Request By:
Mr. Vic Hellard, Jr., Director
Legislative Research Commission
State Capitol
Frankfort, Kentucky 40601Mr. Tom Dorman, Legislative Liaison
Office of the Governor
State Capitol
Frankfort, Kentucky 40601
Opinion
Opinion By:
In your letter of January 31, 1990, you asked this office for clarification regarding a response from this office on January 11, 1990. Your earlier letter asked which statutes fell within the scope of the Supreme Court's decision in Rose v. Council for Better Education , Ky., No. 88-SC-804-TG (June 8, 1989, as modified September 28, 1989). You also asked whether the General Assembly, in responding to the Rose decision, had to repeal and reenact those statutes which it wishes to retain without modification. While this office recommended that repeal and reenactment would be the best course, you asked for clarification on whether that specifically included the statutes treating the Teachers Retirement System of the State of Kentucky (KRS 161.220 to 161.716) and those treating the School Facilities Construction Commission (KRS 157.611 to 157.640) as being within the scope of the Court's decision.
Both of the chapters in question are connected in a very direct way to the operation of the system of common schools. For example, KRS 157.611(1) states:
By establishing the School Facilities Construction Commission, the General Assembly expresses its commitment to help local districts meet the school construction needs of the state in a manner which will ensure an equitable distribution of funds based on that need.
Clearly, where the decision of the Supreme Court indicated that a key problem in the system of common schools was inequitable distribution of funding, it would be prudent to assume that any statutes concerned with an equitable distribution of funds should be included in the group of statutes to be repealed and reenacted. While it is possible that certain sections of the Kentucky Revised Statutes may not require extensive modification, it would be best to avoid raising any question as to constitutionality of those statues in the future, due to their omission from the package as a whole.
Similarly, the Teachers Retirement System of the State of Kentucky deals with benefits of employees who teach in all parts of the state and accrue benefits based on the salaries which the districts are able to pay. Questions of equity have already been raised in the course of the Rose v. Counsel for Better Education decision, supra, on retirement benefits. Accordingly, it would seem prudent to include the Teachers Retirement System of the State of Kentucky in the group of statutes to be repealed and reenacted to avoid future questions regarding the constitutionality of those statutes.
Finally, you have enclosed a copy of a working draft of those statutes that the staff has initially identified as within the scope of the Rose decision, set out herein:
WORKING DRAFT OF STATUTES WITHIN THE SCOPE OF ROSE v. COUNCIL FOR BETTER EDUCATION
12.400 Legislative intent -- Office of early childhood education and development established -- Functions -- Special assistant.
12.410 Governor's interagency council on early childhood education and development established -- Functions -- Members.
12.420 Interagency advisory committee established -- Members -- Meetings -- Operating expenses.
42.550 Annual reports of school funds from department of education.
56.440 -- Definitions.
56.450 State property and buildings commission -- Members -- Powers -- Issuance and approval of revenue bonds -- Alternates.
56.467 Commission to assist in school financing.
56.495 Kentucky university and college projects, approval, procedure on bonds.
56.513 Interim financing -- Revenue bond anticipation notes -- Contents -- Loan agreements -- Tax status.
56.520 Revenue bonds -- Investment of proceeds of authorized bonds.
56.550 Applicability of KRS 56.440 to 56.540 to certain projects.
58.150 Revenue bond anticipation notes.
58.410 Definitions for KRS 58.410 to 58.440.
58.420 Public policy as to public bond interest rates.
58.430 Removal of interest rate limits.
58.440 Refinancing at higher rate than that of original issue.
61.330 Superintendent of public instruction to deliver effects to successor -- Penalty for failure.
64.590 Compensation of officers and employes of political subdivisions or local governmental units or districts other than counties or cities, including school districts.
66.210 Bonds or obligations of county, city or taxing district not to be issued until approved.
66.220 Proof required to obtain approval of county, city or taxing district bonds or obligations.
66.480 Investment of public funds -- Duties of state local finance officer -- Investment pools.
68.180 Occupational license tax in counties containing 300,000 population.
68.185 Fiscal court's function in collection and appropriation of tax.
68.190 Credit for payment of similar city tax.
68.990 Penalties.
96.179 Payment of tax equivalent.
96.536 City owned light, water or gas plant may pay tax equivalent to school district.
96.820 Payment of sums equivalent to taxes based on book value.
96.895 Proration and distribution of payments of sums equivalent to taxes based on book value among the state, counties, cities and school districts.
117.315 Appointment of challengers.
117.995 Penalties.
118.315 Nomination for regular election by petition -- Form in which names accepted on filing papers -- Examination of petition.
118.365 Time for filing certificates and petitions of nomination and statements of candidates for an office.
132.010 Definitions.
132.011 "Public charity" defined.
132.017 Recall petition -- Reconsideration -- Election -- Second billing.
132.018 Reduction of the tax rate on personal property.
132.020 State ad valorem taxes -- Increase limited to four percent -- Certification of rate by cabinet -- Cumulative increase adjustment -- State ad valorem tax added on goods, materials and motor vehicles.
132.023 Limits for certain districts -- Hearing on proposed tax rate -- Levy exceeding four percent increase subject to recall vote or reconsideration.
132.024 Limits for certain districts on personal property tax rate -- Public hearing and recall not applicable.
132.025 Cumulative increase for 1982-83 only by taxing district -- Limit -- Public hearing and recall not applicable.
132.027 City and urban-county government tax rate limitations -- Hearing -- Levy exceeding four percent increase subject to recall vote or reconsideration.
132.030 Domestic bank deposits tax.
132.130 Distilled spirits in bonded warehouses to be reported by proprietor.
132.140 Assessment of distilled spirits by cabinet.
132.150 Valuation of spirits certified to county clerks -- Local tax rate.
132.160 Taxes on distilled spirits and spirits on which federal taxes not paid, when due -- Removal of spirits -- Interest.
132.190 Property subject to taxation -- Situs.
132.193 Assessment of possessory interests in tax-exempt personal property -- Lessee's liability.
132.195 Assessment of possessory interest in tax-exempt real property -- Lessee's liability.
132.200 Property subject to state tax only.
132.210 Exemption of fraternal benefit societies' funds.
132.215 Right to receive income -- Basis of assessment -- Rate of tax.
132.220 Assessment dates -- Listing -- Owner -- Liability -- Exemptions listing annual review.
132.260 Property in storage -- Mobile homes and recreational vehicles -- Report -- Right to inspect.
132.280 County tax levy to be based on state assessment -- Exception for special taxing district.
132.550 County clerk to compute amount due from each taxpayer -- Compensation of clerk.
132.670 Mapping of property -- Biennial review by revenue cabinet.
132.690 Annual revaluation of real property -- Quadrennial physical examination of real property.
132.720 Definitions for KRS 132.260 and 132.720 to 132.750.
132.730 Mobile homes and recreational vehicles subject to ad valorem taxation -- Exception.
132.750 When mobile home or recreational vehicle classified as real estate.
132.750 When mobile homes classified as real estate.
132.810 Homestead exemption -- Application -- Qualification.
132.990 Penalties.
133.010 Definitions.
133.070 Assessment where property is annexed to another civil division.
133.120 Appeal procedure -- Hearings -- Powers of board.
133.160 Notice of assessment raised by cabinet -- To whom given -- Contents.
133.170 Certification of equalization -- Appeal by fiscal court -- Exoneration from increase in value -- Application -- Procedure -- Appeal.
133.180 Certification by cabinet to county clerk -- Certification of tax books, effect.
133.185 Tax rate not to be fixed until assessment is certified under KRS 133.180 -- Exception.
134.270 Limitation of action against sheriff and sureties.
134.290 Compensation of sheriff for collecting state and county taxes.
134.300 Reports, payments by sheriff -- Penalty.
134.310 Sheriff's annual settlement with county -- Objections -- Action in circuit court -- Statement of funds and expenditures -- Settlement for excess fees.
134.420 Lien for taxes.
134.990 Penalties.
136.050 Time of payment of corporation property and franchise taxes -- Interest -- Penalties.
136.120 Public service corporation property tax -- Classification -- Assessment -- Certification.
136.180 Notice and certification of valuation -- Payment of fee by any district which has value certified by cabinet.
136.190 Boundary report of cities and taxing districts.
136.200 Allocation of railroad bridge assessment.
136.270 Tax on bank and trust company shares -- Rates -- Determination of fair cash value and taxable fair cash value.
136.280 Reports of banks and trust companies -- Assessment, equalization and collection of taxes on shares and tangible property.
136.320 Tax on property of domestic life insurance companies in lieu of other taxes -- State and local rates.
136.990 Penalties.
139.496 Exemption of certain sales.
139.497 Exemption for sales by schools or school-sponsored clubs and organizations or affiliated groups.
149.130 Federal forest reserve appropriations for county roads and schools.
152A.280 Extension of program into state schools.
156.010 Department of education -- Composition -- Functions.
156.022 Division of surplus property.
156.024 Department's budget requests to be submitted to state boards.
156.026 Credits allowed transferred district employe.
156.031 State board for elementary and secondary education -- Membership -- Function.
156.032 State board for vocational-technical, adult education and vocational rehabilitation services -- Membership -- Function.
156.035 Legal status of boards -- Administration of funds.
156.040 Qualifications of board members.
156.060 Quorum -- Meetings -- Location of office -- Compensation.
156.070 General powers and duties of state boards.
156.071 Delegation of taking evidence and writing recommendation to hearing officer or panel.
156.074 Purchase contract for supplies, equipment -- Specifications -- Terms.
156.076 Price contracts information to be furnished district boards -- Purchase conditions.
156.080 School census -- Forms and rules for.
156.090 Certificates of school employes -- Boards to publish regulations concerning.
156.095 Program of in-service teacher training -- Exemption.
156.097 Teacher Institute -- Regulation.
156.101 Purpose of section -- "Instructional leader" defined -- Instructional leader improvement program.
156.120 Superintendent of public instruction -- Location of office -- Traveling expenses.
156.132 Removal or suspension of school officers -- Procedure, grounds, conditions.
156.134 Notice of suspension -- Answer -- Hearing -- Appeal.
156.136 Vacancies caused by suspension -- Appointment -- Term -- Payment.
156.138 Duty of attorney general.
156.142 Jurisdiction.
156.152 Superintendent authorized to secure price contract agreements for purchase of school buses by district boards of education.
156.153 School buses to meet standards of state board for elementary and secondary education -- "School bus" defined -- Mirrors.
156.154 Superintendent to make available to district boards of education information respecting established price agreements -- Authority of school boards to take own bids and purchase school buses.
156.160 Adoption of rules and regulations by state board of education.
156.165 Superintendent to inform local boards of availability of federal funds for exceptional children.
156.170 Superintendent may take special school census.
156.180 Superintendent may attend educational conferences.
156.190 Superintendent may call school conferences.
156.200 Superintendent to examine and supervise reports and accounts of boards of education and educational institutions.
156.210 Superintendent to have access to records -- May examine and compel attendance of witnesses -- Shall report law violations.
156.220 Superintendent to render advice on any controversy or dispute involving proper administration of public schools.
156.230 Superintendent to prepare publications.
156.240 Superintendent to prepare publications and explain school laws and administrative regulations.
156.250 Biennial report on education and vocational rehabilitation.
156.253 Agreements for training workers for new and expanding industries -- Reimbursement of industry for specified services.
156.255 Definitions for KRS 156.255 to 156.295.
156.265 State committee for school district audits -- Expense of audits.
156.275 Accountants -- Selection -- Reports.
156.285 Access to records -- Witnesses -- Subpoena.
156.295 Offense -- Penalties.
156.400 School subjects' adoption groups -- Textbook contracts and purchases.
156.405 State textbook commission -- Textbook reviewers.
156.407 Selection of textbook reviewers -- Review and evaluation process.
156.410 Selection of textbooks.
156.415 Conditions to be complied with before textbooks adopted or purchased.
156.420 Bond conditions for person offering textbooks.
156.425 Form of statement and bond -- Supplemental statement and bond.
156.430 Violation of bond -- Suit on.
156.435 Adoption of lists -- Rejections -- Execution of contracts -- Publication of lists.
156.437 Rules and regulations for listing, adoption, and purchase of subject programs.
156.440 Textbook samples -- Adoption of basal texts -- Certification of lists.
156.445 Only approved books to be used as basal textbooks -- When changes to be effective -- Approval of materials for private and parochial schools.
156.447 Optional purchase of supplementary textbooks, materials and equipment -- Appropriation -- Regulations.
156.450 Distribution of books -- Agents.
156.455 Purchase of books from pupil removing from district.
156.460 School official or employe not to act as book agent.
156.465 Reward for adoption of books forbidden.
156.470 Disposition of sample books.
156.472 Textbooks for model and practice schools.
156.474 Multiple textbook adoptions.
156.475 Title.
156.476 Textbooks for children with impaired vision.
156.480 Employes of department or school districts not to have pecuniary interest in supplying goods or services for which school funds are expended -- Penalties.
156.483 Restrictions on employing violent offenders or persons convicted of sex crimes -- Criminal record check on job applicants.
156.485 GED certificate recognized -- Fee for issuance -- Funding for essay requirement -- Employment of staff to score essays.
156.486 GED foundation for adult education.
156.490 Governor's conference on education.
156.495 Program to identify and locate Kentucky missing children enrolled in Kentucky schools.
156.499 Termination of boards, commissions, councils and committees.
156.710 Interstate compact for education.
156.715 Kentucky members of interstate commission -- Selection.
156.720 Bylaws, where filed.
156.990 Penalties.
157.010 School fund -- What constitutes.
157.030 Net revenue to be distributed -- Incidental expenses not to be deducted.
157.060 Reports of funds received and spent by school districts.
157.100 Purchase of textbooks for free distribution.
157.110 Determination of grades and subject for which textbooks shall be provided -- Rental of textbooks to pupils -- Free textbooks available to those unable to pay for or rent -- Regulations.
157.120 Requisitions for books -- Shipments -- Invoices.
157.130 Rules to be made concerning purchase, requisition, distribution, care and use of books.
157.140 Parents responsible for books not returned -- Enforcement.
157.145 Rebinding of textbooks.
157.150 Textbooks property of state -- Superintendent custodian.
157.160 Sale of obsolete textbooks.
157.170 Private use -- Sale of books for.
157.180 Teachers or employes engaged in distribution of books not to sell school supplies.
157.190 Free textbooks for children in correctional institutions.
157.200 Definitions for KRS 157.220 to 157.305.
157.220 Administrative functions of state department of education in special programs -- Contributions -- Approval of local facilities.
157.221 Office of education for exceptional children -- Functions -- Duties of state board for elementary and secondary education.
157.224 Statewide plan for special education programs.
157.230 Establishment and maintenance by school districts of special educational programs.
157.250 Qualifications of teachers -- Special training for teachers.
157.260 Reports by directors of pupil personnel.
157.270 Instruction in child's home or in hospital.
157.280 Furnishing of special educational program by district other than that of child's residence, or privately -- Transportation -- Sharing costs.
157.285 Related services provided by local boards of education -- Conditions.
157.290 Tentative preapproval of plans for special education programs.
157.310 Declaration of legislative intent in enacting foundation program legislation.
157.317 Statewide kindergarten program.
157.320 Definitions for KRS 157.310 to 157.440.
157.330 Foundation program fund.
157.350 Eligibility of districts for participation in foundation program.
157.360 Allotment of classroom units -- Maximum class size.
157.370 Allotment of transportation units.
157.390 Classification of teachers -- Determination of amounts for teachers' salaries and other expenses.
157.410 Procedure for payments of funds to districts.
157.420 Restrictions governing expenditure of funds from foundation program fund.
157.430 Procedure for percentage reduction of allotments in case of insufficient appropriation by general assembly.
157.440 District may exceed levy authorized by KRS 160.470.
157.510 Definitions.
157.520 Authorization of experimental programs -- Regulations -- Selection of districts.
157.530 Reimbursement of school district -- Allotment of funds.
157.540 Evaluation of programs -- Annual progress reports.
157.545 Power equalization program fund.
157.550 Determination of amount of state power equalization support for each school district.
157.555 Calculation of amount of state power equalization support.
157.560 Determination of maximum rate support -- Minimum rate established.
157.564 Twenty-five cent school levy tax by district school board necessary for eligibility for state power equalization support.
157.570 Procedure for payments of funds to districts.
157.575 Power equalization support -- Calculation of equivalent tax rate.
157.580 Use of power equalization funds.
157.605 Establishment of fund.
157.606 Administration -- Grants -- Regulatory authority.
157.611 School facilities construction commission -- Legislative intent.
157.615 Definitions for KRS 157.611 to 157.640.
157.617 Creation -- Powers -- Appointment of members -- Duties.
157.620 School district participation requirements -- Resurveys.
157.622 Procedures for providing assistance to school districts -- Priority order of needs -- Exception -- Reallocation of funds.
157.625 Issuance of bonds.
157.627 Requirements for insuance -- Accounting procedures.
157.628 Reimbursement for bonds previously issued.
157.630 Sale of bonds -- Publication area.
157.32 Department to require audit.
157.635 Revenue bonds for state projects.
157.640 Successor agency of Kentucky school building authority.
157.710 Definitions.
157.720 Bluegrass state skills corporation -- Board -- Appointment of members -- Employes.
157.730 Duties of corporation.
157.740 Grants-in-aid.
157.750 Annual report.
157.990 Penalties.
158.010 Uniform school system to be maintained -- Variations.
158.030 "Common school" defined -- Who may attend.
158.050 School year.
158.060 School month and school day -- Duty-free lunch period.
158.070 School term -- Holidays and days closed.
158.080 Private and parochial schools -- Courses -- Term.
158.090 Kindergartens -- Night schools.
158.100 Districts to provide school service.
158.108 Effect of failure to pay for or rent school supplies.
158.110 Transportation of pupils.
158.115 Supplementation of school bus transportation system by county out of general funds.
158.120 Nonresident pupils -- Tuition.
158.130 Pupils sent to other districts.
158.135 Reimbursement for school services for state agency children in state institution or day treatment center.
158.140 Admission to high school -- Promotion -- Classification -- High school diploma -- Vocational certificate of completion.
158.148 Student discipline guidelines -- Dropout prevention programs and grants.
158.150 Suspension or expulsion of pupils.
158.170 Bible to be read.
158.175 Recitation of Lord's prayer and pledge of allegiance -- Instruction in proper respect for and display of flag -- Display of historical documents.
158.177 Teaching of theory of evolution -- Right to include Bible theory of creation.
158.178 Ten commandments to be displayed.
158.190 Sectarian, infidel or immoral books prohibited.
158.200 Moral instruction -- Board of education may provide.
158.210 Survey of religious preferences may be made.
158.220 Time and place of moral instruction.
158.230 Arrangements with persons in charge.
158.240 Credit for moral instruction.
158.250 Pupils not taking moral instruction.
158.260 Cost of moral instruction.
158.285 Teaching of Kentucky government -- Statewide program -- Instruction of all grade levels.
158.286 Teaching of Kentucky government -- Adoption of policies by local school districts.
158.290 School fund raising activities.
158.295 Development of program to deal with delinquency, drug abuse, vandalism, absenteeism and other related acts of student behavior.
158.355 Early childhood education -- State policy.
158.360 Development of model programs of instruction for preschool children and their parents -- Eligibility of local agencies -- Grant proposals.
158.380 Administration of voter education law.
158.385 Instruction required in grades nine to twelve.
158.390 Development of comprehensive statewide program for public schools.
158.395 Local school district policy.
158.405 Administration -- Rules and regulations.
158.410 Instruction.
158.415 Development of program -- Curricula.
158.420 Teacher's and administrator's training programs.
158.425 Policy of local school district.
158.430 Teacher's assistants permitted.
158.600 Legislative intent of KRS 158.605 to 158.620 and 157.360.
158.605 Definitions for KRS 158.600 to 158.620 and 157.360.
158.607 Advisory council for gifted and talented education -- Two-year existence -- Powers and duties.
158.610 Local district requirements to be set by administrative regulation to implement program.
158.618 Evaluation procedure to monitor gifted and talented programs.
158.620 Reports required.
158.640 Legislative purpose.
158.6401 Definitions.
158.6402 Advisory council for sports medicine programs.
158.6403 Implementation of experimental incentive program to assist local school district sports medicine programs.
158.650 Definitions for KRS 158.660 to 158.750.
158.660 Intent and purpose.
158.665 Basic skills development regulations.
158.670 Department to administer Educational Improvement Act -- Administrative regulations.
158.680 State advisory committee for educational improvement.
158.685 Standards of program and service offerings and minimum performance to be established -- Declaration that school district is educationally deficient -- Action to eliminate deficiency.
158.690 Assessment and testing program -- Publication of test results.
158.700 Specific duties of department relating to testing.
158.710 Responsibilities of local school districts -- Plans required -- Reports required.
158.720 Coordination of local educational improvement plan with master inservice educational plan -- Technical assistance by department.
158.730 Department to submit plans and reports to various officers and agencies.
158.740 Title.
158.750 Testing on basic skills -- Exemption -- Remedial instruction -- Supplemental classroom units -- Selection of students for remedial instruction.
158.770 Writing program advisory committee -- Membership -- Duties.
158.775 Writing program pilot project.
158.780 Management assistance program -- Regulations.
158.785 Administration.
158.790 Governor's commission on literacy.
158.795 Statewide adult literacy program.
158.797 Parenting and family life skills education.
158.800 Educational excellence improvement fund -- Intent -- Allotment of funds.
158.805 Educational innovation incentive fund -- Purpose -- Eligible grantees.
158.990 Penalty.
159.010 Parent or custodian to send child to school -- Age limits for compulsory attendance -- Written notification sixty days prior to withdrawal -- Counseling session required.
159.020 Transferring child from one district to another.
159.030 Exemptions from compulsory attendance.
159.035 Participation in 4-H activities to be considered attendance.
159.040 Attendance at private and parochial schools.
159.070 Attendance districts -- Enrollment permitted in school nearest home.
159.080 Director of pupil personnel -- Appointment -- Qualifications.
159.090 Directors of pupil personnel for united districts.
159.110 Expenses of directors of pupil personnel.
159.120 Office quarters of directors of pupil personnel.
159.130 Powers of directors of pupil personnel.
159.140 Duties of directors of pupil personnel.
159.150 Definition of truancy.
159.160 Teachers' reports to superintendent.
159.170 Withdrawals and transfers -- Teachers to investigate and report.
159.180 Parents responsible for children's violations.
159.240 Continuing school census to be maintained.
159.250 Nature of census.
159.270 False report of census not to be made.
159.990 Penalties.
160.010 County school district -- What constitutes.
160.020 Independent school district -- What constitutes.
160.040 Merger of districts.
160.041 Merger of independent district with county district.
160.042 Election of members -- Present terms to continue, exception.
160.044 Time of election and terms of merged district board members -- Vacancies.
160.045 Transfer of adjacent territory to school district other than that in which it is located -- Procedure -- Surplus physical plant or facilities.
160.047 Application of KRS 160.045.
160.048 Transfer of area containing school outside district -- Procedure.
160.065 Liability for indebtedness in case of annexation.
160.105 Fire and extended insurance coverage.
160.155 Definitions for KRS 160.157.
160.156 State plan for community education -- Grant program.
160.157 Funding of community schools.
160.160 Boards of education -- Nature -- Corporate powers -- Election of chairman and vice-chairman -- Procedures for participation in financing -- Approval of state department required for mortgages, leases.
160.170 Oath of board members.
160.180 Eligibility requirements.
160.190 Vacancies, how filled.
160.200 Time of election of board members -- Term.
160.210 Manner of election of board members -- Changes in boundary lines of division boards in counties containing city of first class.
160.220 Secret votes -- Nominating petitions.
160.230 Presentation of candidate names -- Order in which names appear.
160.240 General election laws apply -- Expense.
160.250 Politics of candidate not to be indicated -- Definition of election booth.
160.260 Number of candidates to be voted for.
160.270 Regular and special meetings -- Quorum -- Majority concurrence -- Record of proceedings.
160.280 Per diem and expenses allowed board members.
160.290 General powers and duties of board.
160.291 Times for payment of salaries to school employes.
160.293 Agreement with public agency for development and maintenance on school property of recreational facilities for school and community purposes.
160.295 Procedure for promulgation of code of student rights and responsibilities for secondary schools -- Prohibited student activities.
160.297 Military recruiters' access to public high school campuses and student directory information.
160.300 Investigations by board -- Power to summon witnesses.
160.305 Contract for use of school buses to transport persons eligible for transportation services -- Plan -- Costs.
160.306 Implementation of KRS 160.305 -- Pilot projects.
160.310 Board to provide insurance for school buses.
160.320 Passways to school for pupils -- Provisions for.
160.330 Board may furnish necessary school supplies free of charge -- Free textbooks required to be furnished to indigent children.
160.340 Reports by boards to state board for elementary and secondary education -- Filing of policies on specified matters.
160.350 Superintendent of schools -- Appointment -- Term -- Salary -- Vacancy -- Qualifications -- Removal.
160.360 Assistant superintendents.
160.370 Executive agent of board -- Superintendent -- Duties as.
160.380 School employes -- Superintendent to recommend -- Qualifications -- Restrictions on employment of violent offenders or persons convicted of sex crimes -- Criminal record check on applicants.
160.390 Superintendent may appoint clerks -- General duties as to condition of schools -- Reports.
160.400 Outgoing superintendent -- Duties of.
160.410 Expenses of superintendent and employes.
160.420 Interest in teacher's claim prohibited.
160.440 Secretary of board of education.
160.450 Fiscal year of school districts.
160.455 Definition of tax levying authority.
160.460 School taxes, by whom levied -- Amount of and time of and property subject to levy -- Furnishing of assessment valuations.
160.463 Publication of financial statements of school systems (counties of 300,000).
160.470 School budgets -- Tax rate limits -- Hearing -- Levy exceeding four percent increase subject to recall vote or reconsideration.
160.472 Tax on motor vehicles and trailers to be used in determining maximum permissible school district revenue.
160.473 Limits for district board of education on personal property tax rates -- Public hearing and recall not applicable.
160.474 Cumulative increase for 1982-83 only -- Limit -- Public hearing and recall not applicable.
160.475 Ad valorem tax for school purposes -- Maximum rates -- Subdistrict taxes abolished.
160.476 School building fund -- Tax for -- Other resources -- Investment -- Expenditures -- Audit.
160.477 Special voted building taxes -- Purposes -- Special fund to be in separate account -- Expenditures from fund.
160.482 Occupational license, policy (counties of 300,000).
160.483 Occupational license fees, rate, exemptions (counties of 300,000).
160.484 Occupation license fees, when imposed, when dicontinued (counties of 300,000).
160.485 Occupation license fees, adoption, referendum held, when, procedure (counties of 300,000).
160.486 Occupation license fees, collection, distribution (counties of 300,000).
160.487 Occupation license fees, action for refund, time for (counties of 300,000).
160.488 Occupation license fees, effect of law (counties of 300,000).
160.500 Collector of school taxes -- Allowances to -- Special collector -- Tax bills -- Itemization of incremental costs by clerk not required.
160.505 Certain taxes to be collected by person appointed by board of education.
160.510 Taxes paid to depository -- Reports of tax collector.
160.520 Penalties for tax delinquency -- General laws apply.
160.530 Use of school money.
160.540 Power to borrow money in anticipation of taxes.
160.550 Expenditure of funds in excess of income and revenue of any year.
160.560 Treasurer of board of education -- Selection -- Bond -- Duties.
160.570 Depository of board -- Bond -- Duties.
160.580 Gift, grant or devise to school board.
160.590 Special funds -- Disposition of.
160.593 Levy of occupational license tax, utility gross receipts license tax, or excise tax for schools.
160.597 Levy recall procedure.
160.599 Emergency loans to public common school districts.
160.601 Taxes, how designated.
160.603 Notice and hearing before levy.
160.605 Occupational tax -- Exemptions.
160.607 Rate of tax.
160.611 Nonresidents of county exempt.
160.613 Utility gross receipts license tax -- Exemptions -- Consumer's liability.
160.615 Taxes payable, when.
160.617 Utility rate increase.
160.621 Excise on individual income for schools.
160.625 Excise tax returns -- Payment -- Form.
160.627 Information on state income tax liability of school district residents -- Revenue Cabinet as tax collector.
160.633 Deposit of excise tax proceeds.
160.635 Continuance of tax until reduced -- Expiration date.
160.637 Administrative costs -- Revenue cabinet collection procedure.
160.640 Custodian of tax funds to give bond -- Expense, how paid.
160.642 Custodian to be audited.
160.644 Tax proceeds -- Apportionment to districts.
160.648 Penalty for failure to make returns or pay tax.
160.990 Penalties.
161.010 Definitions for KRS 161.020 to 161.120.
161.011 Definition of classified employe.
161.020 Certificates required of school employes -- Filing requirements -- Validity and terms for renewal.
161.025 Kentucky council on teacher education and certification created -- Membership -- Terms -- Duties.
161.027 Preparation program for principals -- Testing and internship requirements.
161.030 Certification authority -- Testing of beginning teachers -- Temporary certificates -- Internship -- Beginning teacher committee; resource teachers.
161.040 General qualifications for certificates.
161.042 Status of student teachers -- Responsibility to administrative staff and supervising teachers.
161.044 Requirements for teachers' aides and noninstructional teachers' aides -- Legal status -- Preference to certified applicants -- In-service training on utilization and evaluation of teachers' aides.
161.046 Adjunct instructors.
161.100 Emergency certificates.
161.115 Deletion of certificate, certificate endorsement or subject specialization at holder's option -- Restoration of deleted areas of certification.
161.120 Revocation of certificates.
161.121 Definitions for KRS 161.122.
161.122 Career-ladder commission to develop pilot program -- Commission report required -- Initiation of two-year program.
161.124 Interstate agreement on qualification of educational personnel.
161.126 Designation of superintendent of public instruction as state official under agreement -- Handling contracts under agreement.
161.145 Cost of physical examination required for employment of classified personnel.
161.152 Emergency leave for school employes.
161.153 Leave for jury duty for teachers and state employes.
161.154 Personal leave days for school employes.
161.155 Sick leave for employes or teachers -- Sick leave bank.
161.157 Credits allowed transferred departmental employe.
161.158 Group insurance -- Deductions from salaries.
161.159 Adoption of rules and regulations to implement life insurance program.
161.162 Discrimination prohibited.
161.163 Teachers' application form not to require disclosure of religious affiliation.
161.164 Bribery prohibited.
161.170 Teachers to enforce course of study and use of books -- Removal for failure.
161.180 Supervision of pupils' conduct.
161.185 Teacher or staff member to accompany students on school endorsed trips.
161.190 Abuse of teacher prohibited.
161.200 Records to be kept by teachers -- Exceptions.
161.210 Reports to be made by teachers.
161.220 Definitions.
161.230 Retirement system -- Purpose -- Name.
161.250 Board of trustees to control retirement system -- Membership.
161.260 Election of members of board of trustees.
161.270 Vacancies -- How filled.
161.280 Oath of board members.
161.290 Meetings -- Compensation and expenses of board members.
161.300 Quorum.
161.310 Rules and regulations.
161.320 Record of proceedings -- Annual report.
161.330 Cost of administration -- How paid -- Office space.
161.340 Officers of board -- Personnel of system -- Contracting for services -- Bond of officers and employes -- Liability insurance.
161.370 Treasurer, auditor and legal adviser of board -- Annual audit of teachers' retirement system.
161.380 Duties of treasurer -- Custodian of securities.
161.390 Actuarial data to be kept.
161.400 Actuary -- Employment -- Duties.
161.420 Funds of retirement system.
161.430 Investment of funds -- Duties of board and investment counselor.
161.440 Assignment of interest to funds.
161.450 Cash on deposit.
161.460 Interest in investments -- Trustees and employes not to have.
161.470 Membership -- Forfeiture of service credit -- Termination of membership -- Reinstatement -- Payment of accumulated contributions.
161.480 Statement of member -- Designation of beneficiary.
161.490 Investigation of statement.
161.500 Service credit.
161.507 Prior service credit for veterans.
161.510 Prior service allowed new members.
161.515 Out-of-state service credit -- Contributions.
161.520 Payment of accumulated contribution on death.
161.522 Survivor of member retired for disability may elect annuity.
161.525 Death of member eligible to retire -- Options of beneficiary -- Monthly minimum allowance to surviving spouse.
161.530 Forteiture.
161.540 Members' contributions -- Picked up contributions.
161.545 Contribution and service credit for substitute or part-time service -- Contributions by those granted leaves of absence -- Contributions not to be picked up -- Credit by those obtaining master's degree.
161.550 State's contrubution to system.
161.555 Contributions of districts, institutions or regional educational cooperatives under federal reserve programs and regional cooperative organizations.
161.560 Deduction and forwarding of teachers' contributions -- Picked up employe contributions.
161.565 Reduction and pick up of contributions by university faculty members.
161.580 Individual accounts to be kept -- Other data -- Summary plan description -- Publication -- Recipients.
161.585 Account of member confidential.
161.590 Service credited at retirement.
161.595 Service credit.
161.600 Retirement conditions.
161.603 Resumptions of teaching by retired member.
161.605 Substitute teaching by retired teachers.
161.607 Employment in position covered by other Kentucky retirement system, effect.
161.608 Computation of benefits of member who has an account with another retirement system.
161.620 Retirement allowances -- Amount.
161.623 Use of unused sick-leave days to determine service credit -- Cost to system -- Exclusivity of choice under chapter -- Employer participation optional.
161.624 Responsibilities of members.
161.630 Benefit options.
161.640 Payment of annuities -- Payroll deductions.
161.650 Death of retired member -- Payment to beneficiary.
161.655 Death benefits.
161.661 Disability retirement -- Eligibility -- Duration -- Examinations -- Effect of employment -- Medical review committees.
161.662 Status of disabled teachers and superintendents.
161.663 Disability retirement with less than required years of services.
161.675 Contracts for hospital and major medical insurance for members retired for service or disability -- Premiums exempt from premium tax.
161.680 Mistake in payment -- Correction of.
161.690 Falsifying record prohibited.
161.700 Funds exempt from taxation and process -- Benefits not considered marital property.
161.705 Voluntary contributions by or for member.
161.710 Local system merged with state system -- Porvisions concerning.
161.712 Payments to teachers who worked prior to July 1, 1940.
161.714 Inviolable contract.
161.716 Federal laws take precedence over Kentucky statutes pertaining to teachers' retirement system.
161.720 Definitions for teachers' tenure law.
161.721 Superintendent eligible for continuing contract status.
161.730 Limited or continuing contracts with teachers required.
161.740 Eligibility for continuing service status -- Transfer teachers -- Reinstatement after service in armed forces.
161.750 Nonrenewal of limited contracts.
161.760 Notice of salary to be paid to teacher -- Increases -- Reductions in responsibility -- Assignment of personnel.
161.765 Procedures for demotion of administrative personnel -- Appeal.
161.770 Leaves of absence.
161.780 Termination of contract by teacher or superintendent.
161.790 Termination of contract by board -- Reasons -- Procedure -- Suspension pending Trial -- Appeall -- Alternative to termination.
161.800 Suspension of contracts on reducing number of teachers.
161.810 Continuance of status in case of annexation or consolidation of schools.
161.841 Retirement plan for noninstructional school employes.
161.990 Penalties.
162.010 Title to school property.
162.020 Transfer of property from one district to another -- Title not affected -- District may own school in another district.
162.030 Condemnation of property for school purposes.
162.040 Escheated property.
162.050 Use of school property for public purposes.
162.060 Plans for school buildings to be approved.
162.070 Contracts for buildings, improvements and materials to be let on competitive bidding -- When advertisements not required.
162.075 Compliance with code unnecessary on purchases from federal government.
162.080 Bond issues for school sites and buildings -- Authorization -- Election.
162.090 Issuance and sale of bonds -- Proceeds -- Tax to pay.
162.100 Limitation on amount of bond issue -- Effect of bonds issued under former laws.
162.120 Independent district in city may convey property to city to provide buildings.
162.130 City to contract for erection of building.
162.140 Lease of buillding by board of education -- Terms -- Amount of rent.
162.150 City may erect school buildings.
162.160 Plans and specifications for buildings -- Board of education must offer to lease buildings before construction contract is made.
162.170 Financing construction of buildings.
162.180 Bonds -- Interest on -- When payable -- How sold.
162.185 Applicability of KRS 162.170 and 162.180.
162.190 Bonds negotiable -- Tax-exempt -- Signatures -- Not a city debt.
162.200 Use of funds -- Lien on building.
162.210 Rights of bondholders to enforce lien.
162.220 Receiver in case of default.
162.230 Rent -- Disposition of to be fixed by ordinance.
162.240 Deposit and investment of sinking fund.
162.250 Maintenance fund surplus to be transferred to sinking fund.
162.260 Refunding bonds may be issued.
162.270 Additional bonds authorized.
162.280 When city to convey property to board.
162.290 Alternative methods -- Other procedure not required.
162.300 County boards of education and boards of education of independent districts not embracing cities may obtain school buildings in manner provided in KRS 162.120 to 162.290.
162.310 State educational institution may convey building site.
162.320 Contract for erection of building -- Grantee to enter.
162.330 Lease of building -- Option to purchase.
162.340 Governing bodies of state educational institutions may erect buildings.
162.350 Erection of buildings by state educational institutions to be effected in same manner as erection of school buildings by cities.
162.360 Revenue of building -- How fixed -- Use.
162.370 Maintenance fund surplus -- Disposition.
162.380 Bonds are obligations of governing body -- Resolution constitutes contract.
162.385 School district finance corporation -- Definitions -- Construction bonds.
162.440 Insurance fund may be established by boards of education in cities of second class and in counties containing such a city.
162.450 Payments into fund -- Replacement of expenditures -- Use of interest.
162.460 Investment and care of insurance fund.
162.470 Insurance inspector to examine buildings annually.
162.480 Proof of loss -- Appropriations from fund.
162.490 Insurance fund may be used in case of delay in payment under insurance policy.
162.500 Prohibited appropriations.
162.520 Definitions for KRS 162.520 to 162.620.
162.540 Interpretation of terms in KRS 162.120 to 162.300, when applied to KRS 162.520 to 162.620.
162.550 Ownership of certain moneys determined.
162.580 Duty of authority as to each bond issue.
162.590 Duty of department upon request of authority.
162.600 Bonds to issue in name of authority -- Identification -- Investment designation.
162.620 Sale of bonds -- Conditions.
162.990 Penalties.
163.020 Federal acts relating to vocational education accepted.
163.030 State board for vocational-technical, adult education and vocational rehabilitation services authorized to carry out vocational education program.
163.032 Salary schedules for teachers in vocational schools and schools for blind and deaf -- Certified teacher status and benefits for teachers in schools for blind and deaf.
163.038 Public corporation to provide computer services for the blind -- Appointment of board of directors -- Terms -- Duties.
163.070 State treasurer custodian of funds.
163.085 Buildings for state vocational schools, acquisition or construction.
163.086 Governor's council on vocational education -- Membership -- Responsibilities -- Reimbursement for expenses.
163.087 Tuition and fees in vocational schools.
163.088 Liability insurance for motor vehicles owned or operated by department in vocational schools.
163.089 Medical and accident insurance for students.
163.095 Application of bequests or donations.
163.098 Establishment of base salaries for principals.
163.110 Declaration of intent for KRS 163.110 to 163.180.
163.120 State vocational rehabilitation agency.
163.130 Vocational rehabilitation services, persons entitled to receive.
163.140 Authority of state board for vocational-technical, adult education and vocational rehabilitation services.
163.160 Federal acts relating to vocational rehabilitation.
163.170 State treasurer designated as custodian of funds -- Disbursements.
163.180 Gifts may be received.
165.270 City of first class may provide for training teachers.
165.280 Board of education in county containing city of fourth class may establish junior college -- Tax for support -- Election on question of establishment.
167.015 Management for Kentucky School for Blind and School for Deaf.
167.017 Appointment of superintendent for Kentucky School for the Deaf -- Selection committee -- Removal.
167.035 Advisory board for Kentucky School for the Blind.
167.037 Advisory board for Kentucky School for the Deaf -- Selection of members -- Duties.
167.150 Admission policies, curriculum, and rules for Kentucky School for Blind and School for Deaf.
167.170 Expulsion of students.
167.210 Definition of "deaf-blind children."
167.220 Authority of department of education.
167.240 Authority to adopt rules.
167.250 Liability insurance authorized for drivers of motor vehicles transporting student bodies of Kentucky school for the blind, Kentucky school for deaf and Eastern Kentucky comprehensive rehabilitation center at Thelma.
168.010 Declaration of purpose.
168.020 Definitions for KRS 168.010 to 168.100.
168.030 Kentucky Authority for Educational Television.
168.040 Membership of authority.
168.050 Terms of members -- Vacancies -- Re-election or re-appointment.
168.060 Meetings -- Notice -- Quorum -- Organization.
168.070 Executive committee.
168.080 Employes.
168.090 Compensation and expenses of members.
168.100 Powers of authority.
247.080 Board of education may aid extension work.
273.070 Inccorporated college may establish adjunct schools.
273.080 Power over adjunct school.
273.130 Disposition of property in case of dissolution of religious society.
Recognizing the enormity of this task, this office is of the opinion that the working draft correctly identifies appropriate statutes. Clearly, it would be difficult to identify and include every statute which has any impact whatsoever on the system of common schools, without including, perhaps, the majority of the Kentucky Revised Statutes. Nevertheless, with the exceptions noted below, it appears that you have identified all statutes that obviously must be addressed.
The list comprises those statutes now in existence that are directly impacted by the Rose . Each will require repeal and reenactment or amendment. New legislation adopted by the 1990 General Assembly, of course, may result in amendments to other statutes presently in existence. For example, KRS 12.020 on "Departments, program cabinets and administrative bodies enumerated," must be amemded should the 1990 General Assembly change the organizational structure of state-administered education programs. Finally, other statutes which apply across state government to all agencies may require repeal and reenactment insofar as they directly affect schools. For example, the Model Procurement Code, Chapter 45A, should be repealed and reenacted or amended since it is the basis for all school purchasing decisions. KRS Chapter 56, State Lands and Buildings, may have sections impacting the system of common schools that should be repealed and reenacted or amended.
In summary, those statutes having a direct and explicit impact on the system of common schools should be repealed and reenacted or amended, including the statutes treating the Teachers Retirement System and the School Facilities Construction Commission. Those statutes having an impact on the system of common schools only insofar as they apply to all public agencies should be examined to determine whether they have any unique impact on schools and education. If so, they likewise should be repealed and reenacted or amended. This office commends the excellent work of the Legislative Research Commission in defining the package of statutes needing attention.