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

Ky. Rev. Stat. § 160.350 (2026)

Superintendent of schools -- Appointment -- Term -- Vacancy --

✓ current as of May 2026
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Qualifications -- Removal -- Contract extension. (1) After considering the recommendations of a screening committee, as provided in KRS 160.352, each board of education shall appoint a superintendent of schools whose term of office shall begin on July 1, following the individual's appointment. The appointment may be for a term of no more than four (4) years. In the event a vacancy occurs in the office of superintendent prior to the expiration of the term set by the board, the term shall expire on the date the vacancy occurs. Therefore, the board may appoint a superintendent for a new term as provided in this subsection, which shall begin on the date of the superintendent's appointment, except when the vacancy occurs after a school board election and before the newly elected members take office. When a vacancy occurs during this period, the position shall not be filled until the new members take office, but the board may appoint an acting superintendent to serve a term not to exceed six (6) months. This appointment may be renewed once for a period not to exceed three (3) months. If a vacancy occurs, a local board may also appoint an acting superintendent during the period the screening committee pursuant to KRS 160.352 conducts its business and prior to the actual appointment of the new superintendent. No superintendent shall resign during a term and accept a new term from the same board of education prior to the expiration date of the present term. In the case of a vacancy in the office for an unexpired term, the board of education shall make the appointment so that the term will end on June 30. The board shall set the salary of the superintendent to be paid in regular installments. (2) An individual shall not assume the duties of superintendent in a district until he or she provides the board of education with a copy of a certificate for school superintendent issued by the Education Professional Standards Board or its legal predecessor. A superintendent shall hold a valid certificate throughout the period of employment. A superintendent shall successfully complete the training program and assessment center process within two (2) years of assuming the duties of superintendent. A superintendent shall not serve as director or officer of a bank, trust company, or savings or loan association that has the school district's funds on deposit. Following appointment, the superintendent shall establish residency in Kentucky. (3) A superintendent of schools may be removed for cause by a vote of four-fifths (4/5) of the membership of a board of education and upon approval by the commissioner of education. However, if the dismissal of the superintendent has been recommended by a highly skilled certified educator pursuant to KRS 158.6455 and the action is approved by the commissioner of education, the board shall terminate the superintendent's contract. Written notice setting out the charges for removal shall be spread on the minutes of the board and given to the superintendent. The board shall seek approval by the commissioner of education for removing the superintendent. The commissioner of education shall investigate the accuracy of the charges made, evaluate the superintendent's overall performance during the superintendent's appointment, and consider the educational performance of the students in the district. Within thirty (30) days of notification, the commissioner of education shall either approve or reject the board's request. (4) After the completion of a superintendent's first contract or after four (4) years, whichever comes last, the board of education may, no later than June 30, extend the contract of the superintendent for one (1) additional year beyond the current term of employment. Effective: April 10, 2014 History: Amended 2014 Ky. Acts ch. 77, sec. 2, effective April 10, 2014. -- Amended 2004 Ky. Acts ch. 117, sec. 1, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 470, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 77, sec. 1, effective July 15, 1998; and ch. 598, sec. 18, effective April 14, 1998. -- Amended 1996 Ky. Acts ch. 349, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 14, sec. 2, effective February 17, 1994. – Amended 1992 Ky. Acts ch. 170, sec. 3, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 476, sec. 75, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 34, sec. 3, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 246, sec. 1, effective July 13, 1984. -- Amended 1966 Ky. Acts ch. 89, sec. 9. -- Amended 1942 Ky. Acts ch. 113, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399- 34.

Notes of Decisions
Cited in 18 cases, 1944–2016 · leading case: Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992).
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Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992). · cites it 5× “Under KRS 160.350(1), boards are responsible for hiring and fixing the salary of superintendents.”
Wesley v. Bd. of Educ. of Nicholas Cnty., 403 S.W.2d 28 (Ky. Ct. App. 1966). · cites it 7× “KRS 160.350. He brought this action in the Nicholas Circuit Court asserting that the Board’s action was illegal, but the judgment there was adverse *29 to him; this appeal is from that adverse judgment.”
Carter v. Smith, 366 S.W.3d 414 (Ky. 2012). “…thirty (30) days of notification, the commissioner of education shall either approve or reject the board's request.” KRS 160.350(3).”
Bell v. Bd. of Educ. of McCreary Cnty., 450 S.W.2d 229 (Ky. Ct. App. 1970). · cites it 5× “See KRS 160.350. He was duly notified of the charges and filed a response denying them, requesting a hearing, and demanding that the members of the board disqualify themselves from hearing the charges on the ground that they were biased and prejudiced against him.”
Bd. of Educ. of Ashland Sch. Dist. v. Chattin, 376 S.W.2d 693 (Ky. Ct. App. 1964). · cites it 2× “2d 467, 469 (1961), the substance of our decision was that if the action of a school board in discharging its superintendent for cause pursuant to KRS 160.350 is supported by substantial evidence it cannot be set aside by a court.”
Bd. of Educ. v. Gulick, 398 S.W.2d 483 (Ky. Ct. App. 1966). · cites it 3× “The question presented involves a construction of KRS 160.350, which in part is as follows: “Each board of education shall appoint a superintendent of schools whose term of office shall begin on July 1 following his appointment.”
Bd. of Educ. of Graves Cnty. v. De Weese, 343 S.W.2d 598 (Ky. Ct. App. 1961). · cites it 2× “§§ 161, 235 and 246, since the office of superintendent is a creature of statute (KRS 160.350) and is not named in the constitution.”
Bd. of Educ. of Bath Cnty. v. Hogge, 239 S.W.2d 459 (Ky. Ct. App. 1951). “” Notwithstanding this stipulation, the plaintiff was permitted to file an amended complaint, over the objection of the defendants, alleging that at the time of the July 6 meeting defendant Sexton was not qualified as superintendent because he bad not taken the oath of office…”
Hoskins v. Keen, 350 S.W.2d 467 (Ky. Ct. App. 1961). “The circuit court found that the evidence was not sufficient to establish and sustain the charges preferred against the appellee; not sufficient to show legal cause for his removal from office; and that the Board was in error and acted arbitrarily, capriciously, unlawfully,…”
Commonwealth v. Howard, 379 S.W.2d 475 (Ky. Ct. App. 1964). “Specifically it was held that a county school superintendent was not a constitutional officer whose compensation was limited by Kentucky Constitution, Sections 161, 235, and 246.”
Conley v. Pulaski Cnty. Bd. of Educ., 492 S.W.3d 574 (Ky. Ct. App. 2016). “The appointment and replacement of public school superintendents is governed by KRS 160.350. , Price appealed to the circuit court, which also affirmed the Board.”
Newport Indep. Sch. Dist./Newport Bd. of Educ. v. Commonwealth, 300 S.W.3d 216 (Ky. Ct. App. 2009). · cites it 8× “The Newport Independent School District, Newport Board of Education, and Superintendent Michael Brandt (Appellants) appeal from an order entered on July 25, 2008, in Campbell Circuit Court upholding the constitutionality of KRS 160.350(2) and dismissing the Appellants’…”
Show all 18 citing cases →
— Ky. Rev. Stat. § 160.350(1) — 1 case
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992). “Under KRS 160.350(1), boards are responsible for hiring and fixing the salary of superintendents.”
— Ky. Rev. Stat. § 160.350(2) — 1 case
Newport Indep. Sch. Dist./Newport Bd. of Educ. v. Commonwealth, 300 S.W.3d 216 (Ky. Ct. App. 2009). “The Newport Independent School District, Newport Board of Education, and Superintendent Michael Brandt (Appellants) appeal from an order entered on July 25, 2008, in Campbell Circuit Court upholding the constitutionality of KRS 160.350(2) and dismissing the Appellants’…”
— Ky. Rev. Stat. § 160.350(3) — 2 cases
Carter v. Smith, 366 S.W.3d 414 (Ky. 2012). “…thirty (30) days of notification, the commissioner of education shall either approve or reject the board's request.” KRS 160.350(3).”
Chapman v. Gorman, 839 S.W.2d 232 (Ky. 1992). “Under KRS 160.350(1), boards are responsible for hiring and fixing the salary of superintendents.”
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