State Codes and Statutes

Statutes > Kentucky > 160-00 > 045

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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 <br>school boards for a transfer of property to the school board district other than that in <br>which it is located, or if either board initiates an action, the school boards may <br>effect the transfer by agreement, duly spread upon the minutes of their respective <br>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 <br>disapproval of the transfer of the property involved. In his consideration for giving <br>approval or disapproval, he shall be governed by any policies and rules and <br>regulations of the Kentucky Board of Education which may be affected by the <br>transfer of the property and shall give due consideration to the following: the ratio <br>of the wealth of the territory involved in its relation to the total wealth of the district <br>from which the territory will be annexed; the effect of the proposed territorial loss <br>or gain on the educational programs of the respective districts; extent of and effect <br>on the physical plant, facilities, and equipment available in each of the affected <br>districts; the indebtedness and bonded or rental obligations of the respective <br>districts; any contemplated indebtedness or obligation arising out of the proposed <br>transfer; and other factors as may have a bearing upon the determination of the <br>desirability of the proposed annexation from the vantage point of all interested <br>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 <br>school officer shall determine an equitable plan for the transfer of any surplus to the <br>annexing district as his plan may determine will be needed. His plan shall be based <br>on the fair value of the property on a replacement basis, taking into consideration its <br>age and condition. In any considerations and suggestions which he may propose for <br>the settlement of the differences between the boards of education, he shall be bound <br>by any agreements outstanding between the boards of education of the school <br>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 <br>within one hundred twenty (120) days from the time it is presented to him, either <br>board may request that he bring the matter before the Kentucky Board of Education <br>at its next regularly scheduled meeting. The state board shall grant and schedule an <br>administrative hearing, and the hearing shall be conducted in accordance with KRS <br>Chapter 13B. In that event, he shall file with the Kentucky Board of Education all <br>the facts which he has gathered, the recommendation he has made, and the basis for <br>his recommendation, for their consideration. In those instances where, after giving <br>consideration to the factors set forth in subsection (2) of this section, the chief state <br>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 <br>Board of Education a modified plan of transfer of territory. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 318, sec. 51, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 226, <br>effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 32, sec. 1, effective July 15, <br>1982. -- Amended 1980 Ky. Acts ch. 114, sec. 24, effective July 15, 1980. -- <br>Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1974 <br>Ky. Acts ch. 315, sec. 17. -- Amended 1956 Ky. Acts ch. 240, sec. 1. -- Amended <br>1948 Ky. Acts ch. 90, sec. 1. -- Created 1946 Ky. Acts ch. 140, sec. 1.

State Codes and Statutes

Statutes > Kentucky > 160-00 > 045

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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 <br>school boards for a transfer of property to the school board district other than that in <br>which it is located, or if either board initiates an action, the school boards may <br>effect the transfer by agreement, duly spread upon the minutes of their respective <br>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 <br>disapproval of the transfer of the property involved. In his consideration for giving <br>approval or disapproval, he shall be governed by any policies and rules and <br>regulations of the Kentucky Board of Education which may be affected by the <br>transfer of the property and shall give due consideration to the following: the ratio <br>of the wealth of the territory involved in its relation to the total wealth of the district <br>from which the territory will be annexed; the effect of the proposed territorial loss <br>or gain on the educational programs of the respective districts; extent of and effect <br>on the physical plant, facilities, and equipment available in each of the affected <br>districts; the indebtedness and bonded or rental obligations of the respective <br>districts; any contemplated indebtedness or obligation arising out of the proposed <br>transfer; and other factors as may have a bearing upon the determination of the <br>desirability of the proposed annexation from the vantage point of all interested <br>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 <br>school officer shall determine an equitable plan for the transfer of any surplus to the <br>annexing district as his plan may determine will be needed. His plan shall be based <br>on the fair value of the property on a replacement basis, taking into consideration its <br>age and condition. In any considerations and suggestions which he may propose for <br>the settlement of the differences between the boards of education, he shall be bound <br>by any agreements outstanding between the boards of education of the school <br>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 <br>within one hundred twenty (120) days from the time it is presented to him, either <br>board may request that he bring the matter before the Kentucky Board of Education <br>at its next regularly scheduled meeting. The state board shall grant and schedule an <br>administrative hearing, and the hearing shall be conducted in accordance with KRS <br>Chapter 13B. In that event, he shall file with the Kentucky Board of Education all <br>the facts which he has gathered, the recommendation he has made, and the basis for <br>his recommendation, for their consideration. In those instances where, after giving <br>consideration to the factors set forth in subsection (2) of this section, the chief state <br>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 <br>Board of Education a modified plan of transfer of territory. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 318, sec. 51, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 226, <br>effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 32, sec. 1, effective July 15, <br>1982. -- Amended 1980 Ky. Acts ch. 114, sec. 24, effective July 15, 1980. -- <br>Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1974 <br>Ky. Acts ch. 315, sec. 17. -- Amended 1956 Ky. Acts ch. 240, sec. 1. -- Amended <br>1948 Ky. Acts ch. 90, sec. 1. -- Created 1946 Ky. Acts ch. 140, sec. 1.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 160-00 > 045

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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 <br>school boards for a transfer of property to the school board district other than that in <br>which it is located, or if either board initiates an action, the school boards may <br>effect the transfer by agreement, duly spread upon the minutes of their respective <br>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 <br>disapproval of the transfer of the property involved. In his consideration for giving <br>approval or disapproval, he shall be governed by any policies and rules and <br>regulations of the Kentucky Board of Education which may be affected by the <br>transfer of the property and shall give due consideration to the following: the ratio <br>of the wealth of the territory involved in its relation to the total wealth of the district <br>from which the territory will be annexed; the effect of the proposed territorial loss <br>or gain on the educational programs of the respective districts; extent of and effect <br>on the physical plant, facilities, and equipment available in each of the affected <br>districts; the indebtedness and bonded or rental obligations of the respective <br>districts; any contemplated indebtedness or obligation arising out of the proposed <br>transfer; and other factors as may have a bearing upon the determination of the <br>desirability of the proposed annexation from the vantage point of all interested <br>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 <br>school officer shall determine an equitable plan for the transfer of any surplus to the <br>annexing district as his plan may determine will be needed. His plan shall be based <br>on the fair value of the property on a replacement basis, taking into consideration its <br>age and condition. In any considerations and suggestions which he may propose for <br>the settlement of the differences between the boards of education, he shall be bound <br>by any agreements outstanding between the boards of education of the school <br>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 <br>within one hundred twenty (120) days from the time it is presented to him, either <br>board may request that he bring the matter before the Kentucky Board of Education <br>at its next regularly scheduled meeting. The state board shall grant and schedule an <br>administrative hearing, and the hearing shall be conducted in accordance with KRS <br>Chapter 13B. In that event, he shall file with the Kentucky Board of Education all <br>the facts which he has gathered, the recommendation he has made, and the basis for <br>his recommendation, for their consideration. In those instances where, after giving <br>consideration to the factors set forth in subsection (2) of this section, the chief state <br>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 <br>Board of Education a modified plan of transfer of territory. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 318, sec. 51, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 226, <br>effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 32, sec. 1, effective July 15, <br>1982. -- Amended 1980 Ky. Acts ch. 114, sec. 24, effective July 15, 1980. -- <br>Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1974 <br>Ky. Acts ch. 315, sec. 17. -- Amended 1956 Ky. Acts ch. 240, sec. 1. -- Amended <br>1948 Ky. Acts ch. 90, sec. 1. -- Created 1946 Ky. Acts ch. 140, sec. 1.