Request By:
Stephen B. Neal, Executive Director
Jefferson County Teachers Association
Opinion
Opinion By: Albert B. Chandler, III, Attorney General; Jennifer L. Carrico, Assistant Attorney General
Opinion of the Attorney General
The opinion of the Attorney General is requested on the following issue:
Could a school board or school superintendent grant a teacher's or an administrator's request for leave of absence when the basis for the request is something other than the list of reasons specified in KRS 161.770? Specifically, may a school board or a superintendent grant a teacher's or an administrator's request for a general leave?
ANALYSIS
Chapter 160 of the Kentucky Revised Statutes establishes the general powers and duties of school boards. Cf. Smith v. Bd of Ed., 94 S.W.2d 321 (1936); Knott County Board of Education v. Martin, 76 S.W.2d 601 (1934) (school boards have only those powers granted to them by the Kentucky General Assembly). Under KRS 160.290, school boards exercise all powers "prescribed by law" in the administration of the public school system, and each school board controls and manages the public schools within its district. Id. At the direction of school boards, school superintendents are "responsible for all personnel actions including hiring, assignments, transfer, dismissal, suspension, reinstatement, promotion, demotion and reporting actions to the local board." Id. KRS 160.390.
Chapter 161 of the Kentucky Revised Statutes specifically identifies the circumstances under which boards may grant an unpaid leave of absence. Section 770 of that chapter provides that school boards may grant an unpaid leave of absence "for a period of not more than two (2) consecutive school years" upon written request of a teacher or superintendent. KRS 161.770. Leaves of absence may be granted under this statute specifically "for education or professional purposes," and where "illness, maternity, adoption of a child or children, or other disability is the reason for the request." Id.
Courts interpreting legislative enactments give the words of a statute their clear and unambiguous meaning. Manning v. Kentucky Bd. of Dentistry, Ky.Ap., 657 S.W.2d 584 (1983). When the legislature enumerates specific items in a statute, all items not enumerated are excluded. Smith v. Wedding, Ky., 303 S.W.2d 322 (1957). This means that where general designations follow or precede specific designations, the general designations are presumed restricted by the specific. Steinfeld v. Jefferson County Fiscal Court, Ky., 229 S.W.2d 319 (1950). In short, specific language prevails over general. Anderson v. Mills, 664 F.2d 600 (1981).
The General Assembly gave school boards general authority to control and manage public schools in their school districts. KRS 160.290. However, the General Assembly specifically limited that authority in KRS 161.770 governing unpaid leave time. As described above, KRS 161.770 provides that an unpaid leave of absence may be granted only for education or professional purposes, or where illness, maternity, adoption of a child or children, or other disability is the reason for the request. Id. This statutory framework limits a school board's authority to grant an unpaid leave of absence to the express situations identified in the statute. For example, although a school board may not grant "general leave" or leave to "explore other career paths," it may grant an unpaid leave of absence for rest or recuperation upon determining that rest or recuperation is the required treatment for an illness or disability. Similarly, the board may grant an unpaid leave of absence for independent study if the board determines the independent study meets an educational or professional purpose.
CONCLUSION
Kentucky school boards are creatures of statute and therefore have only the authority given them by the Kentucky General Assembly. The General Assembly has specifically defined the reasons for which school boards may authorize an unpaid leave of absence. Those reasons are limited to educational or professional purposes, illness, maternity, adoption of a child, or other disability. This means that school boards may grant an unpaid leave of absence only if it determines that the leave of absence falls within one or more of these statutory categories.