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Bill Summary · SB 202

Overview

SB 202 (2026RS) from Kentucky proposes to modify how local boards of education are sized, elected, and organized, with a focus on aligning board membership with district enrollment and establishing division-based representation in certain counties. The bill sets a framework for recalculating board size every ten years, outlines how divisions (electoral districts) should be drawn and adjusted, and standardizes election timing and procedures for boards of education.

Main purpose and intent

  • To determine and adjust the number of school board members for each district based on average daily enrollment (three-year data), effectively resizing boards to correspond with district size.
  • To establish division-based (district-based) elections in counties and independent districts where applicable, and to specify the process for creating, updating, and managing those divisions.
  • To clarify election timing (even-numbered years, four-year terms) and to address mergers involving cities of the first class.
  • To set governance and financing safeguards related to school district property, bonds, leases, and technology procurements, including requirements for pre-approval and public bidding.

Key provisions and changes

Board size and timing (Section 1)

  • The Kentucky Board of Education will determine the required number of board members in the first four months of 2033 and every decennial year thereafter, based on the district’s average daily enrollment (three-year data).
  • Table of board sizes by enrollment:
    • ≤15,000 students: 5 members
    • 15,001–30,000: 7 members
    • 30,001–45,000: 9 members
    • 45,001–60,000: 11 members
    • 60,001–75,000: 13 members
    • ≥75,001: 15 members
  • If a regular election occurs in the same year as the determination, added members are filled in that election; otherwise, new members become vacancies to be filled at the next regular election.
  • If size is reduced, reductions occur at the next regularly scheduled election.
  • Division-based elections: independent districts elected at large; county districts elected by divisions.
  • If a county district fails to adopt divisions timely, new seats become at-large until divisions are updated.
  • Division boundary changes must aim for population equality and use integral precincts; no changes within five years of the last change unless exceptions apply.
  • A petition (100 residents) can trigger an investigation into division population balance; if imbalanced, the Board of Education can order changes to equalize populations. Noncompliance may trigger at-large elections until compliance.
  • In counties with class-one-city mergers, seven divisions are specified (with specific historical census-tract-based boundaries) and staggered four-year terms for divisions; initial terms allocated by a defined schedule.
  • In counties with cities of the first class, division boundary adjustments must align with precinct boundaries; changes must be published and recorded.

Election timing and division administration (Section 2)

  • Elections for board members occur in even-numbered years, for four-year terms.
  • Regular elections in November; independent districts with a designated city may hold elections on the first Saturday in May if chosen by the district board.
  • Registry and boundary documentation responsibilities shift to county clerks; more explicit alignment of city and school district boundaries for voter eligibility.

District governance and financing safeguards (Section 3)

  • Boards must establish project costs in advance (based on public bids) before financing school buildings or improvements.
  • Final commitments for bonds, leases, or other financing require competitive bidding and Department of Education approval where applicable.
  • Debt and lease payments must be made with a specified priority, and the Department can intercept funds to cover missed payments.
  • Restrictions on long-term financing for education technology (no longer than seven years or the equipment’s useful life).
  • Local boards may transfer or sell district property to another government entity or similar entity, subject to independent appraisals and specified standards.

Boundary and voter registration coordination (Section 4)

  • Clerks must maintain voter rosters and maps for city and school district boundaries.
  • Changes to city or school district boundaries must be promptly reported to relevant clerks; precinct codes updated to reflect eligibility for votes in city and school board elections.
  • Payment of information and boundary data between city clerks and county clerks is addressed, with an emphasis on accessibility and avoiding fees.

Merger and transitional provisions (Sections 5–6)

  • Provides merger-related provisions when independent districts merge with county districts in counties containing a city of the first class; terms may continue until expiration with vacancy rules applying.
  • The Board of Education must issue initial determinations on board size by December 31, 2026, and local boards with added seats must enact division changes within 30 days of notice. Added positions become vacancies filled at the next regular full-term election.

Who or what would be affected

  • Local boards of education across Kentucky, both independent districts and county districts.
  • Voters in school district and city-related elections, due to potential changes in boundaries, divisions, and election timing.
  • County clerks and city clerks responsible for voter registration data, boundary maps, and ballot administration.
  • Districts undergoing mergers or boundary reorganizations, particularly in counties with cities classified as first class.

Procedural and timeline aspects

  • Initial board-size determinations due by December 31, 2026; subsequent decennial determinations every ten years in the first four months of 2033 and each decennial year thereafter.
  • If new seats are created, vacancies are filled at the next regular four-year term election.
  • Divisions and boundary changes must be implemented in a structured timeline, with reporting to the Department of Education and Legislative Research Commission within ten days of adoption.
  • Elections remain in even-numbered years unless a designated city district chooses May elections; terms remain four years.
  • Several provisions reference compliance with KRS 424 (public bidding) and KRS 66 (general obligation bonds), indicating alignment with existing procurement and debt-issuance rules.

If you’d like, I can provide a concise one-page briefing with the most essential bullets or a comparison to the current law to highlight all substantive changes.

Compiled from official sources — confirm details with the bill’s official record.

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