training requirements.
(1) As used in this section, "relative" means father, mother, brother, sister, husband, wife, son, and daughter.
(2) A person shall only be eligible for membership on a board of education if the person:
(a) Has attained the age of twenty-four (24) years;
(b) Has been a citizen of Kentucky for at least three (3) years preceding the election and is a voter of the district for which he or she is elected;
(c) Has completed at least the twelfth grade or has been issued a High School Equivalency Diploma, as evidenced by:
1. An affidavit signed under penalty of perjury certifying completion of the twelfth grade or the equivalent that has been filed with the nominating petition required by KRS 118.315; or
2. A transcript evidencing completion of the twelfth grade or the results of a twelfth grade equivalency examination that has been filed with the nominating petition required by KRS 118.315;
(d) Does not hold any elective federal, state, county, or city office;
(e) Is not, at the time of his or her election, directly or indirectly interested in the sale to the board of books, stationery, or any other property, materials, supplies, equipment, or services for which school funds are expended;
(f) Has not been removed from membership on a board of education for cause; and
(g) Does not have a relative employed by the school district, in the case of a person elected after July 13, 1990. This shall not apply to a board member holding office on July 13, 1990, whose relative was not initially hired by the district during the tenure of the board member.
(3) (a) A member of a board of education shall be subject to removal from office pursuant to KRS 415.050 and 415.060 if, after the election the member:
1. Becomes interested in any contract with or claims against the board, of the kind mentioned in subsection (2)(e) of this section;
2. Moves his or her residence from the division for which he or she was chosen;
3. Attempts to influence the employment of any school employee, except the superintendent or school board attorney;
4. Is convicted of a felony;
5. Performs acts of malfeasance in performance of duties prescribed by law;
6. Willfully misuses, converts, or misappropriates public property or funds; or
7. Does anything that would render the member ineligible for reelection.
(b) In accordance with KRS 7.410, the Office of Education Accountability shall have the duty and responsibility to investigate current local board of education members for allegations of conduct prohibited by paragraph (a) of this subsection. After review and investigation, the Office of Education Accountability shall refer appropriate matters to the Attorney General.
(4) A member of a board of education shall be eligible for reelection unless he or she becomes disqualified.
(5) The annual in-service training requirements for all members of boards of education in office as of December 31, 2014, shall be as follows:
(a) Twelve (12) hours for members with zero to three (3) years of experience;
(b) Eight (8) hours for members with four (4) to seven (7) years of experience; and
(c) Four (4) hours for members with eight (8) or more years of experience. The Kentucky Board of Education shall identify the criteria for fulfilling this requirement.
(6) (a) For all members of boards of education who begin their initial service on or after January 1, 2015, the in-service training requirements shall be:
1. Twelve (12) hours for members with zero to eight (8) years of experience each year, which shall include a minimum of:
a. One (1) hour of ethics training each year; and
b. One (1) hour of open meetings and open records training within the first twelve (12) months of initial service and at least once every four (4) years thereafter; and
2. Eight (8) hours for members with more than eight (8) years of experience each year, which shall include a minimum of:
a. One (1) hour of ethics training each year; and
b. One (1) hour of open meetings and open records training at least once every four (4) years.
(b) Training topics for members under this subsection with less than two (2) years of consecutive service shall include three (3) hours of finance and one (1) hour of superintendent evaluation within the first two (2) years of service. The Kentucky Board of Education shall identify criteria for fulfilling this requirement. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 215, sec. 1, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 105, sec. 3, effective April 4, 2018. -- Amended 2017 Ky. Acts ch. 63, sec. 17, effective June 29, 2017; and ch. 192, sec. 1, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 136, sec. 1, effective July 15, 2014. -- Amended 1998 Ky. Acts ch. 416, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 145, sec. 5, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 214, sec. 1, effective July 13, 1990; and ch. 476, Pt. II, sec. 71, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 417, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 376, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 43, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978; and ch. 272, sec. 1, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399-22. Legislative Research Commission Note (4/4/2018). The amendments made to this statute in 2018 Ky. Acts ch. 105, sec. 3 are effective April 4, 2018. SB 101 (Ch. 105) was delivered to the Governor on March 22, 2018. The 10-day, not counting Sundays, veto period began on the next day, March 23, and ended at midnight on April 3, 2018. The Governor returned that bill to the Secretary of State on April 2 without signing it. Therefore, since the Governor could have retrieved it and signed it or vetoed it prior to the end of April 3, the bill would not take effect until the first moment of April 4, 2018 following the expiration of the 10-day veto period. Legislative Research Commission Note (7/13/90). This section was amended by two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails.
Notes of Decisions
Cited in
50
cases (
1 in the last 5 years), 1944–2024 · leading case:
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
· cites it 71× “Section (1) of KRS 160.180 defines "relative" as: father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law.”
State Bd. for Elementary & Secondary Educ. v. Ball, 847 S.W.2d 743 (Ky. 1993).
· cites it 11× “The relevant portions of KRS 160.180 state: (2) No person shall be eligible to membership on a board of education: (g) Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationery, or any other property, materials,…”
Letcher v. Commonwealth Ex Rel. Matthews, 414 S.W.2d 402 (Ky. Ct. App. 1967).
· cites it 11× “Subsection (1) (e) disqualifies any person who at the time of his election is directly or indirectly interested in the sale of various items for which school funds are expended.”
Moore v. Tiller, 409 S.W.2d 813 (Ky. Ct. App. 1966).
· cites it 8× “KRS 160.180 provides that no person shall be eligible for membership on a board of education unless he is a "voter of the district from which he is elected".”
Caudill v. Jud. Ethics Comm., 986 S.W.2d 435 (Ky. 1999).
· cites it 3× “2d 232 (1992), this Court held that the anti-nepotism statutes, KRS 160.180 and KRS 160.380, enacted as part of the Kentucky Education Reform Act of 1990 were constitutional.”
Tolliver v. Harlan Cnty. Bd. of Educ., 887 F. Supp. 144 (E.D. Ky. 1995).
· cites it 2× “The passage of KERA restructured the manner in which public school employees are to be employed. As discussed above, KRS § 160.”
Cook v. Popplewell, 394 S.W.3d 323 (Ky. 2011).
“At the outset of its analysis the Crutchfield Court discussed the appropriate level of judicial scrutiny: The initial inquiry is to determine what standard of scrutiny applies when testing the constitutionality of KRS 160.180.... Governmental classifications that do not target…”
In re the Election of Massey to Position No. 3, 605 P.2d 147 (Kan. 1980).
· cites it 2× “Ky. Rev. Stat. § 160.180 provided that no person shall be eligible for board membership unless a voter of the district from which he is elected.”
Adams v. Commonwealth Ex Rel. Buckman, 268 S.W.2d 930 (Ky. Ct. App. 1954).
· cites it 2× “We consider it unnecessary to' pass on this question, because we think it is clear that the two offices are functionally incompatible, in that the occupancy of both offices by the same person is detrimental to the public interest.”
Kirwan v. Speckman, 232 S.W.2d 841 (Ky. Ct. App. 1950).
· cites it 2× “Jennings Corporation wherein he alleged a contract the Board made with the corporation to expend $300,000 for the erection of a school building was void because Kirwan had cast the deciding vote in favor of the contract after he had vacated his office; that Smith in his…”
— Ky. Rev. Stat. § 160.180(1) — 17 cases
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
“Section (1) of KRS 160.180 defines "relative" as: father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law.”
Moore v. Tiller, 409 S.W.2d 813 (Ky. Ct. App. 1966).
“KRS 160.180 provides that no person shall be eligible for membership on a board of education unless he is a "voter of the district from which he is elected".”
Letcher v. Commonwealth Ex Rel. Matthews, 414 S.W.2d 402 (Ky. Ct. App. 1967).
“Subsection (1) (e) disqualifies any person who at the time of his election is directly or indirectly interested in the sale of various items for which school funds are expended.”
Adams v. Commonwealth Ex Rel. Buckman, 268 S.W.2d 930 (Ky. Ct. App. 1954).
“We consider it unnecessary to' pass on this question, because we think it is clear that the two offices are functionally incompatible, in that the occupancy of both offices by the same person is detrimental to the public interest.”
— Ky. Rev. Stat. § 160.180(1)(c) — 1 case
— Ky. Rev. Stat. § 160.180(2) — 8 cases
Moore v. Tiller, 409 S.W.2d 813 (Ky. Ct. App. 1966).
“KRS 160.180 provides that no person shall be eligible for membership on a board of education unless he is a "voter of the district from which he is elected".”
Letcher v. Commonwealth Ex Rel. Matthews, 414 S.W.2d 402 (Ky. Ct. App. 1967).
“Subsection (1) (e) disqualifies any person who at the time of his election is directly or indirectly interested in the sale of various items for which school funds are expended.”
— Ky. Rev. Stat. § 160.180(2)(g) — 1 case
State Bd. for Elementary & Secondary Educ. v. Ball, 847 S.W.2d 743 (Ky. 1993).
“The relevant portions of KRS 160.180 state: (2) No person shall be eligible to membership on a board of education: (g) Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationery, or any other property, materials,…”
— Ky. Rev. Stat. § 160.180(2)(i) — 4 cases
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
“Section (1) of KRS 160.180 defines "relative" as: father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law.”
Caudill v. Jud. Ethics Comm., 986 S.W.2d 435 (Ky. 1999).
“2d 232 (1992), this Court held that the anti-nepotism statutes, KRS 160.180 and KRS 160.380, enacted as part of the Kentucky Education Reform Act of 1990 were constitutional.”
— Ky. Rev. Stat. § 160.180(3) — 6 cases
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
“Section (1) of KRS 160.180 defines "relative" as: father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law.”
State Bd. for Elementary & Secondary Educ. v. Ball, 847 S.W.2d 743 (Ky. 1993).
“The relevant portions of KRS 160.180 state: (2) No person shall be eligible to membership on a board of education: (g) Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationery, or any other property, materials,…”
— Ky. Rev. Stat. § 160.180(4) — 7 cases
Letcher v. Commonwealth Ex Rel. Matthews, 414 S.W.2d 402 (Ky. Ct. App. 1967).
“Subsection (1) (e) disqualifies any person who at the time of his election is directly or indirectly interested in the sale of various items for which school funds are expended.”
— Ky. Rev. Stat. § 160.180(c) — 1 case
— Ky. Rev. Stat. § 160.180(l)(b) — 1 case
— Ky. Rev. Stat. § 160.180(l)(d) — 1 case
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