Boards of education of any two (2) or more contiguous school districts may by concurrent
action merge their districts into one (1). In case of a merger, the members of the boards of
education of the merged districts may serve out the terms for which they were elected.
The resulting district shall take over all the assets and legal liabilities of the districts
joining in the merger. Tax levies authorized for the payment of interest and the retirement
of bonds or to create sinking funds for such purposes shall continue to be levied and
collected over the same area by or for the new board in accordance with the laws under
which the levies were originally made until all bonded obligations of the old district have
been retired.
Effective: July 13, 1990
History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 418, effective July
13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 4399-4.
Notes of Decisions
LaFollette v. Ovesen (1951)
kyctapp · cites it 8×
“On January 6, 1950, the Hodgenville Board passed a resolution proposing a merger with the LaRue County District purportedly under KRS 160.040. On January 11th the County Board considered the petition of the Hodgenville Board and by resolution adopted a counter proposal.”
Board of Education v. Board of Education (1975)
kyctapp · cites it 3×
“041 (by application of the independent district to the county district, determinable by the State Board of Education in case in inability to agree), and not in the case of a merger under KRS 160.040 (by concurrent action of the two districts).”
Wesley v. Board of Education of Nicholas County (1966)
kyctapphigh
“When an independent school district is merged with a county district, as authorized by KRS 160.040, the respective members of the merging boards may serve to completion the terms for which they were elected.”
Board of Education of Lexington v. Harville (1967)
kyctapp · cites it 2×
“Therefore, that portion of KRS 160.040, requiring that such taxes “continue to be levied and collected over the same area” after merger, is inapplicable.”
Stull v. Webster County Board of Education (1960)
kyctapp
“However, after the merger of the Sebree District, the Board had six members (see KRS 160.040), and they became deadlocked on further’proceedings, and no action was taken until the Board became a five member body.”
McClellan v. Darnell (1961)
kyctapp
“” KRS 160.040. When the Hickman Independent School District and the Fulton County School District merged in February, 1956, the members of the respective school boards continued in office and on May 4 following, the members of the merged boards undertook to adjust one of the…”
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