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160.048 Transfer of area containing school outside district.
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The General Assembly hereby finds that from time to time various school
boards, in the exercise of their administrative discretion, have determined that
their school districts would be most efficiently administered if one (1) or more of
the district's schools were constructed and operated on land located outside
the school districts' boundaries. The General Assembly further finds that this
has been desirable and in furtherance of an efficient system of common
schools. As urbanization increases, and school districts throughout the
Commonwealth become more densely populated, available school sites within
such districts will proportionately diminish, and it will with increasing frequency
be necessary to construct schools on land not within the district of the school
board constructing such schools. When a school is so located, it is more
efficient for the school district constructing the school, but it is less efficient for
the statewide system of common schools and for the children residing in the
immediate neighborhood of the new school, who reside in a different school
district, and therefore must be transported to other, more distant schools. This
situation results in an inefficient utilization of state and local school funds and
school facilities, and is a result of the artificially-drawn school district boundary
lines. The General Assembly further finds that the discretionary method of
transfer presently provided by KRS 160.045 is not adequate to assure an
efficient operation of the common schools, and that it is desirable to provide for
mandatory transfer of such areas. Pursuant to section 183 of the Kentucky
Constitution, the General Assembly declares that such situations are special
situations and require special treatment. It is the intent of the General
Assembly to provide by this statute a special method whereby such areas may
be transferred to the school district operating the school or schools.
If seventy-five percent (75%) of either the registered voters or property owners
in an area adjacent to a school district other than the district in which such area
is located and in which area there is located a school owned and operated by
such adjacent school district petition the school board of the school district
which owns and operates such school and the school board of the school
district in which such area is located for the transfer of such area from the
school district in which it is located to the school district which owns and
operates such school, then such area shall be so transferred.
The effective date of such transfer shall be sixty (60) days after the date on
which the petition is filed with the two (2) school boards; personal delivery of
said petition to any member of the school board or to the superintendent of the
school district shall constitute "filing" for purposes of this section. Provided, that
if such effective date falls during a term of the school district in which such area
is located, the two (2) school boards involved may, by agreement, defer the
effective date of such transfer until the end of said term.
The terms and conditions of such transfer shall be determined in the manner
provided for the determination of the terms and conditions of transfer under
KRS 160.045, except that the chief state school officer, the Kentucky Board of
Education, and the respective reviewing courts shall have no power to
disapprove such transfer.
Upon such transfer, the recipient district shall assume a portion of the bonded
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indebtedness of the losing district, as provided in KRS 160.065; such bonds
shall remain the obligation of the issuing agency, and shall not be affected in
any way by such transfer, except that each year the recipient district shall pay
to the losing district a sum of money sufficient to make the payments on the
portion of such indebtedness assumed by the recipient district, and such
annual payments shall continue until all of the bonded indebtedness
outstanding at the time of the transfer is paid in full.
The method of transfer provided in this section shall be an alternative method
to that set forth in KRS 160.045, and this section shall have no effect
whatsoever on KRS 160.045.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 227, effective July 13, 1990. -Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Created
Ky. Acts ch. 349, sec. 1.
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