160.210 Election of board members -- Appointments for openings with no candidate filings -- Change in boundary lines of divisions -- Boards in counties containing city of first class. - Kentucky Statutes

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160.210 Election of board members -- Appointments for openings with no candidate filings -- Change in boundary lines of divisions -- Boards in counties
containing city of first class. (1) (a) In independent school districts, the members of the school board shall be elected from the district at large. In county school districts, members shall be
elected from divisions. (b) If no candidate files a petition of nomination for a county board of education opening pursuant to KRS 118.315, the chief state school officer shall fill the
new term of office for all openings that have no candidate filings under KRS
118.315 by appointing a member to the local board who meets the residency
requirement and the qualifications for office provided in KRS 160.180. The
local board of education may make nominations and any person may nominate
himself or another for the office. (c) Unless a number of candidates equal to or greater than the number of positions to be filled file petitions for nomination for an independent board of
education opening pursuant to KRS 118.315, the chief state school officer
shall fill the new term of office for all openings that have no candidate filings
under KRS 118.315 by appointing a member to the local board who meets the
residency requirement and the qualifications for office provided in KRS
160.180. The local board of education may make nominations and any person
may nominate himself or another for the office. (2) The board of education of each county school district shall, not later than July 1, 1940, divide its district into five (5) divisions containing integral voting precincts
and as equal in population insofar as is practicable. In first dividing the county
district into divisions the board shall, if more than one (1) of its members reside in
one (1) division, determine by lot which member from that division shall represent
that division, and which members shall represent the divisions in which no member
resides. The members so determined to represent divisions in which no member
resides shall be considered the members from those divisions until their terms
expire, and thereafter the members from those divisions shall be nominated and
elected as provided in KRS 160.200 and 160.220 to 160.250. (3) Any changes made in division boundary lines shall be to make divisions as equal in population and containing integral voting precincts insofar as is practical. No
change may be made in division boundary lines less than five (5) years after the last
change in any division lines, except in case of merger of districts, a change in
territory due to annexation, or to allow compliance with KRS 117.055(2). (4) (a) Notwithstanding the provisions of subsection (3) of this section, if one hundred (100) residents of a county school district division petition the
Kentucky Board of Education stating that the school district divisions are not
divided as nearly equal in population as can reasonably be expected, the chief
state school officer shall cause an investigation to determine the validity of the
petition, the investigation to be completed within thirty (30) days after receipt
of the petition. (b) If the investigation reveals the school district to be unequally divided according to population, the Kentucky Board of Education, upon the
recommendation of the chief state school officer, shall order the local board of
education to make changes in school district divisions as are necessary to
equalize population within the five (5) school divisions. (c) If any board fails to comply with the order of the Kentucky Board of Education within thirty (30) days or prior to August 1 in any year in which any
members of the board are to be elected, members shall be elected from the
district at large until the order of the Kentucky Board of Education has been
complied with. (d) No change shall be made in the boundary of any division under the provisions of this subsection after August 1 in the year in which a member of the school
board is to be elected from any division. (5) Notwithstanding the provisions of subsection (2) of this section, in counties containing a city of the first class wherein a merger pursuant to KRS 160.041 shall
have been accomplished, there shall be seven (7) divisions as equal in population as
is practicable, with members elected from divisions. To be eligible to be elected
from a division, a candidate must reside in that division. The divisions, based upon
1970 United States Census Bureau Reports on total population by census tracts for
Jefferson County, Kentucky shall be as follows: Division One shall include census
tracts 1-28; Division Two shall include census tracts 29-35, 47-53, 57-74, 80-84,
93, 129, 130; Division Three shall include census tracts 75-79, 85-88, 98-106,
107.01, 108; Division Four shall include census tracts 121.01, 123-128; Division
Five shall include census tracts 36-46, 56, 90, 120, 121.02, 122; Division Six shall
include census tracts 54, 55, 91, 92, 94, 95, 110.02, 113, 114, 117.01, 117.02, 118,
119; Division Seven shall include census tracts 89, 96, 97, 107.02, 109, 110.01,
111, 112, 115, 116, 117.03, 131, 132. The terms of the members to be elected, KRS
160.044 notwithstanding, shall be four (4) years and the election for the initial four
(4) year terms shall be as follows: The election of the members from Divisions
Two, Four and Seven shall be held at the next regular November election following
the effective date of the merger pursuant to KRS 160.041, and the election of the
members from Divisions One, Three, Five and Six shall be held at the regular
November election two (2) years thereafter. (6) In counties containing cities of the first class, responsibility for the establishment or the changing of school board division boundaries shall be with the local board of
education, subject to the review and approval of the county board of elections.
Where division and census tract boundaries do not coincide with existing election
precinct boundaries, school board divisions shall be redrawn to comply with
precinct boundaries. In no instance shall precinct boundaries be redrawn nor shall a
precinct be divided to accommodate the drawing of school board division lines.
Precinct boundaries nearest existing school board division boundaries shall become
the new division boundary. All changes under this statute shall be completed on or
before January 1, 1979, and on or before January 1 in any succeeding year in which
a member of the school board is to be elected from any division. A record of all changes in division lines shall be kept in the offices of the county board of
education and the county board of elections. The board of education shall publish
all changes pursuant to KRS Chapter 424. A copy of the newspaper in which the
notice is published shall be filed with the chief state school officer within ten (10)
days following its publication. Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 148, sec. 1, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 243, sec. 13, effective April 1, 1998. -- Amended 1996 Ky. Acts
ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. II,
sec. 69, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 59, sec. 3, effective
July 15, 1982; and ch. 227, sec. 1, effective July 15, 1982. -- Amended 1978 Ky.
Acts ch. 155, sec. 82, effective June 17, 1978; and ch. 380, sec. 1, effective June 17,
1978. -- Amended 1974 Ky. Acts ch. 224, sec. 4. -- Amended 1968 Ky. Acts ch. 48,
sec 1. -- Amended 1966 Ky. Acts ch. 239, sec. 146. -- Amended 1956 (1st Extra.
Sess.) Ky. Acts ch. 7, Art. II, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4399-24.