RELATES TO: KRS Chapter 45A, 65.944, 65.946, 156.070, 160.160,
424.260, Ky. Const. Sec.177
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 and 156.160
require the Kentucky Board of Education to promulgate administrative
regulations concerning the management of the school districts. KRS 65.944(1)(b)
requires the Kentucky Board of Education to promulgate administrative
regulations to implement requirements for lease approval by the Commissioner of
Education. This administrative regulation establishes requirements for approval
of school district lease agreements.
Section
1. Administrative Guidelines.
(1)
To request approval of a lease agreement in excess of $100,000 from the
Commissioner of Education pursuant to KRS 65.944(1)(b), the district shall
submit a copy of the proposed lease and a completed Local Board Attorney
Certification form to the Department of Education prior to finalization of the
lease agreement.
(2) The school
district shall submit the proposed lease to the Department of Education who
shall approve or disapprove the lease within thirty (30) business
days.
(3) During the evaluation
process, the Department of Education may request additional documentation to
properly evaluate the proposed lease agreement.
Section 2. Final Approval and
Reconsideration.
(1) Final approval of a
proposed school district lease agreement in excess of $100,000 shall be granted
by the Commissioner of Education before the agreement takes effect.
(2) Upon receiving written approval from the
Commissioner of Education, a school district may enter into the
lease.
(3)
(a) The Commissioner of Education shall send
written notification to the school district if the agreement is not
approved.
(b) The notice shall
contain the reasons the agreement was not approved.
(c) A school district may request
reconsideration by the Commissioner of Education if alterations are made to the
proposed lease which alleviate the concerns expressed by the Commissioner of
Education.
Section
3. Incorporation by Reference.
(1) "Local Board Attorney Certification",
November 2023, is incorporated by reference.
