Request By:
Ms. Patricia Todd Thomas
General Counsel to the Board of Education of Fayette a County
Fayette County Public Schools
701 East Main Street
Lexington, Kentucky 40502-1699
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Anne E. Keating, Assistant Attorney General
On behalf of the Board of Education of Fayette County, you requested an Opinion of this Office interpreting KRS 161.770 on Leaves of Absence. In particular, you ask whether the request of a teacher or superintendent for leave lasting two (2) consecutive calendar years but spanning three consecutive school years, may be granted under the law. For example, you ask whether the leave may encompass the last month of the 1988-89 school year, the entire 1989-91 school year and two months leave in the beginning of the 1990-91 school year. You note that KRS 158.782(2)(e) provides that the Kentucky Distinguished Educator shall be granted professional leave under KRS 160.770 and that the leave may exceed 2 years, if determined necessary by the state board.
It is the opinion of this Office that KRS 161.770(1) authorizes a local board of education to grant a leave of absence, for the purposes sett forth in the statute, lasting no more than two consecutive school years. Thus, the board is not authorized to grant a leave of absence spanning three consecutive school years. The board is allowed, however, to renew the leave upon request.
KRS 160.770 (1) states:
Upon written request of a teacher or superintendent, a board of education may grant a leave of absence for a period of not more than two (2) consecutive school years for educational or professional purposes, and shall grant such leave where illness, maternity, adoption of a child or children, or other disability is the reason for the request. Upon subsequent request, such leave may be renewed by the board. . . .
(Emphasis added.)
Chapter 158 of the Kentucky Revised Statutes establishes standards on the conduct of schools, and on special programs. KRS 158.050 defines "school year" as beginning on July 1, and ending June 30. This standard applies to every education statute which refers to "school year" unless that statute otherwise defines the term. Accordingly, when KRS 161.770(1) authorizes a leave of absence for not more than "two (2) consecutive school years," that period of time encompasses two consecutive time periods beginning on July 1 and ending on June 30. Therefore, it is our opinion that this language does not authorize the granting of a leave of absence that spans three consecutive school years, although the leave may only last two consecutive calendar years.
On the other hand, however, the General Assembly provided the board with discretion to grant relief beyond two consecutive school years by including the language, "Upon subsequent request, such leave may be renewed by the board. . . ." Thus, the language of this statute authorizes the board to renew a leave of absence even if the original leave spanned two consecutive school years.
Examination of the statute on the Kentucky Distinguished Educator Program does not change our opinion on this matter. That statute, KRS 158.782(2)(e), states in pertinent part:
The Kentucky distinguished educator shall be granted professional leave pursuant to KRS 161.770 though the time may exceed two (2) years if determined by the state board to be necessary.
(Emphasis added.)
The leave authorized in KRS 158.782(2)(e) for distinguished educators is authorized pursuant to KRS 161.770 . Even though KRS 158.782(2)(e) speaks in terms of "two (2) years" and not in terms of "two (2) consecutive school years," it is our opinion that, by relying on the authorization for leave in KRS 161.770, the statute must be read to mean "two (2) consecutive school years."
In conclusion, both KRS 161.770 and KRS 158.782(2)(e) provide for the granting of a leave for a period of not more than two consecutive school years; however, both statutes authorize renewal of a leave of absence, upon approval.