Request By:
E. Joy Arnold
Director, Legal Services
Kentucky Education Association
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Jennifer Carrico, Assistant Attorney General
OPINION OF THE ATTORNEY GENERAL
The Kentucky Education Association requests the opinion of the Attorney General on the following questions regarding KRS 160.352(3)(a):
Does the language "elected by the teachers in the district;" permit the local Board of Education or its agent to restrict nomination to the ballot to nominations by each school, limited to nominations from that faculty?
Does the same language permit the division of the district into sections for the purpose of electing a teacher from each division to be on the ballot?
As the teachers are to elect their representatives to the superintendent selection committee, does that not include the responsibility for teachers to establish election procedures and conduct the election?
SUMMARY
Although local school boards must establish rules and procedures governing superintendent selection committees, they are not authorized by Kentucky law to establish rules and procedures governing the election of teacher representatives to those committees.
ANALYSIS
The authority of local boards of education is established by statute. Chapter 160 of the Kentucky Revised Statutes provides that each board of education is a "body politic and corporate with perpetual succession." Id. The broad authority of school boards is described by statute as follows:
1. A screening committee shall be composed of:
a. Two (2) teachers, elected by the teachers in the district;
b. One (1) board of education member, appointed by the board chairman;
c. One (1) principal, elected by the principals in the district;
d. One (1) parent, elected by the presidents of the parent-teacher organizations of the schools in the district; [and]
e. One (1) classified employee, elected by the classified employees in the district . . . .