the merger of the insolvent school district with a contiguous district and 13
determine the terms of the merger. 14
(4) The Kentucky Board of Education shall promulgate administrative regulations in 15
accordance with KRS Chapter 13A to establish procedures and terms for the 16
merging of school districts due to insolvency under this section. 17