Could parents serve on Kentucky school-based decision-making council committees?

Plain-English summary

A school principal asked whether parents could serve on committees that made recommendations to a school-based decision-making council. The Attorney General concluded that local school board policy controlled parent participation on those committees. The statute expressly allowed certified staff to participate in committee work and specified who sat on the council itself, but it did not expressly decide whether parents could join the committees. Other provisions assigned local boards policy authority over school-based decision making and parent participation.

Currency note

This opinion was issued in 1992. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Parents and school councils

The opinion distinguished a committee that recommends matters to the council from the council itself. It described the council's statutory membership separately, including elected parents and teachers. For committee membership, it found no express parent rule and concluded that the local board could decide the question through its policy.

Local school boards and principals

The AG relied on provisions directing local policy to address matters not specified in the council-formation rules and parent, citizen, and community participation. It treated the legislature's delegation of policy details as the reason a board could determine whether parents participated on committees.

Common questions

Did the statute expressly require parents to sit on each council committee?

No. The AG said it expressly addressed certified staff participation, while leaving parent committee membership to local school board policy.

Was joining a committee the same as being elected to the school council?

No. The opinion separately described the council's limited membership and the committees that submitted recommendations for council consideration.

Who made the parent committee-membership decision under the opinion?

The local school board, through its policy for school-based decision making. The AG concluded that the statute delegated that question to local policy.

Background and statutory framework

KRS 160.345 described school councils, their committees, and local policy for school-based decision making. The AG read subsection (2)'s committee language alongside provisions for parent participation and the local board's policy role. It cited Young v. Willis for the principle that an agency may administer details within the legislature's stated policy. The opinion also described an alternative model requiring approval through state education authorities, but its answer concerned parent membership on ordinary council committees.

Citations and references

• KRS 160.345(2)(d) and (2)(e): certified staff committees and local-policy language considered by the AG.
• KRS 160.345(3) and (7): parent participation policy and the alternative-model process discussed in the opinion.
• Young v. Willis, 305 Ky. 201, 203 S.W.2d 5, 7 (1947): administrative discretion principle quoted by the AG.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_9f0a99ef-c2be-426f-ba0d-2224e2d3eb26/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_9f0a99ef-c2be-426f-ba0d-2224e2d3eb26

Original opinion text

OAG 92-57

April 9, 1992

Mr. Charles T. Metcalfe, Principal
Straub Elementary School
Maysville, Kentucky 41056
Dear Mr. Metcalfe:
You have asked this office for an opinion interpreting KRS 160.345 on the membership of council committees. As you point out, KRS 160.345(2)(d) authorizes all certified staff members to participate in school-based decision making, but does not mention parent participation in committees. Nevertheless, many parents are interested in participating in committees, which make recommendations to the council. It is the opinion of this office that whether parents may participate on school-based decision making council committees is a matter to be addressed by local school board policy. KRS 160.345(2) provides: a. All certified staff at a school may be participants in the school-based decision making. The staff shall divide into committees according to their areas of interest, such as, but not limited to, grouped grade levels, subject areas, and special programs. Each committee shall elect by a majority of the committee a chair, who shall serve for a term of one (1) year. The committee shall submit its recommendations to the school council for consideration. The membership of the council, itself, is limited to the principal or administrator, two parents elected by the largest parent organization, and three teachers elected by a majority of the teachers as set forth in KRS 160.345(2)(a)-(b) except where increased proportionately, or where an alternate model has been approved by the chief state school officer. KRS 160.345(2)(a), and (7). The language of subsections (2)(d) and (e) expressly allows participation by all certified staff in committees but does not expressly provide for membership of parents on the committees. Nevertheless, other language in the statute suggests that parental participation on committees is permissible. KRS 160.345(2)(e) states: The school council and each of its committees shall determine the frequency of and agenda for their meetings. Matters relating to formation of school councils that are not provided for by this section shall be addressed by local board policy.

Subsection (3) states, in part:
The policy adopted by the local board to implement school-based decision making shall also address the following:

b. Parent, citizen, and community participation including the relationship of the council with other groups; Subsection (7) states: A school that chooses to have school-based decision making but would like to be exempt from the administrative structure set forth by this section may develop a model for implementing school-based decision making including, but not limited to, a description of the membership, organization, duties, and responsibilities of a school council. The school shall submit the model through the local board of education to the chief state school officer and the State Board for Elementary and Secondary Education for approval. The application for approval of the model shall show evidence that it has been developed by representatives of the parents, students, certified personnel, and the administrators of the school and that two-thirds (2/3) of the faculty have agreed to the model. The Division of School-Based Decision Making in the Department of Education, which has statutory authority to develop sample guidelines to assist local boards in the development of their policies, has interpreted KRS 160.345(2) (e) to allow local boards of education to decide on whether parents may participate on school-based councils. KRS 160.345(6). It is the opinion of this office that KRS 160.345(3) and (2)(e) authorize the local board of education to set policy in this area. As the Court of Appeals stated, in 1947: In this modern age administrative boards and commissioners have become an essential part of our governmental structure. Agencies must of necessity be established through which the state must function, and such agencies must be given discretion in administering the law and promulgating detail rules and regulations. However, in the establishment of such administrative boards and agencies the legislature must establish the principles and policies, and leave to such agencies only the details of administration. Young v. Willis, 305 Ky. 201, 203 S.W.2d 5, 7 (1947). In the situation presented, the General Assembly delegated authority to the local school boards to administer school-based decision making through board policy, including the formation of school councils, to the extent that the structure is not defined. KRS 160.345(2)(e), (3)(e) and (4). In fact, where a school wishes to be totally exempt from the structure provided, the General Assembly has provided for an alternative approach by application and waiver to be obtained from the Department of Education. KRS 160.345(7). Where several sections of the statute focus on encouragement of participation by parents, as defined by the council, we conclude that whether parents may participate on committees of school-based councils is a matter of policy to be determined by the local school board. Sincerely, CHRIS GORMAN ATTORNEY GENERAL

Anne E. Keating
Assistant Attorney General