Donald W. Blevins, Jr., Fayette County Clerk
AGO OAG 18-18
No. OAG 18-018
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
November 19, 2018
Subject:
What may a potential candidate for election to a local school
board file in lieu of a high school transcript or equivalency
test results to satisfy the requirements of KRS
160.180(2)(e)?
Requested
by: Donald W. Blevins, Jr., Fayette County Clerk
Written
by: Taylor Payne, Assistant Attorney General
Syllabus:
KRS 160.180(2)(e) requires a potential candidate for election
to a local school board to provide a high school transcript
evidencing completion of courses through the twelfth grade.
Statutes
construed: KRS 160.180
OPINION OF THE ATTORNEY GENERAL
Donald
W. Blevins, Jr., Fayette County Clerk, has requested an
opinion of this office regarding what may be filed by a
potential candidate to a local school board in lieu of a high
school transcript or equivalency test results to satisfy the
requirements of KRS 160.180(2)(e). We advise that KRS
160.180(2)(e) requires a potential candidate for election to
a local school board to provide a high school transcript
demonstrating completion of courses through the twelfth
grade.
A
potential candidate for election to a local school board is
required to have "completed at least the twelfth grade
or . .. been issued a High School Equivalency
Diploma[.]" KRS 160.180(2)(c). During the 2018 Regular
Session, the legislature amended KRS 160.180, in part, adding
a subsection requiring that the candidate file with the
nominating petition "a transcript evidencing completion
of the twelfth grade or results of a twelfth grade
equivalency examination . .. ." S.B. 101, Ch. 105, Gen.
Assembly, 2018 Reg. Sess. (Ky. 2018). See also KRS
160.180(2)(e).
As a
result of this change to the requirements for filing for
election to a local school board, Blevins raises the issue in
the context of a situation in which a potential candidate
completed the twelfth grade, but no longer has a high school
transcript and...