Request By:
Hon. John Corlis
Judge Executive
Bracken County Court
Brooksville, Kentucky 41004
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General on several questions regarding school districts in Bracken County. We will state your questions and answer them as presented.
"1. What board, court, commission or office has the responsibility and authority to determine and set the boundaries of two taxing school districts that are both in Bracken County?"
The responsibility of determining the boundaries of the two school districts rests with the boards of education of the two districts. If the two boards cannot reach an agreement as to the boundary between them, either board may petition the Superintendent of Public Instruction to settle the matter. KRS 160.045(2) reads as follows:
"In the event that the boards fail to agree within 90 days from the filing of petitions for such a transfer, either board may petition the superintendent of public instruction for approval or disapproval of the transfer of the property involved. In his consideration for giving approval or disapproval, he shall be governed by any policies and rules and regulations of the State Board of Education which may be affected by the transfer of the property and shall give due consideration to the following:
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"(4) In the event the superintendent of public instruction is unable to arrive at a satisfactory agreement with the two boards of education concerning the transfer of the involved property within 120 days from the time it is presented to him, either board may request that he bring the matter on for hearing before the State Board of Education at its next regularly scheduled meeting. In that event, he shall file with the State Board of Education all the facts which he has gathered, the recommendation he has made, and the basis for his recommendation, for their consideration."
"(2) What board, court, commission or office has the responsibility and authority to change property owners from one school district to another when a question arises as to the correctness of past district lines?"
The portion of KRS 160.045 quoted above applies to your second question as well as to your first. It is the responsibility of the two boards of education to determine the location of the line dividing the districts and to see that a proper list of the voters for the respective districts is filed with the County Board of Elections. OAG 70-244. In case the boards cannot agree upon the dividing line for taxing and voting purposes the matter will have to be settled by the Superintendent of Public Instruction or the State Board of Education.
"(3) What body of government or office has the responsibility of determining who votes in the local school board elections that are held at the same time for both school districts when property lines for districts are not clear?"
We have recently discussed a similar question in connection with the changing of precinct lines as affecting magisterial districts in OAG 80-527. (Copy enclosed.) The county clerk is chairman of the County Board of Elections and has the responsibility of receiving from the school district information as to which voters are entitled to vote in the district. In a case where the district line does not coincide with the precinct line the clerk must, prior to the election, mark the precinct list to show which voters are entitled to vote in each of the two school districts within the precinct so that the election clerk can inform the precinct judge operating the machine how to lock out one board candidate or the other when the voter enters the booth to vote.
In summary, it is for the boards of education involved to first agree upon the dividing line and locate it geographically. It is then for each board to prepare a proper list for tax purposes and for voting purposes for its respective district.