Revised-March 2006
KENTUCKY DEPARTMENT OF EDUCATION
LOCAL DISTRICT BOARD MEMBER APPOINTMENT PROCEDURE
AUTHORITY
KRS 160.190 assigns the Kentucky Commissioner of Education the responsibility to appoint local school district board members to vacant seats between elections.
KRS 160.190 Vacancies, how filled
1. Any vacancy in any board of education shall be filled by the chief state school officer within ninety (90) days after the vacancy occurs. The member so chosen shall meet the eligibility requirements established by KRS 160.180 and shall hold office until his successor is elected and has qualified. The local board of education may make nominations and any person may nominate himself or another for the office.
2. Any vacancy having an unexpired term of one (1) year or more at the next regular November election after the vacancy occurs shall be filled for the unexpired term by an election to be held at the next regular November election after the vacancy occurs. The elected member shall succeed the member chosen by the chief state school officer to fill the vacancy.
RESPONSIBILITY
Appointment of a member to a local board of education is required when a sitting member can no longer occupy this office until the expiration of the elected term. The Kentucky Commissioner of Education makes all appointments of members to local boards of education. The appointment of the Commissioner is effective until the next regular election. However, if the vacancy has an unexpired term of less than one year, the appointment is effective until the end of the remaining term.
The Deputy Commissioner and General Counsel is responsible to supervise the identification of candidates for the Commissioner to consider for appointment to local boards of education. Responsibility for completion of the process used to identify candidates is assigned to the Office of Legal and Legislative Services.
APPOINTMENT PROCESS
The Kentucky Commissioner of Education must appoint a member to a local board of education upon the resignation, death, vacancy or removal from office of a sitting local board member. The appointment process begins when a written resignation from a local board member is submitted to the Commissioner (the effective date is the date the resignation is accepted by the Commissioner). Resignations should be addressed to the Kentucky Commissioner of Education. The written resignation of a board member that has been presented to a local board of education is acceptable when forwarded to the Commissioner. When the Commissioner accepts the resignation, the vacancy officially exists.
After the Commissioner accepts the resignation, the local board of education advertises for qualified applicants for the vacant position. The advertisement runs in the local newspaper of record on two (2) separate occasions separated by seven (7) days. The advertisement solicits qualified applicants, enumerates all qualifications and particulars of the office and establishes a deadline for candidates to apply. (A sample advertisement is included in this packet.) The deadline for applications to be postmarked to the Commissioner is established to be at least three (3) days after the second run of the advertisement. If, after the deadline, less than two qualified candidates have applied for consideration, the advertisement is repeated, with a new deadline, to solicit additional qualified candidates. If, after the required advertisement cycle has been repeated one or more times, and no candidates or only one candidate has applied, further advertisements may be suspended and other methods considered to recruit additional applicants.
All applications are to be returned directly to the Kentucky Commissioner of Education, Department of Education, First Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601.
(Blank two-page application, voter residence certification, and criminal records check forms are included in this packet. These are to be completed by each applicant and returned directly to the Commissioner.)
KDE will acknowledge each application in writing. The acknowledgement will include the date, time and place established for the screening committee interview. Selected general information about serving on a local board of education will also be included and each applicant will be asked to review this information prior to the committee interview.
For each vacancy having more than one applicant, a screening committee will be established by KDE to review all applications, interview qualified candidates and develop a recommendation for the Commissioner's consideration. Each committee will be chaired and coordinated by the KDE Board Member Appointment Coordinator or other KDE employee. Members will be recruited from the Prichard Committee, Kentucky Chamber of Commerce, Leadership Kentucky, Kentucky School Boards Association, members of other local school boards, and other individuals who are actively involved or recently retired from educational practice.
This procedure is followed by the Commissioner to insure the best possible advice is received from multiple professional sources regarding the appointment of local school board members. In all cases, the recommendations of the screening committee will be considered, however, the responsibility for the final decision regarding the appointment of members to local boards of education resides, by law, entirely with the Commissioner.
ASSIGNMENT OF RESPONSIBILITIES
RESPONSIBILITES OF THE LOCAL SUPERINTENDENT
Notify the Commissioner of Education of a board member vacancy when the resignation is not submitted directly by the board member to the Commissioner.
Place an advertisement in the local newspaper of record seeking applications for the vacant board seat. Send a copy of this advertisement cut from the newspaper to the Commissioner. This advertisement needs to run twice separated by seven (7) days. The deadline for filing applications with the Commissioner needs to be at least three (3) days after the second run of the advertisement. If no only one candidate ( or no candidates) apply, the advertisement is repeated at least one or more times or until more than one qualified candidate has applied. (A sample advertisement is included in the superintendent's packet.)
Provide the Commissioner with the term of office of the resigned board member.
Distribute blank two-page application, voter residence certification and criminal records check forms to each interested individual. All application forms are to be returned directly to the Kentucky Commissioner of Education, Department of Education, First Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601.
Provide and schedule adequate PRIVATE space for applicant interviews.
RESPONSIBILITIES OF THE KENTUCKY DEPARTMENT OF EDUCATION (KDE)
KDE BOARD MEMBER APPOINTMENT COORDINATOR
Upon notification of board vacancy, prepare appropriate correspondence for Commissioner's acceptance of resignation and/or acknowledgement of vacancy.
Provide local superintendent with packet containing application forms, sample newspaper advertisement and appointment procedure information.
Complete all communication regarding board member appointments with local school districts and other authorities as required.
Notify Secretary of State, Kentucky School Boards Association, KDE Office of Communication Services and appropriated local County Court Clerk that a school board vacancy exists.
Receive all completed applications from Commissioner's office and certify receipt prior to advertisement deadline. Application must be received in the Commissioner's office or postmarked no later than the deadline established in the newspaper advertisement.
Screen all applicants to assure full legal eligibility to serve as a local board member.
Schedule date, time and place for applicant interviews. Coordinate interview activities with local superintendent.
Send acknowledgement, interview scheduling notice and board service information to all qualified applicants.
Identify members to serve on all screening committees. Each screening committee should have a minimum of two members in addition to the Appointment Coordinator or other KDE representative. Recruit potential members from the Prichard Committee, Kentucky Chamber of Commerce, Leadership Kentucky, Kentucky School Boards Association, local school board members, and other persons who are actively involved in or recently retired from education.
Chair screening committee interviews or assign other KDE representative to chair.
Provide notification of all details regarding the screening and recommendation process to all material parties including committee members, applicants, local superintendents, KDE authorities and others as required.
Based on screening committee discussion and consensus, recommend candidates for the Commissioner's consideration. Provide rationale supporting committee recommendation. This recommendation is made through KDE lines of authority to the Commissioner for consideration.
Send appropriate notices of Commissioner's action to appoint a boar member to fill local board of education vacancy to superintendent of local district, all applicants, Kentucky School Boards Association, appropriate local county clerk, Secretary of State, and KDE office of Communication Services.
Maintain complete file for each board vacancy.
Draft correspondence to respond to any particular of specific situation regarding board member appointment as directed by the Deputy Commissioner and General Counsel.
Submit weekly reports of board member appointment activities and vacancy status to Deputy Commissioner and General Council.
SCREENING COMMITTEE RESPONSIBILITIES
Meet at the scheduled time and location to interview candidates and develop recommendation for consideration of Commissioner of Education.
Prior to meeting, review all applications submitted.
Participate in the interview of all qualified applicants.
In committee, discuss applicants and work with other committee members to reach consensus on a first and, if necessary, a second place recommendation with rationale necessary to support the recommendation.
Maintain complete confidentially regarding committee discussions, information considered, deliberations and recommendation.
Application for Local School Board Appointment