New Kentucky Board of Education?

According to statute, terms of service for the majority of the 11 members of the Kentucky Board of Education expired in April. However, Governor Steve Beshear has yet to name the seven replacements.

The governor could rename existing members or select new faces. The character of the board could change radically as a result.

Kentucky Public Radio’s Tony McVeigh discusses the issues in a recent text and linked audio podcast here.

Although statute says most of the current board’s members’ terms have expired, they are continuing to serve until replaced based on a Kentucky Attorney General’s opinion [1991 WL 533812 (Ky. A.G.)] that dates back to 1991. That opinion actually concerns another type of board vacancy for a local planning and zoning commission and actually draws from a legal opinion from South Carolina, as no Kentucky case law seems to exist in this area.

The Attorney General’s opinion has not been examined by a Kentucky court.