SB 114: Removal of Elected School Boards in Jefferson County & Fayette County

SB 114 would require that boards of education serving districts with over 25,000 students to be appointed by a county’s “chief executive” (mayor or county judge executive) and confirmed by the city or county legislature. In Kentucky, two districts, Jefferson County, and Fayette County would fall under this bill's purview. The board would expand to 11 members, those members would: “reflect no less than proportional representation of the two leading political parties of the Commonwealth based on the county's voter  registration and the political affiliation of each appointee as of December 31 of the year preceding the date of his or her appointment”. 

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1. How does this legislation impact the wellbeing of Kentucky’s 660,000 public school students? 

Public school districts function best when stakeholders such as parents, teachers, and students are included in the districts’ decision-making process. SB 114 removes the most important mechanism for these stakeholders to have their voice heard in Kentucky’s two largest public school districts: their ability to vote for board members. 

Further eroding the public trust between board members and the public by making them unaccountable and unelected will have negative effects on the operations of the district. Effective and transparent school governance is the foundation of a healthy school district. We do not argue that this has not been the case in Fayette County or Jefferson County, but SB 114 does nothing to improve district governance or restore public trust. 

SB 114 requires that board members are selected on the basis of partisan requirements. The further politicization of public schools is not a benefit to students, board members' motivation for serving should be students not political parties. Students suffer when schools become hamstrung by politics. 

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2. Is this legislation in-line with the 7 capacities of a constitutionally adequate education as defined by the Kentucky Constitution? 

The Rose v. Council for Better Education decision overhauled school governance in Kentucky, requiring more accountability for district financial decisions, and implementing site-based decision-making councils. The intention from the court was clear, public say in district decision-making is integral in ensuring the proper oversight of finances and governance. 

This bill, while not contradicting a specific capacity, is antithetical to the Rose decision’s conceptualization of the public's role in education. 

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3. What is the broader impact of this legislation on Kentucky public schools, including on educators, parents, and other education stakeholders? 

This legislation removes the only mechanism of accountability the public has over their schools. Parents, educators, and students would be at the whim of unelected, partisan officials. Voters in Lexington and Louisville will lose their right to elect school board representatives, effectively silencing them. 

SB 114 opens the door for further government encroachment in Kentucky’s education system. If the state legislature can decide that districts with 25,000 students do not have the right to an elected board, what stops them from deciding next session to expand to districts with 15,000, or 10,000 students? Our schools need less, not more, government overreach.