Request By:
Mr. Wallace J. Coomer
Superintendent
Adair County Schools
Columbia, Kentucky 42728
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
You have asked the Office of the Attorney General for an opinion on the following two questions.
1. Is it legal for a board of education to employ a coach as athletic director for a high school?
2. Can the board of education legally employ a person as athletic director without the recommendation of the superintendent?
We are aware of no law which would prohibit a local school board from employing a coach or other teacher as athletic director for a high school. Any extra compensation for the duties performed and responsibility held by an athletic director would have to come from local school money. It is our opinion that an athletic director would be an administrator for purposes of KRS 161.765, copy attached, the so-called Fair Demotion Law. See the definition of "administrator" found at KRS 161.720(8), copy attached.
Concerning your second question, it has been the position of this office that a local board of education may create and dispose of administrative positions without a recommendation of the superintendent. See OAG 76-118 and OAG 73-378, copies attached. However, when an administrative position is created, it is the responsibility of the superintendent to recommend an individual to that position. KRS 160.380. Position assignment is not a part of a teacher's contract and requires the recommendation of the superintendent. See Snapp v. Deskins, Ky., 450 S.W.2d 246 (1970), copy attached.