{"data":{"id":"us-ky/krs-160.048","jurisdiction":"us-ky","citation":"KRS 160.048","heading":"Transfer of area containing school outside district.","body":"(1) The General Assembly hereby finds that from time to time various school boards, in\nthe exercise of their administrative discretion, have determined that their school\ndistricts would be most efficiently administered if one (1) or more of the district's\nschools were constructed and operated on land located outside the school districts'\nboundaries. The General Assembly further finds that this has been desirable and in\nfurtherance of an efficient system of common schools. As urbanization increases,\nand school d istricts throughout the Commonwealth become more densely\npopulated, available school sites within such districts will proportionately diminish,\nand it will with increasing frequency be necessary to construct schools on land not\nwithin the district of the s chool board constructing such schools. When a school is\nso located, it is more efficient for the school district constructing the school, but it is\nless efficient for the statewide system of common schools and for the children\nresiding in the immediate neighborhood of the new school, who reside in a different\nschool district, and therefore must be transported to other, more distant schools.\nThis situation results in an inefficient utilization of state and local school funds and\nschool facilities, and is a r esult of the artificially -drawn school district boundary\nlines. The General Assembly further finds that the discretionary method of transfer\npresently provided by KRS 160.045 is not adequate to assure an efficient operation\nof the common schools, and that it is desirable to provide for mandatory transfer of\nsuch areas. Pursuant to section 183 of the Kentucky Constitution, the General\nAssembly declares that such situations are special situations and require special\ntreatment. It is the intent of the General Assembly to provide by this statute a\nspecial method whereby such areas may be transferred to the school district\noperating the school or schools.\n(2) If seventy-five percent (75%) of either the registered voters or property owners in an\narea adjacent to a school district other than the district in which such area is located\nand in which area there is located a school owned and operated by such adjacent\nschool district petition the school board of the school district which owns and\noperates such school and the school board of the school district in which such area\nis located for the transfer of such area from the school district in which it is located\nto the school district which owns and operates such school, then such area shall be\nso transferred.\n(3) The effective date of such transfer shall be sixty (60) days after the date on which\nthe petition is filed with the two (2) school boards; personal delivery of said petition\nto any member of the school board or to the superintendent of the school district\nshall constitute \"filing\" for purposes of this section. Provided, that if such effective\ndate falls during a term of the school district in which such area is located, the two\n(2) school boards involved may, by agreement, defer the effective date of such\ntransfer until the end of said term.\n(4) The terms and conditions of such transfer shall be determined in the manner\nprovided for the determination of the terms and conditions of transfer under KRS\n160.045, except that the chief state school officer, the Kentuc ky Board of\nEducation, and the respective reviewing courts shall have no power to disapprove\nsuch transfer.\n(5) Upon such transfer, the recipient district shall assume a portion of the bonded\nindebtedness of the losing district, as provided in KRS 160.065;  such bonds shall\nremain the obligation of the issuing agency, and shall not be affected in any way by\nsuch transfer, except that each year the recipient district shall pay to the losing\ndistrict a sum of money sufficient to make the payments on the portio n of such\nindebtedness assumed by the recipient district, and such annual payments shall\ncontinue until all of the bonded indebtedness outstanding at the time of the transfer\nis paid in full.\n(6) The method of transfer provided in this section shall be an alternative method to\nthat set forth in KRS 160.045, and this section shall have no effect whatsoever on\nKRS 160.045.","path":["KRS Chapter 160"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=3667","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:07Z","sha256":"353490d49132f890d30b4f21c3c3b4b280ed28577a0b27efaea63d00be35568e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-160.047","next":"us-ky/krs-160.049"},"notice":"GroundRules: Original legal text. Not legal advice."}