KRS § 160.045 — KY Code / Title XIII / Chapter 160 / Section 160.045
160.045 Transfer of adjacent territory to school district other than that in which it is located
Status: in_force

160.045 Transfer of adjacent territory to school district other than that in which it

is located.

(1) If seventy-five percent (75%) of either the registered voters or property owners in an

area adjacent to either a county or independent school district petition the respective

school boards for a transfer of property to the school board district other than that in

which it is located, or if either board initiates an action, the school boards may

effect the transfer by agreement, duly spread upon the minutes of their respective

boards.

(2) If the boards fail to agree within ninety (90) days from the filing of petitions for the

transfer, either board may petition the chief state school officer for approval or

disapproval of the transfer of the property involved. In his consideration for giving

approval or disapproval, he shall be governed by any policies and rules and

regulations of the Kentucky Board of Education which may be affected by the

transfer of the property and shall give due consideration to the following: the ratio

of the wealth of the territory involved in its relation to the total wealth of the district

from which the territory will be annexed; the effect of the proposed territorial loss

or gain on the educational programs of the respective districts; extent of and effect

on the physical plant, facilities, and equipment available in each of the affected

districts; the indebtedness and bonded or rental obligations of the respective

districts; any contemplated indebtedness or obligation arising out of the proposed

transfer; and other factors as may have a bearing upon the determination of the

desirability of the proposed annexation from the vantage point of all interested

persons.

(3) In those instances where the requested transfer will result in a surplus of physical

plant, facilities, or equipment in the transferring school district, the chief state

school officer shall determine an equitable plan for the transfer of any surplus to the

annexing district as his plan may determine will be needed. His plan shall be based

on the fair value of the property on a replacement basis, taking into consideration its

age and condition. In any considerations and suggestions which he may propose for

the settlement of the differences between the boards of education, he shall be bound

by any agreements outstanding between the boards of education of the school

districts on July 15, 1982.

(4) If the chief state school officer is unable to arrive at a satisfactory agreement with

the two (2) boards of education concerning the transfer of the involved property

within one hundred twenty (120) days from the time it is presented to him, either

board may request that he bring the matter before the Kentucky Board of Education

at its next regularly scheduled meeting. The state board shall grant and schedule an

administrative hearing, and the hearing shall be conducted in accordance with KRS

Chapter 13B. In that event, he shall file with the Kentucky Board of Education all

the facts which he has gathered, the recommendation he has made, and the basis for

his recommendation, for their consideration. In those instances where, after giving

consideration to the factors set forth in subsection (2) of this section, the chief state

school officer determines that a transfer of only a portion of the territory in question

is in the best interest of the respective districts, he may recommend to the Kentucky

Board of Education a modified plan of transfer of territory.