Request By:
Mr. Raymond Barber
Superintendent of Public Instruction
Department of Education
Frankfort, Kentucky
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Robert L. Chenoweth, Assistant Deputy Attorney General and Chief Counsel
You have asked the Office of the Attorney General to answer several questions regarding the use of out-of-district funds as set forth in KRS 158.135. The questions presented by you are as follows:
1. Is the use of out-of-district funds appropriated for the purposes enumerated in KRS 158.135 restricted to state operated institutions or state operated day treatment centers?
2. If appropriations of out-of-district funds are not restricted to state operated institutions or state operated day treatment centers, may out-of-district appropriations be used in accordance with the purposes enumerated in KRS 158.135 to support local school district operated institutions or day treatment centers administered and operated on a contractual basis with the state through the Cabinet for Human Resources?
3. If appropriations of out-of-district funds are not restricted to state operated institutions or state operated day treatment centers, may out-of-district appropriations be used in accordance with the purposes enumerated in KRS 158.135 to support institutions or day treatment centers administered and operated by private or public profit or non-profit agencies operated on a contractual basis with the state through the Cabinet for Human Resources such as Family Service Organizations or Comprehensive Care Centers?
Because we are of the opinion the answer to your first question is in the affirmative, your second and third questions become moot.
In support of our conclusion that the use of out-of-district funds enumerated in KRS 158.135 is restricted to children located in state operated institutions or state operated day treatment centers, we feel it is unnecessary to go beyond the words of the statute itself. Subsection (1) of this statute defines "out-of-district children" as being "those children of school age located in a state-operated institution or state-operated day treatment center. " (Emphasis ours). Also, subsection (4) requires a local school district to report to you, as Superintendent of Public Instruction, such information as you may require concerning school services for out-of-district children, and a copy of such annual report to you is to be filed "with the state agency operating the institution or day treatment center in which the children are located . . ." (Emphasis ours). A court has a duty to construe statutes literally if it is reasonably possible to do so. See
Barrett v. Stephany, 510 S.W.2d 524 (1974). Also, see KRS 446.080 on the construction of statutes. This office has the same responsibility in providing formal opinions pursuant to KRS 15.025.
Thus, we believe it is clear from the words of the statute that local school districts are entitled to receive the specially appropriated funds earmarked for out-of-district children under KRS 158.135 when the school district is providing educational services to those children located in a state operated institution or day treatment center. The legislative evolution of KRS 158.135 is such that it cannot be reasonably concluded that children located in institutions, public or private, under contract with a state agency come within the narrow scope of the definition of "out-of-district children." See 1976 Kentucky Acts, Senate Bill 173 and 1978 Kentucky Acts, House Bill 578 and note OAG 74-630.
We trust the above information will be of assistance to you. If you have further questions concerning this matter, please contact us.