Ky. Rev. Stat. » Chapter 160

Ky. Rev. Stat. § 160.210

Election of board members -- Divisions in districts -- Change in boundary

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lines of divisions -- Boards in counties containing city of first class. (1) 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. (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: June 27, 2019 History: Amended 2019 Ky. Acts ch. 24, sec. 2, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 105, sec. 4, effective April 4, 2018. -- 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. Legislative Research Commission Note (4/4/2018). The amendments made to this statute in 2018 Ky. Acts ch. 105, sec. 4 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.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1946–2022 · leading case: Holcomb v. Mayes
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Holcomb v. Mayes (1956) kyctapp · cites it 3× “The manner of election of members of a county board of education from school divisions is set forth in KRS 160.210. Provision is made in subsection (3) of the statute for alteration of the division boundaries under certain conditions.”
Coleman v. Winbigler (2022) kyed · cites it 20× “210(3), which states that “no change may be made in division boundary lines less than five (5) years after the last change in any division line[,]” Plaintiffs have not brought a challenge to Ky. Rev. Stat. § 160.210. The only cause of action alleged by Plaintiffs is a claim…”
Moore v. Tiller (1966) kyctapphigh “KRS 160.210 provides that in a county school district, which is involved here, members shall be elected from "divisions" of the district.”
In re the Election of Massey to Position No. 3 (1980) kan “Ky. Rev. Stat. § 160.210 provided for county school districts to be divided into “divisions.”
Fiscal Court of Jefferson County v. City of Anchorage (1965) kyctapphigh “” However, the opinion does not cite any authority in support of that particular proposition, nor was the decision necessarily premised upon it.”
Burkhart v. Blanton (1982) kyctapp “The school board then proceeded with the redistricting required upon merger by KRS 160.210(3). A redistricting plan was approved by the Harlan County Board of Education on May 13, 1981.”
Gearhart v. Kentucky State Board of Education (1962) kyctapp “See KRS 160.210. So much of Barton v. Brafford as may be inconsistent is overruled.”
Brumleve v. Ruth (1946) kyctapphigh “71, now KRS 160.210. As shown in the recitation of the present conditions in the Fourth Appellate District, regular elections of members of boards of education are to be held this year in six separate and independent districts or divisions, and none at all in three divisions of…”
Stull v. Webster County Board of Education (1960) kyctapp · cites it 2× “One of the grounds of attack upon the action of the Board was that the Board was illegal because it had not been organized or formed as provided by the statutes, and that its members were not holding office in accordance with the law.”
Board of Education of Hopkins County v. Hopkins County (1952) kyctapp “It is doubtful if the facts stated sufficiently show that the designated divisions do not comply with the provisions of KRS 160.210'. However that may be, subsection 4 of this statute provides an adequate and complete remedy by appeal to- the county court from the action of a…”
Appeal of Muhlenberg County Board of Education (1986) kyctapp “We find Kirby’s view more persuasive than that of the Attorney General, and we hold that, in merger situations such as the one here, KRS 160.210 mandates that elections shall be from districts, not the county at large.”
— Ky. Rev. Stat. § 160.210(2) — 1 case
Coleman v. Winbigler (2022) kyed “210(3), which states that “no change may be made in division boundary lines less than five (5) years after the last change in any division line[,]” Plaintiffs have not brought a challenge to Ky. Rev. Stat. § 160.210. The only cause of action alleged by Plaintiffs is a claim…”
— Ky. Rev. Stat. § 160.210(3) — 2 cases
Burkhart v. Blanton (1982) kyctapp “The school board then proceeded with the redistricting required upon merger by KRS 160.210(3). A redistricting plan was approved by the Harlan County Board of Education on May 13, 1981.”
Coleman v. Winbigler (2022) kyed “210(3), which states that “no change may be made in division boundary lines less than five (5) years after the last change in any division line[,]” Plaintiffs have not brought a challenge to Ky. Rev. Stat. § 160.210. The only cause of action alleged by Plaintiffs is a claim…”
— Ky. Rev. Stat. § 160.210(4) — 1 case
Holcomb v. Mayes (1956) kyctapp “The manner of election of members of a county board of education from school divisions is set forth in KRS 160.210. Provision is made in subsection (3) of the statute for alteration of the division boundaries under certain conditions.”
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