{"data":{"id":"us-ky/krs-160.045","jurisdiction":"us-ky","citation":"KRS 160.045","heading":"Transfer of adjacent territory to school district other than that in which it","body":"is located.\n(1) If seventy-five percent (75%) of either the registered voters or property owners in an\narea adjacent to either a county or independent school district petition the respective\nschool boards for a transfer of property to the school board district other than that in\nwhich it is located, or if either board initiates an action, the school boards may\neffect the transfer by agreement, duly spread upon the minutes of their respective\nboards.\n(2) If the boards fail to agree within ninety (90) days from the filing of petitions for the\ntransfer, either board may petition the chief state school officer for approval or\ndisapproval of the transfer of the property involved. I n his consideration for giving\napproval or disapproval, he shall be governed by any policies and rules and\nregulations of the Kentucky Board of Education which may be affected by the\ntransfer of the property and shall give due consideration to the followin g: the ratio\nof the wealth of the territory involved in its relation to the total wealth of the district\nfrom which the territory will be annexed; the effect of the proposed territorial loss\nor gain on the educational programs of the respective districts; extent of and effect\non the physical plant, facilities, and equipment available in each of the affected\ndistricts; the indebtedness and bonded or rental obligations of the respective\ndistricts; any contemplated indebtedness or obligation arising out of the  proposed\ntransfer; and other factors as may have a bearing upon the determination of the\ndesirability of the proposed annexation from the vantage point of all interested\npersons.\n(3) In those instances where the requested transfer will result in a surplus  of physical\nplant, facilities, or equipment in the transferring school district, the chief state\nschool officer shall determine an equitable plan for the transfer of any surplus to the\nannexing district as his plan may determine will be needed. His plan s hall be based\non the fair value of the property on a replacement basis, taking into consideration its\nage and condition. In any considerations and suggestions which he may propose for\nthe settlement of the differences between the boards of education, he sh all be bound\nby any agreements outstanding between the boards of education of the school\ndistricts on July 15, 1982.\n(4) If the chief state school officer is unable to arrive at a satisfactory agreement with\nthe two (2) boards of education concerning the t ransfer of the involved property\nwithin one hundred twenty (120) days from the time it is presented to him, either\nboard may request that he bring the matter before the Kentucky Board of Education\nat its next regularly scheduled meeting. The state board sh all grant and schedule an\nadministrative hearing, and the hearing shall be conducted in accordance with KRS\nChapter 13B. In that event, he shall file with the Kentucky Board of Education all\nthe facts which he has gathered, the recommendation he has made, and the basis for\nhis recommendation, for their consideration. In those instances where, after giving\nconsideration to the factors set forth in subsection (2) of this section, the chief state\nschool officer determines that a transfer of only a portion of t he territory in question\nis in the best interest of the respective districts, he may recommend to the Kentucky\nBoard of Education a modified plan of transfer of territory.","path":["KRS Chapter 160"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=3665","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:07Z","sha256":"a26bffe2afcb2e6032d48721432c6b31ae2ffc1db013997c381b0ca89fa4ff27","source_id":"us-ky","stale":false,"prev":"us-ky/krs-160.044","next":"us-ky/krs-160.047"},"notice":"GroundRules: Original legal text. Not legal advice."}