School board authority in Kentucky

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Kentucky state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Kentucky law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

Types of legal and contractual constraints on school board authority

See also: Local school board authority across the 50 states

This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

  • State laws commonly restrict or mandate school board policies on certain topics.
    • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
  • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
  • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
  • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
  • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
  • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

This page features the following sections:

School board authority over district policy in Kentucky

Enabling or authorizing statute for the boards of school districts in Kentucky

See also: Enabling statute

Kentucky Revised Statute § 160.160 creates school district boards of education and gives them authority to operate according to state law:[1]

“

(1) Each school district shall be under the management and control of a board of education consisting of five (5) members, except in counties containing a city of the first class wherein a merger pursuant to KRS 160.041 shall have been accomplished which shall have seven (7) members elected from the divisions and in the manner prescribed by KRS 160.210(5), to be known as the "Board of Education of ...., Kentucky." Each board of education shall be a body politic and corporate with perpetual succession. It may sue and be sued; make contracts; expend funds necessary for liability insurance premiums and for the defense of any civil action brought against an individual board member in his official or individual capacity, or both, on account of an act made in the scope and course of his performance of legal duties as a board member; purchase, receive, hold, and sell property; issue its bonds to build and construct improvements; and do all things necessary to accomplish the purposes for which it is created. Each board of education shall elect a chairman and vice chairman from its membership in a manner and for a term prescribed by the board not to exceed two (2) years.[2]

”

Kentucky school boards' powers and duties

Kentucky public school boards of directors are given broad authority to administer the public schools. Kentucky Revised Statute § 160.290 states, "Each board of education shall have general control and management of the public schools in its district and may establish schools and provide for courses and other services as it deems necessary for the promotion of education and the general health and welfare of pupils, consistent with the administrative regulations of the Kentucky Board of Education."[3]

In addition to the broad authority granted by state law, Kentucky school boards also have certain specific powers and duties. The list of specific powers and duties school district boards are charged with appears in Kentucky Revised Statute § 160.290 and are as follows:[4]

“

(1) Each board of education shall have general control and management of the public schools in its district and may establish schools and provide for courses and other services as it deems necessary for the promotion of education and the general health and welfare of pupils, consistent with the administrative regulations of the Kentucky Board of Education. Each board shall have control and management of all school funds and all public school property of its district and may use its funds and property to promote public education. Each board shall exercise generally all powers prescribed by law in the administration of its public school system, appoint the superintendent of schools, and fix the compensation of employees.

(2) Each board shall make and adopt, and may amend or repeal, rules, regulations, and bylaws for its meetings and proceedings for the management of the schools and school property of the district, for the transaction of its business, and for the qualification and duties of employees and the conduct of pupils. The rules, regulations, and bylaws made by a board of education shall be consistent with the general school laws of the state and shall be binding on the board of education and parties dealing with it until amended or repealed by an affirmative vote of a majority of the members of the board. The rules, regulations, and bylaws shall be spread on the minutes of the board and be open to the public. The rules, regulations, and bylaws may include the use of reverse auctions as defined in KRS 45A.070 in the procurement of goods and leases.

(3) Local boards of education electing to enter into agreements pursuant to the Interlocal Cooperation Act, KRS 65.210 to 65.300, with other local boards of education to establish consortia to provide services in accordance with the Kentucky Education Reform Act of 1990, 1990 Ky. Acts Ch. 476, may transfer real or personal property to the consortia without receiving fair market value compensation. The joint or cooperative action may employ employees transferred from employment of a local board of education, and the employees shall retain their eligibility for the Kentucky Teachers' Retirement System. The chief state school officer, under administrative regulations of the Kentucky Board of Education, may allot funding to an interlocal cooperative board created by two (2) or more local school districts pursuant to KRS 65.210 to 65.300 to provide educational services for the mutual advantage of the students in the representative districts. All statutes and administrative regulations that apply to the use of these funds in local school districts shall also apply to cooperative boards.[2]

”

Constraints on Kentucky school boards' authority

This section tracks constraints on school boards specific to Kentucky as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

Constraint on Kentucky school boards' authority by topic

This section features constraints on Kentucky school boards' authority on policies related to the following topics:

Curriculum requirements

Kentucky requires the following specific topics to be included in each district's curriculum:[5]

  • readings from the Bible
  • Recitation of the Lord's prayer and the pledge of allegiance
  • Workplace ethics
  • Instruction on human sexuality and sexually transmitted diseases
  • The U.S. Flag and etiquette
  • The "American principles of equality, freedom, inalienable rights, respect for individual rights, liberty, and the consent of the governed"
  • The following social studies concepts:
    • (a)"All individuals are created equal;
    • (b)Americans are entitled to equal protection under the law;
    • (c)An individual deserves to be treated on the basis of the individual's character;
    • (d)An individual, by virtue of the individual's race or sex, does not bear responsibility for actions committed by other members of the same race or sex;
    • (e)The understanding that the institution of slavery and post-Civil War laws enforcing racial segregation and discrimination were contrary to the fundamental American promise of life, liberty, and the pursuit of happiness, as expressed in the Declaration of Independence, but that defining racial disparities solely on the legacy of this institution is destructive to the unification of our nation;
    • (f)The future of America's success is dependent upon cooperation among all its citizens; (g)Personal agency and the understanding that, regardless of one's circumstances, an American has the ability to succeed when he or she is given sufficient opportunity and is committed to seizing that opportunity through hard work, pursuit of education, and good citizenship"
  • Cardiopulmonary resuscitation (CPR)

Curriculum restrictions

Kentucky law prohibits instruction in public schools regarding sectarian, immoral, or offensive content, or that criticize any religious denomination. This includes the following topics listed in Kentucky law:[6]

“

No book or other publication of a sectarian, infidel, or immoral character, or that reflects on any religious denomination, shall be used or distributed in any common school. No sectarian, infidel, or immoral doctrine shall be taught in any common school.[2]

”
Federal law and guidance

Book bans, removals, and restrictions

Kentucky school boards have the authority to remove books from school libraries.[8]

“

(g) The local superintendent shall determine which curriculum, textbooks, instructional materials, and student support services shall be provided in the school after consulting with the local board of education, the school principal, and the school council and after a reasonable review and response period for stakeholders in accordance with local board of education policy. Subject to available resources, the local board shall allocate an appropriation to each school that is adequate to meet the school's needs related to instructional materials and school-based student support services, as determined by the school principal after consultation with the school council. The school council shall consult with the school media librarian on the maintenance of the school library media center, including the purchase of instructional materials, information technology, and equipment;[2]

”

Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[9][10][11]

Federal guidance


Parental notification

Kentucky requires parental notification if schools offer instruction or healthcare regarding either of the two following topics:[13]

  • human sexuality
  • sexually transmitted diseases

Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[14]

Discipline

See also: How does Kentucky compare to other states on school board authority over disciplinary policy?

Kentucky is one of 47 states that gives school boards authority over district disciplinary policy.

The text of Kentucky Revised Statute § 160.345 is as follows:[15]

“

(i) The school council shall adopt a policy that shall be consistent with local board policy and shall be implemented by the principal in the following additional areas:
…
7. Selection and implementation of discipline and classroom management techniques as a part of a comprehensive school safety plan, including responsibilities of the student, parent, teacher, counselor, and principal;[2]

”
Federal guidance

School board elections

See also: Rules governing school board election dates and timing in Kentucky, How does Kentucky compare to other states on school board authority over election timing?

Kentucky is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

Click here to read about the laws governing school board elections in Kentucky.

Public school choice and open enrollment

See also: School choice in Kentucky

Kentucky law requires parents to be allowed to enroll students in the public school nearest their home, and mandates that school boards develop policies permitting open enrollment, which may include capacity limits.:[17]

“

(1) By July 1, 2022, a board of education shall adopt a nonresident pupil policy to govern the terms under which the district shall allow enrollment of nonresident pupils. Upon allowing nonresident pupil enrollment, the policy shall allow nonresident children to be eligible to enroll in any public school located within the district. The policy shall not discriminate between nonresident pupils, but may recognize enrollment capacity, as determined by the local school district. The nonresident pupil policy and any subsequent changes adopted by a board of education shall be filed with the Kentucky Department of Education no later than thirty (30) days following their adoption. [2]

”

Charter schools

See also: Charter schools in Kentucky, How does Kentucky compare to other states on school board authority over charter schools?

Kentucky is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

Local school board collaborations, mayors, and urban-county CEOs can also authorize charter schools within their respective regions or counties:[18]

“

(15) "Public charter school authorizer" or "authorizer" means an entity or body that reviews, approves, or denies charter applications, enters into charter contracts with applicants, oversees public charter schools, and renews, does not renew, or revokes charter contracts. Authorizers shall include:(a) A local school board of a local school district, which shall only have authority to approve charter applications within the boundaries of its district;(b) A collaborative among local school boards that forms to set up a regional public charter school to be located within the area managed and controlled by those local school boards;(c) The mayor of a consolidated local government, who shall be considered an authorizer governing board for the purposes of KRS 160.1590 to 160.1599 and who may only authorize public charter schools to be physically located within the county in which the city is located and who has submitted a written notice to the state board that he or she intends to serve as an authorizer; and(d) The chief executive officer of an urban-county government, who shall be considered an authorizer governing board for the purposes of KRS 160.1590 to 160.1599 and who may only authorize public charter schools to be physically located within the county in which the city is located and who has submitted a written notice to the state board that he or she intends to serve as an authorizer;[2]

”

Though charter schools are legal in the state, no charter schools had been established as of September 24, 2025, due to ongoing litigation regarding the constitutionality of charter schools.[19]

Cellphone bans

See also: How does Kentucky compare to other states on cellphone laws?

Kentucky is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.

Collective bargaining agreements

Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[20][21]

Kentucky school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

For example, although school boards in Kentucky may have the authority to set classroom size limits, the collective bargaining agreement between the Jefferson County Board of Education and the Jefferson County Teachers Association establishes specific class size limits.[22]

Parents' bill of rights

See also: How does Kentucky compare to other states on Parents' Bills of Rights?

Kentucky is one of 24 states that does not have a statewide Parents' Bill of Rights.


How does Kentucky compare to other states?

This section compares Kentucky's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

Book bans, removals, and restrictions

Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

  • Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
  • Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
  • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
  • Five states require school boards to establish local boards to review challenges to library books.
  • Two states require school boards to allow parents to view a catalogue of books.

Some states have adopted multiple types of these policies.

Discipline

  • School boards in 47 states have authority over disciplinary policy in their district.
  • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
  • Individual schools in one state create their own disciplinary policy.

School board elections

School boards' authority over the timing of school board elections varies by state.

  • School boards in 42 states do not have authority over election timing;
  • School boards in five states can choose from limited options when to hold school board elections;
  • School boards in two states can choose from a date range when to hold school board elections;
  • The school board in Hawaii is not elected.

The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

Charter schools

See also: Charter schools in the United States

Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

  • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
  • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
  • 3 states do not have laws governing charter school authorization.
  • 1 state allows school districts to apply to the state board of education to be a charter school district.

State cellphone laws

See also: State policies on cellphone use in K-12 public schools

In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[23]

Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


Parents' Bill of Rights

See also: Parents' Bill of Rights in education

If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

  • 26 states have enacted a statewide Parents' Bill of Rights
  • 24 states have not enacted a Parents' Bill of Rights.

Noteworthy events

See also: Overview of trends in K-12 curricula development
  • Kentucky Legislature overrides governor's veto of bill regarding local school boards' ability to waive state board of education regulations (2025): Both chambers of the Kentucky Legislature overrode Governor Andy Beshear's (D) veto of Senate Bill (SB) 207 on March 27, 2025, establishing a way for local school boards to request that the State Board of Education waive a statute or administrative regulation. The bill includes exceptions for what regulations or statutes school boards may apply to be waived and specifies that they can only waive statutes over which the State Board of Education has the authority to enforce.[24]
  • Kentucky governor signs bill to add civic education to state curriculum requirements (2024): Kentucky Governor Andy Beshear (D) signed a bill on April 9, 2024, to require students to complete a civic literacy course to graduate high school. The bill proposed requiring the civics course to include an overview of the founding of America's government, the U.S. and Kentucky Constitutions, and the role of state and local governments, among other provisions. The bill proposed providing the option for students to forgo the course in the event they score 70% or higher on a civics test with questions drawn from the test administered by the U.S. Citizenship and Immigration Services to immigrants seeking citizenship. The bill took effect with the entering ninth-grade class of the 2025-2026 school year.[25][26]
  • Kentucky gubernatorial candidates sign pledge opposing CRT (2023): Kentucky gubernatorial candidates Daniel Cameron (R), Kelly Knight Craft (R), and Ryan Quarles (R) signed 1776 Action's Parent Power Pledge. The pledge opposed the teaching of critical race theory in schools and said parents should have the ability to "review and influence both instructional materials and extracurricular activities."[27]
  • Kentucky lawmakers override governor's veto of anti-critical race theory bill (2022): The Kentucky legislature overrode Governor Andy Beshear's veto of Senate Bill 1 on April 13, 2022, a measure opponents have labeled an anti-critical race theory bill. The bill did not reference the term critical race theory but directed public schools to teach that "An individual, by virtue of the individual's race or sex, does not bear responsibility for actions committed by other members of the same race or sex," according to the bill's text. Governor Beshear had argued the bill would stifle important educational dialogue and vetoed the bill on April 6, but the legislature moved forward with the override, enacting the bill into law.[28][29]

See also

Footnotes

  1. ↑ Casetext.com, "Ky. Rev. Stat. § 160.160," accessed on January 23, 2025
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Casetext.com, "Ky. Rev. Stat. § 160.290," accessed on January 23, 2025
  4. ↑ Casetext.com, "Ky. Rev. Stat. § 160.290," accessed on January 23, 2025
  5. ↑ law.justia.com, "KY Rev Stat § 158," accessed on January 23, 2025
  6. ↑ law.justia.com, "KY Rev Stat § 158.190," accessed on January 23, 2025
  7. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
  8. ↑ Casetext.com, "Ky. Rev. Stat. § 160.345," accessed on January 23, 2025
  9. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
  10. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
  11. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
  12. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
  13. ↑ Legiscan, "Kentucky Senate Bill 150," accessed January 31, 2025
  14. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
  15. ↑ Casetext.com, "Ky. Rev. Stat. § 160.345," accessed on January 23, 2025
  16. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
  17. ↑ Casetext.com, "Ky. Rev. Stat. § 158.120," accessed on January 23, 2025
  18. ↑ Casetext.com, "Ky. Rev. Stat. § 160.1590," accessed on January 23, 2025
  19. ↑ National Alliance for Public Charter Schools, "Kentucky Charter Schools," accessed September 24, 2025
  20. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
  21. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
  22. ↑ Core Docs," 2018-26 Agreement between the Jefferson County Board of Education and the Jefferson County Teachers Association, accessed January 31, 2025
  23. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
  24. ↑ Kentucky Legislature, "Senate Bill 207," accessed April 9, 2025
  25. ↑ Forward Kentucky, "Civics Education Bill — something good from the KY Legislature?" April 10,2024
  26. ↑ Kentucky Legislature, "AN ACT relating to civic education." April 10, 2024
  27. ↑ Fox News, "Kentucky GOP governor candidates sign anti-CRT pledge, following education lead by Noem, Youngkin," accessed May 13, 2023
  28. ↑ CNN, "Kentucky governor vetoes bill incorporating ‘anti-critical race theory,’ calling it a step backward," April 7, 2022
  29. ↑ Legiscan, "KY SB1 | 2022." accessed on January 23, 2025
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