Ky. Rev. Stat. » Chapter 160
Kentucky Revised Statutes

Ky. Rev. Stat. § 160.190 (2026)

Process to fill vacancy

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) Any vacancy in any board of education shall be filled by a majority vote of the remaining members of the local board within sixty (60) days after the vacancy occurs. Within thirty (30) days of the vacancy, the local board shall, for two (2) weeks, have solicited applications by posting a notice announcing the vacancy on the district's website and by placing an advertisement in the newspaper of the largest general circulation in the county. An applicant shall file a letter of intent with the local board affirming that the applicant meets the eligibility requirements as established by KRS 160.180 and shall submit with the application a transcript evidencing completion of the twelfth grade or results of a twelfth grade equivalency examination. After the two (2) weeks of advertisement on the district's website and in the newspaper, the local board shall select from the applicants under this subsection to fill the vacancy. (2) If the local board fails to make an appointment under subsection (1) of this section, then the chief state school officer shall fill the vacancy within sixty (60) days of the failure. (3) The member chosen under this section shall meet the eligibility requirements as established by KRS 160.180 and shall hold office until his or her successor is elected or appointed, and has qualified. (4) Any vacancy having an unexpired term of one (1) year or more on August 1 after the vacancy occurs shall be filled for the unexpired term by an election to be held at the next regular election after the vacancy occurs. The elected member shall succeed the member chosen under subsection (1) or (2) of this section to fill the vacancy. Nominating petitions shall be filed with the county clerk not later than the second Tuesday in August preceding the day for holding the regular election for the unexpired term. Declarations of intent to be a write-in candidate shall be filed with the county clerk in accordance with KRS 117.265. (5) (a) If no candidate files a petition of nomination or declaration of intent to be a write-in candidate to fill an unexpired term on a local board of education under subsection (4) of this section, then a new vacancy shall exist on November 1 and the vacancy shall be filled according to subsection (1) of this section. (b) If no candidate files a petition of nomination or declaration of intent to be a write-in candidate for a new term on a local board of education opening pursuant to KRS 118.315 and 118.365, then a vacancy shall exist on January 1 and the vacancy shall be filled according to subsection (1) of this section. Effective: April 27, 2024 History: Amended 2024 Ky. Acts ch. 224, sec. 28, effective April 27, 2024. -- Amended 2019 Ky. Acts ch. 24, sec. 1, effective June 27, 2019. -- Amended 1990 Ky. Acts ch. 476, Pt. II, sec. 70, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 376, sec. 2, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 57, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399- 30.

Notes of Decisions
Cited in 6 cases, 1951–1986 · leading case: Gearhart v. Kentucky State Bd. of Educ., 355 S.W.2d 667 (Ky. Ct. App. 1962).
Sort: Relevance Newest Treatment
Gearhart v. Kentucky State Bd. of Educ., 355 S.W.2d 667 (Ky. Ct. App. 1962). · cites it 9× “See KRS 160.190. This statute originally read, “For the purpose of enforcing the provisions of this act,” referring to Chapter 113 governing Common Schools.”
Burkhart v. Blanton, 635 S.W.2d 328 (Ky. Ct. App. 1982). · cites it 2× “Following the redistricting and the judicial declaration that the Division Two seat was vacant, Barbara Aired was appointed pursuant to KRS 160.190(1) to sit on the board until a successor was chosen.”
Shields v. Wilkins, 449 S.W.2d 220 (Ky. Ct. App. 1969). · cites it 3× “The appellant contends that the appointment of the appellee by the State Board of Education pursuant to KRS 160.190 entitled the appellee to hold the office only until the next general election, which in the present case occurred at the November election 1968.”
Kash v. Day, 239 S.W.2d 959 (Ky. Ct. App. 1951). · cites it 2× “Under KRS 160.190, any vacancy in a board of education may be filled by the remaining members of the board within 90 days after the vacancy occurs.”
Appeal of Muhlenberg Cnty. Bd. of Educ., 714 S.W.2d 168 (Ky. Ct. App. 1986). “The conflict arose with respect to KRS 160.190, the general statute providing for the election of board members in the event of vacancies.”
Choate v. Commonwealth ex rel. Ferguson, 347 S.W.2d 81 (Ky. Ct. App. 1961). “Appellee then filed an amended complaint making two of the appointees (appellants) defendants on the ground that since their predecessors were not qualified to serve, a vacancy had existed from the time they took office, and inasmuch as the vacancy exceeded 90 days, the county…”
— Ky. Rev. Stat. § 160.190(1) — 1 case
Burkhart v. Blanton, 635 S.W.2d 328 (Ky. Ct. App. 1982). “Following the redistricting and the judicial declaration that the Division Two seat was vacant, Barbara Aired was appointed pursuant to KRS 160.190(1) to sit on the board until a successor was chosen.”
— Ky. Rev. Stat. § 160.190(2) — 1 case
Burkhart v. Blanton, 635 S.W.2d 328 (Ky. Ct. App. 1982). “Following the redistricting and the judicial declaration that the Division Two seat was vacant, Barbara Aired was appointed pursuant to KRS 160.190(1) to sit on the board until a successor was chosen.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.