Request By:
Dr. Susan K. Cook
1353 Hands Road
Fort Mitchell, Kentucky 41017
Opinion
Opinion By: Chris Gorman, Attorney General; Anne E. Keating, Assistant Attorney General
In your capacity as a member of the Kenton County School Board, you have requested an opinion from this office delineating the authority of the school board and the superintendent. You state that the local board has a central business office which the superintendent wishes to move to a new location. The move would involve personnel, equipment, and office supplies. As you point out, KRS 160.370 states that the superintendent has "general supervision, subject to the control of the board of education, of the general conduct of the schools, the course of instruction, the discipline of pupils, and the management of business affairs. " KRS 160.390 sets forth a list of duties of the superintendent, including, "personnel actions including hiring, assignments, transfer, dismissal, suspension, reinstatement, promotion, and demotion and reporting the actions to the local board. " In particular, you ask whether a move of the central business office requires school board approval.
It is the opinion of this office that board approval is required when the superintendent decides to move the central business office to a new location requiring substantial expenditure of school funds. The movement of the office is not, primarily, a personnel decision, but one involving the management of business affairs. While the superintendent has responsibility for the management of business affairs, that responsibility is subject to the control of the board of education. KRS 160.370. Moreover, the school board has control and management of all school funds and public school property of the district. KRS 160.290(1). The board also has authority to set school policy on use of school facilities. KRS 160.340(2)(c).
Therefore, to the extent that the move of a district school board's central office may require the expenditure of school funds, board approval is required. Depending on the steps taken, approval of the Department of Education may also be required. KRS 160.160(3) and (4).