213 S.W.2d 452 | Ky. Ct. App. | 1948
Reversing.
This is a controversy between the Board of Education of Lebanon and the Board of Education of Marion County. Members of the former Board filed suit for a *98 declaration of rights to have determined whether or not certain territory previously a part of the Marion County school district is now a part of the Lebanon independent school district. The Court adjudged that this territory had become a part of the Lebanon district when annexed by that city (one of the fourth class) on January 1, 1948.
The question presented is one of law and involves the construction of statutes relating to school districts.
Under our statutes, counties are the principal school district units. KRS
KRS
KRS
The city of Lebanon by proper proceedings under KRS
It is conceded by both parties that under the statutes enacted in 1920 pertaining to this subject matter, *99 the annexation of additional territory by a city would automatically extend the boundaries of the city's school district. This was clearly provided for in Chapter 14, Acts of 1920, section 3587a-1, Carroll's Kentucky Statutes, 1930 Edition. Section 1 of Chapter 14 then provided in part: (Our italics.) "Each city of the fourth class in this state, together with the territory now within its limits, including any territory which has heretofore been added for school purposes outside the limits of said city and any territorywhich may be in the future included by any change in the limitsof such cities, or such territory as may be added in the manner as hereinafter set out in section XXXI, shall be and constitute a single school district, * * *."
Section 31 of this same act provided a method by which fourth class cities could extend the boundaries for school purposes "beyond the city limits."
In 1934 the legislature completely revised and codified the laws relating to public education. Chapter 65, Kentucky Acts 1934. The section defining independent school districts contained substantially the language above italicized. The 1934 Act, however, did not include any other method for the extension of independent school district boundaries.
In 1940, the legislature authorized independent school districts to annex county sub-districts or parts thereof "lying adjacent to" the independent district. (Acts 1940, c. 70.) Section 4399-4b, Carroll's Kentucky Statutes, Feb. 1941 Supp. This section was substantially the same as KRS
In 1942 the Kentucky Revised Statutes were enacted. In the definition of independent school districts, (KRS
Deletion of the language from the independent school district definition was in part attributable to the opinion of the Statute Revision Commission that the law *100
which effected an automatic extension of independent city school districts along with the extension of city boundaries had been repealed by implication when the 1940 amendment (KRS
It is argued on behalf of the county district that the change in the law was made to prevent the disruption of the school system by changes in city limits; to protect county district units from flank attacks on their financial structure; and to give the people directly affected an opportunity to vote on the proposed changes in the local school situation. On the other hand, the Lebanon district insists that if the present statute does not clearly provide for the automatic extension of school district limits with the extension of the city limits, there is a doubt or ambiguity in the law, and under KRS
While the problem is not free from difficulty it is our opinion that the law as it now stands does not permit the annexation of additional territory by independent school districts except as specially provided in KRS
The Lebanon district argues that the present statute, KRS
KRS
Beginning with, and since 1934, the legislature has enacted numerous amendments to the school laws aimed at a unification of the entire system. In this connection the Superintendent of Public Instruction has been given closer supervision of the changes in school district boundaries. Before giving his approval for a change under KRS
Admittedly there are reasons why an independent school district boundary should be co-extensive with the city limits, whether they are enlarged or reduced. However, the fundamental school system unit is the county district (KRS
There is one other statute which merits consideration. Under KRS
It is also significant that the legislature has not seen fit in six years and three regular legislative sessions to change the law enacted in the 1942 revision which did away with language effecting automatic extension of independent district boundaries.
The lower Court in its opinion pointed out certain practical difficulties which might develop if the city and district boundaries were different. It is true that such difficulties may be encountered and the present school system is far from perfect. However, we believe the legislature has shown a clear intention to abolish the haphazard changing of school district boundaries by providing specific methods in which all interested parties participate.
It is our conclusion that KRS
For the reasons stated, the judgment is reversed for proceedings consistent herewith. *103