Kentucky lawmakers limited JCPS' board authority. Now, the school board is suing.

Diane Porter, right, chair of Jefferson County Public Schools Board of Education, and superintendent Marty Pollio listened as speakers gave their opinions on the proposed overhaul of the student assignment plan at the Vanhoose Education Center in Louisville, Ky. on June 1, 2022.  The board voted unanimously to approve a new plan.
Diane Porter, right, chair of Jefferson County Public Schools Board of Education, and superintendent Marty Pollio listened as speakers gave their opinions on the proposed overhaul of the student assignment plan at the Vanhoose Education Center in Louisville, Ky. on June 1, 2022. The board voted unanimously to approve a new plan.

LOUISVILLE, Ky. — The school board of Kentucky's largest school district is suing over a new law limiting its authority.

Jefferson County's board of education announced Monday afternoon it filed a lawsuit against state Education Commissioner Jason Glass in Jefferson County Circuit Court to block pieces of Senate Bill 1.

Senate Bill 1, an omnibus education measure, targets the seven-member locally elected school board by shifting additional authority from the board to Superintendent Marty Pollio and limiting how often the board can meet.

“The elected board of the largest school district in the state should not be subject to special and significant legislative overreach that restricts our ability to uphold our constitutional oaths of office,” board chairwoman Diane Porter said in a statement.

“The taxpayers of Jefferson County deserve to have elected school board members overseeing their schools in the same way as every other Kentucky school district. It’s unfortunate that we are forced to turn to the courts to right the wrongs the Kentucky Legislature has enacted against this board, the citizens, and students that we represent," she continued.

Background: GOP lawmakers take aim at JCPS board, limiting powers

Under SB 1, JCPS' superintendent would get power over "day-to-day operations and implementation of the board-approved strategic plan in a manner that promotes the efficient, timely operation of the district."

That may include "pupil transportation, personnel matters, and the organizational structure of administrative staff," along with related contracts. Superintendents would be able to approve any contracts less than $250,000 without board consent — up from the current rate of $20,000.

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Board members would be able to override Pollio's decisions with a two-thirds vote, up from the simple majority threshold currently used. SB 1 also limits the JCPS board to meeting once every four weeks.

Gov. Andy Beshear previously vetoed SB 1, in part, because it "unfairly singles out" the JCPS board.

In the lawsuit, attorneys for the JCPS board agreed, saying laws targeting particular individuals in a particular locale violate the Kentucky Constitution. State lawmakers often use language to target bills to apply only to a "county school district in a county with a consolidated local government." JCPS is the only such district.

War on JCPS? Kentucky's largest district continues to be a target for GOP lawmakers

The board sued Glass because he would be tasked with forwarding infractions of the law to local prosecutors.

Toni Konz Tatman, a spokeswoman for the Kentucky Department of Education, said Glass is reviewing the lawsuit.

"Dr. Glass values and encourages strong and accountable leadership at all levels of public school management and honors the requirements set forth in the Kentucky Constitution," she continued, adding "the JCBE presents a question that deserves review by the judicial branch." 

Monday's announcement comes a day before the filing deadline to run for school board seats in November. With a day left to file, all four incumbents up for reelection — Porter, Corrie Shull, James Craig and Linda Duncan — are slated to face at least one challenger.

This story may be updated.

Reach Olivia Krauth at okrauth@courierjournal.com and on Twitter at @oliviakrauth

This article originally appeared on Louisville Courier Journal: Jefferson County, KY school board sues over law limiting its authority