Request By:
Dr. Bernie Carr, Division Director
School Based Decision Making
Kentucky Department of Education
Capital Plaza Tower
500 Mero Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Anne E. Keating, Assistant Attorney General
You have requested an opinion of the Attorney General regarding the interpretation of KRS 160.345(2)(j)5. concerning the council's authority to set policy on the use of school space. In particular you ask:
1. Does a school council have responsibility over a school parking lot where staff members park their vehicles, and where school children are dropped off?
2. Can a school council, generating their own funds, create a parking lot on the school campus, if they feel the existing parking lot is unsafe?
In answer to your first question, it is the opinion of this office that, within broad parameters set by the local school board on school property, KRS 160.345(2)(j)5. provides the council with the authority to set policies on the use of school property outside of the school as well as inside of the school during the school day. A school council may set limits concerning use of a school parking lot where staff members park their vehicles, and where school children are dropped off, e.g., to ensure the safety of children.
In answer to your second question, KRS 160.345(2)(c) and (2)(j)5. do not authorize a school council to create a parking lot on the school campus through private funding for reasons set forth below.
The responsibility of the school council for use of school space is one of many areas in which the council shall adopt policies. KRS 160.345(2)(c) requires each council to set school policy in general:
The school council shall have responsibility to set school policy which shall provide an environment to enhance the students' achievement and help the school meet the goals established by KRS 158.645 and 158.6451. The principal or head teacher shall be the primary administrator and the instructional leader of the school, and with the assistance of the total school staff shall administer the policies established by the school council and the local board.
KRS 160.345(2)(j) also authorizes each school council to set policies in specific areas, including use of school space during the school day and states, in part, in subparagraph 5:
The school council shall adopt a policy to be implemented by the principal in the following additional areas:
* * *
5. Determination of use of school space during the school day.
To determine the responsibility of a school council over the use of school property, it is also necessary to understand the responsibility of the local school board for school property. Local boards of education have statutory authority for "general control and management of the public schools in its district . . . ." KRS 160.290(1). That includes "control and management of all school funds and all public school property of its district . . . ." KRS 160.290(1). The board has the authority to make contracts, and to supervise school improvements. KRS 160.160. The board also is required to have regulations governing "[l]imitations or restrictions on use of school facilities." KRS 160.340(2)(c). The board's authority is acknowledged in KRS 160.345(2)(c) which requires the primary administrator and staff of the school to administer the policies established by the council and by the local board of education.
Therefore, the council's ability to set policies on the use of property that surrounds a particular school, depends on whether the board, which has ultimate responsibility for the management of school property and has control and management responsibility for school funds, has a regulation governing use of all school property in the district that would override the council's authority. In recognition of the board's overall authority, the General Assembly has allowed the board to delegate areas of responsibility to the council. KRS 160.345(4).
Nevertheless, the issue of use of school space outside of the school building during the school day is related to the broad responsibility of the council to provide an enhanced educational environment. Consequently, under the authority of KRS 160.345(2)(c) and (2)(j)5., the council may set policies on use of school space. The policies may set standards to be enforced by the school administrator and staff with regard to supervision of school parking lots unless the council policy is superseded by board regulations on use of school property within the entire district.
This office finds no authority under which the council, unilaterally, may create a parking lot on the school campus. While the council may set policy on the use of the property, the local school board has the responsibility to initiate construction. The steps involved in building a new parking lot may involve bidding, contracting, and purchasing requirements as well as changes to school improvement plans that must be approved by the Department of Education. KRS 45A.345-460, KRS 160.160, KRS 162.070, and KRS 424.260.