Kentucky. Dept. of Education.

School census reports were compiled by local superintendents and forwarded to the Superintendent for use in estimating the per capita distribution of the school fund.

The Department of Education oversees the administrative functions of the public common schools, vocational education, vocational rehabilitation, the Kentucky School for the Blind, the Kentucky School for the Deaf, and the general powers and functions relating to state vocational schools and area vocational educational centers. The department also supervises educational television and other educational functions as spelled out in KRS Chapters 156-168.

The department consists of the Superintendent of Public Instruciton, who is the executive officer of the department, the Office of Instruction, the Office of Education for Exceptional Children, the Office of Local Services, the Office of Vocational Education, the Office of Vocational Rehabilitation, the Office of Budget Management, the Office of Administrative Services, the Office of Resource Management, the Office of Research and Planning, the State Board for Vocational-Technical, Adult Education and Vocational Rehabilitaiton Services, and the State Board of Education.

In 1830, the General Assembly established a uniform system of public schools to "encourage the general diffusion of education." The county courts were to define local school districts for the purpose of establishing public schools. Annually, the residents of each district elected three school commissioners. The commissioners received money collected by the district collector to pay teachers; conducted meetings of the school district; and made an annual report to the clerk of the county court stating the amount of money received in the district, the number of children taught, and how the money was spent. The inhabitants of the district were to select a site for the purchase or lease of a school house (Acts, ch. 387, sec. 1-6.).

The 1830 system was superseded in 1837 by a common school fund which was established for public instruction of free white inhabitants (Acts, ch. 452, sec. 9). Money was placed under the direction and control of the commissioners of the Sinking Fund.

An act establishing a system of common schools in the state was approved by the General Assembly in 1838. This act also established the Board of Education and the Office of the Superintendent of Public Instruction (Acts, ch. 898, sec. 1).

In 1839, the number of commissioners in each county was reduced from five to three (Acts, ch. 1424, sec. 1). In 1842, the county commissioners were given the power to appoint three examiners in the county, all professional teachers, to examine and certify teachers (Acts, ch. 376, sec. 2). The superintendent of common schools was to spend at least eight months of each year traveling through the state and lecturing upon the subject of common schools (Acts, ch. 376, sec. 7). The Constitution of 1850 changed the office of the superintendent of public instruction from appointive to elective for a four year term (Art. XI, sec. 2).

In 1874, the General Assembly established a uniform system of common schools for "colored" children. The "colored" fund was kept separate from the common school fund for white school children (KRS, 1877). The act was repealed in 1966 (Acts, ch. 184, sec. 8).

The Department of Education was not created by statute, but evolved into a separate executive department. By 1876, in his address to the General Assembly, Governor James B. McCreary mentioned the Department of Education as "one of the co-ordinate departments of State Government..."

In 1912, the Superintendent of Public Instruction was authorized to act as special state inspector and examiner of all schools receiving funds from the state. The fiscal managment and conduct of the office of all school officials, whose duty it was to receive, handle, or disburse the public school funds, was to be investigated.

In 1920, the governor appointed a commission of five persons to make a survey of the public educational system of the state, to determine the system's efficiency, and to report its findings and recommendations, to the governor (Acts, ch. 35, sec. 1).

The following divisions made up the State Department of Education in 1924: the Office of Superintendent of Public Instruction, Division of Statistics, School Records and Reports, Division of Inspection and Accounting, Division of Certification and Examiniation, Division of Rural School Supervision, Division of High School Supervision, Division of Negro Education, and the Division of Vocational Education.

In 1934, in an effort to reorganize state government for better service and economy, the General Assembly abolished the Board of Trustees of Kentucky College for Colored Persons, the Vocational Education Board, the Kentucky Educational Commission, and the Board of Trustees of West Kentucky Industrial College in the Department of Education. The Department of Education was given management and control of the institutions of higher education for negroes, the University of Kentucky, the Eastern Kentucky State Teachers College, the Western Kentucky State Teachers College, the Morehead State Teachers College, the Murray State Teachers College, the Board of Commissioners of the Kentucky School for the Deaf, Board of Visitors for the Blind, and the State Textbook Commission (Acts, ch. 155, Art. IX).

In 1952, the Department of Education's administrative function expanded in relation to the management and control of the public common schools, of vocational education and rehabilitaiton of West Kentucky Vocation School, and the Kentucky School for the Blind. The Board of Commissioners of the Kentucky School for the Deaf and the State Textbook Commission were included in the Department of Education and constituted divisions, but continued to exercise all functions conferred by law (Acts, ch. 41, sec. 1). The General Assembly repealed all statutes that made the University of Kentucky, Eastern Kentucky State College, Western Kentucky State College, Murray State College, and Morehead State College divisions within the Department of Education (Acts, ch. 28, sec. 3).

In 1956, the General Assembly gave the Superintendent of Public Instruction, under regulations of the State Board of Education, the power to classify teachers in rank (Acts, ch. 106, sec. 4). The legislature also established the public school foundation program fund which consisted of appropriations for distribution to districts. The amount of money was determined by subtracting the required local tax effort from the total foundation program allotment for the district (Acts, ch. 106, sec. 1 and 5).

In 1968, the State Board of Education and the State Department of Education were required by statute to meet all required federal and state standards relating to facilities and personnel qualifications.

In 1982, the Department of Education consisted of the Superintendent of Public Instruction, the Bureau of Instruction, the Bureau of Education for Exceptional Children, the Bureau of Administration and Finance for Local School Districts, the Bureau of Vocational Education, the Bureau of Rehabilitation Services, and the State Board of Education. The Kentucky School for the Blind Advisory Board, the Kentucky School for the Deaf Advisory Board, and the State Textbook Commission were also included in the Department of Education and constitute divisions, but each continue to exercise all the functions conferred upon it by law (Acts, ch. 381, sec. 1).

In 1986, the Department of Education consisted of the Superintendent of Public Instruction, the Office of Instruction, the Office of Education for Exceptional Children, the Office of Local Services, the Office of Vocational Education, the Office of Vocational Rehabilitation, the Office of Budget and Management, the Office of Legal Services, the Office of Personnel Management, the Office of Administrative Services, the Office of Resource Management, the Office of Federal Programs, the Office of Research and Planning, and the State Board of Education (Acts, ch. 128, sec. 1).

In a landmark decision on June 8, 1989, the Kentucky Supreme Court ruled the public school system unconstitutional because it was underfunded, inadequate, and unequal (88-SC-804-TG). The lawsuit that led to the decision was filed in 1985 by former Govornor Bert. T. Combs for sixty-six poor school districts, known as The Council for Better Educaton. The Supreme Court ruled that poor school disricts do not provide an education equal to that offered by affluent districts. The court directed the General Assembly to build a new educational system to give all students an efficient system of common schools throughout the state and adequate financing for every school district.

According to the Kentucky Supreme Court decision, the 1990 General Assembly was faced with building a new school system in which funding was increased while eliminating disparities between districts. Governor Wallace Wilkinson and legislative leaders agreed to a formula in which the state would guarantee revenue for each student, adjusted for inflation, and add more money in districts with more poor chidren, higher transporation costs, or students in special-education programs. In addition, the equivalent of thirty cents for each $100 of assessed property valuation would be required of every district, raised through property, utility, occupational, motor vehicle, income or insurance premium taxes. Local school boards could also increase the local funding level by a maximum fifteen percent over the state guarantee without a referendum.

School districts were entitled to a proportion of the state school fund for each school year. If a school district did not ask for its pro rate share, funds were placed in the state treasury for the district's use at a future time. Districts could call for their share at anytime in the future.

The State Board of Education sets standards and is legally responsible for approving school in the state. After gaining approval from the board, schools were encouraged to gain "accredited" relations with the State College Association, later known as the Kentucky Association of Colleges, Secondary, and Elementary School. Acting through its Accrediting Commission, the association prepared certain regulations which must be met before their work would be recognized by colleges of the association. The regulations applied to both public and private schools.

This fund was maintained with fees collected from entrants taking the teachers' examination; and fees for the issuance, renewal, or validation of teachers' certificates. The county superintendent paid the examiners with a portion of the monies collected. The remainder went to the Superintendent of Public Instruction to defray the operating expenses of the Division of Certification.

The Superintendent of Public Instruction is elected by the people every four years as the executive director of the Department of Education and the executive officer of the Kentucky State Board of Education. The superintendent is responsible under KRS Chapters 156.

Annually, the superintendent prepares and publishes a list of all public and private high schools in the state, including the classification of each. Bulletins, programs, and courses of study are also prepared and published by the superintendent to promote the interests of public schools, vocational education, and vocational rehabilitation. Biennially, the superintendent prepares and publishes the state's complete school laws and explains the intent and meaning of these laws and the published rules and regulations of the State Board of Education. The superintendent is also responsible for preparing the biennial report of the Department of Education and submitting it to the governor and the General Assembly. The superintendent has the power to examine and supervise reports, expenditures, business methods, and accounts of local boards of education and educational institutions in the state.

The superintendent has the power to access the education records of public school personnel, conduct examinations and compel attendance of witnesses pertaining to the public schools, and report violations of any district, state school fund, or state school official. Upon request, the superintendent may render advice on any controversy or dispute involving proper administration of public schools.

The superintendent is responsible for informing local boards of availability of federal funds for exceptional children, taking a special school census in any school district he believes has not been accurately reported, and calling school conferences on matters relating to the condition, need, and improvement of schools. The duties of the superintendent also include securing the price contract agreements for the purchase of school buses, assuring that school buses meet the standards and specifications of the State Board of Education, and making information available to district boards of education on established price agreements.

The appointment of the Superintendent of Public Instruction was made possible by the passage of the general law establishing a system of common schools in 1838 (Acts, ch. 898, sec. 1). This act legislated a State Board of Education, Superintendent of Public Instruction, and Commissioners of Education for each county. The superintendent was appointed by the governor for a term of two years and duties consisted of preparing and submitting an annual report to the General Assembly, preparing forms and regulations for making all reports, conducting proceedings and instructions for the organization and government of the common schools, and distributing money among the school districts. In 1842, the superintendent was assigned the duty of spending at least eight months of each year traveling through the state and lecturing upon the subject of common schools (Acts, ch. 376, sec. 7).

In 1851, the Kentucky Constitution changed the office of Superintendent of Public Instruction from appointive to elective for a term of four years (Art. XI, sec. 2).

The General Assembly created an eleven member Educational Commission in 1908. The superintendent served as the commission's ex-officio chair (Acts, ch. 65, sec. 1 and 4). In 1912, the Superintendent of Public Instruction was authorized to act as special state inspector and examiner of all schools receiving funds from the state. The superintendent was to investigate the fiscal management and conduct of the office of all school officials, whose duty it was to receive, handle, or disburse the public school funds (Acts, ch. 13, sec. 1 and 3). The superintendent was also made part of a six member Vocational Education Board in 1918 (Acts, ch. 7, sec. 1, 3, and 4).

The superintendent, by 1924, was part of the Department of Education which was reorganized by a 1924 act of the General Assembly (Acts, ch. 58, sec. 4384-4388). In addition to the superintendent's other duties, he was to publish the regulations for the plans and sanitary and protective construction of public school buildings. Regulations governing the educational and physical equipment of school buildings and classrooms, the accreditation of schools, and the certification of public school employees were to be prepared and published by the superintendent. Also, lists of subjects to be taught and the minimum courses of study for all public schools were to be prepared by the superintendent. These sections were repealed in 1934 (Acts, ch. 65).

Sweeping changes and additions to the duties of the Superintendent of Public Instruction were made in the acts of the 1934. The superintendent was appointed as member and ex-officio chair of the newly created State Board of Education. The duty of the superintendent, under the direction of the State Board of Education, was to execute the educational policies decided on by the board and to direct the work of all persons engaged in the administration of the common schools (Acts, ch. 65, Art. III, sec. 3). A reorganization of the Department of Education also established an Assistant Superintendent of Public Instruction, appointed by the superintendent, to act in the absence of the superintendent (Acts, ch. 65, Art. IV, sec. 6).

The superintendent was also made responsible for the general supervision of all employees of the department and appointments and dismissals of division heads and employees of the State Department of Education. Dismissal of division heads and other professional staff members was to be approved by the State Board of Education (Acts, ch. 65, Art. IV, sec. 7). This act was repealed in 1956 (1st Ex. Sec. ch. 7, Art. II, sec. 3).

In 1934, the superintendent was allowed to attend educational conferences within or without the state for the purpose of keeping informed with progressive educational policies and practices (Acts, ch. 65, Art. IV, sec. 10). He was also assigned the duty of taking a special school census in any school district, if he believed the census was not accurately reported (Acts, ch. 65, Art. IV, sec. 22). The superintendent was given the duty of calling and conducting conferences of boards of education, public school employees, and officials on matters relating to the condition, need and improvement of the schools in the state (Acts, ch. 65, Art. IV, sec. 16).

The superintendent was allowed access to the education records of all teachers and public school personnel in 1934. He was also permitted to examine witnesses under oath in matters pertaining to the public schools and render advice on any controversy involving proper administration of public schools (Acts, ch. 65, Art. IV, sec. 12).

Beginning in 1934, the superintendent was to prepare and publish a list of all public and private high schools, showing the classification of each. He was also responsible for preparing and publishing bulletins, programs, and courses of study useful in the promotion of the interests of the public schools, as well as rules, regulations, minumum standards for schools, and educational policies or programs adopted by the boards and the complete school (Acts, ch. 65, Art. IV, sec. 11, 19, and 31). He was also responsible for preparing the biennial report of the Department of Education for submitting to the governor and to the General Assembly (Acts, ch. 65, Art. IV, sec. 20). In 1956, the superintendent, under regulations of the State Board of Education, was given the power to classify teachers in rank (Acts, ch. 106, sec. 4).

In 1980, the superintendent was allowed to enter into agreement to train workers for new manufacturing jobs in new or expanding industries, subject to review and approval by the State Board of Education (Acts, ch. 95, sec. 1).

In a landmark decision on June 8, 1989, the Kentucky Supreme Court ruled the public school system unconstitutional because it was underfunded, inadequate, and unequal (88-SC-804-TG). The lawsuit that led to the decision was filed in 1985 by former Governor Bert. T. Combs for sixty-six poor school districts, known as The Council for Better Education. The court ruled that poor school districts do not provide an education equal to that offered by affluent districts. The court directed the General Assembly to build a new educational system to give all students an efficient system of common schools throughout the state and adequate financing for every school district.

The Office of the Superintendent of Public Instruction was also affected by the Kentucky Supreme Court decision. The 1990 General Assembly decided, in its Education Reform Act, that the superintendent was to operate as the chief state school officer until the close of business on December 31, 1990. At which time, all duties presently assigned will be removed. Moreover, the superintendent's salary is reduced to $3,000 annually, effective January 6, 1992 (sec. 40).