Could a Kentucky teacher vote in both teacher and parent school council elections?

Plain-English summary

In 1993, Kentucky's Attorney General said a teacher who was also a parent could vote for both teacher and parent representatives to school-based decision-making councils. The teacher could cast a teacher ballot at the school where they worked and a parent ballot at the school their child attended. The AG reached the same result if the teacher worked at the child's school, so the two ballots concerned one council.

The opinion separated the right to vote from eligibility to serve. It said the teacher-parent could not serve as a parent representative on a council in the district that employed them, but the statute did not similarly bar their vote for parent representatives.

Currency note

This opinion was issued in 1993. 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

Teachers whose children attended another school

The AG concluded that a teacher assigned to School A could vote for teacher representatives there and, as a parent, vote for parent representatives at School B, where the teacher's child attended. The opinion said the law did not exclude district employees from the parents eligible to vote.

Teachers whose children attended their own school

The AG acknowledged that voting in both elections would give one person two votes for seats on the same council. It still concluded that the teacher-parent could vote for both groups of representatives because the statute did not forbid the parent's vote.

School election organizers

The opinion identified a distinction between council membership and election participation: the teacher-parent could not hold a parent-representative seat in the employing district, yet could cast a parent ballot. It read KRS 160.345(2)(a) and (b) as addressing those different questions.

Common questions

Could a teacher vote for parent representatives at another school?

Yes. The 1993 opinion allowed a teacher vote at the school of employment and a parent vote at the child's school.

Could a teacher-parent cast both ballots if the child attended the teacher's school?

Yes. The AG said both votes were allowed even though they would help select representatives to the same council.

Could that teacher serve as the parent representative?

The opinion said no for a council in the district where the teacher was employed. It treated that service restriction separately from voting eligibility.

Background and statutory framework

Counsel for Boyd County Public Schools described a teacher assigned to School A whose child attended School B, then asked about a teacher whose child attended the same school. The AG said KRS 160.345 gave little guidance on either voting situation. It read KRS 160.345(2)(b)'s parent election rule as containing no exclusion for district employees and distinguished the parent-member restriction under KRS 160.345(2)(a).

Citations and references

• KRS 160.345(2)(a): council membership and the teacher-parent's parent-seat restriction discussed by the AG.
• KRS 160.345(2)(b): parent representative elections.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG93-049.htm

Original opinion text

OAG 93-49

July 1, 1993

Hon. Carl D. Edwards, Jr.

VanAntwerp, Monge, Jones & Edwards

1544 Winchester Avenue, Fifth Floor

Ashland, Kentucky 41101

Dear Mr. Edwards:

As legal counsel for the Boyd County Public School System you have asked our office for an opinion regarding the qualifications of persons eligible to cast ballots for school council elections.

You present the following facts and question:

A teacher employed by the school district has been assigned to an instructional position at "School A." This same teacher is a parent of a child attending "School B." Under the recent legislative amendments to KRS 160.345(2)(a), it is clear that this particular teacher may serve as a teacher-member of the school council at "School A" and may not serve as a parent-member of the council at "School B." However, is this particular individual a qualified voter in both elections? In other words, may the teacher cast a teacher ballot at "School A" and a parent ballot at "School B"? If the individual may participate in only one of these elections, in which can he/she cast a ballot or may he/she choose that election in which he/she participates?

The KERA statute dealing with School Based Decision Making Council elections, KRS 160.345, provides little guidance to answering your question. KRS 160.345(2)(b) provides in part:

The parent members shall be elected by the parent members of the parent teacher organization of the school or, if none exists, the largest organization of parents formed for this purpose . . . .

KRS 160.345(2)(b) does not exclude district employees from the parents eligible to cast a vote for the parent representatives. We must assume that the General Assembly was well aware that teachers often wear two hats, one as a parent and the other as a teacher. Parents who are also teachers understandably desire a voice in their child's education and in the performance of the child's school. We believe that KRS 160.345 does not prohibit the teacher sin your question from voting for the teacher council representatives at School A and also voting as parent members of the Parent Teacher Organization at School B. You are correct that the teacher/parent may not serve as the parent representative on a school council in the school district in which he or she is employed. KRS 160.345(2)(a).

You also present the following variation of the foregoing factual situation:

Presented here is the scenario where the teacher has been assigned to an instructional position at the same school where his/her child is enrolled as a student. Obviously, to permit this teacher/parent to participate in the election of teacher representatives and parent representative effectively gives the individual two votes for members to the same council. Is this permissible or does the statute contemplate that the teacher/parent will participate in only one of the elections and, if so, in which of the elections is the teacher/parent a qualified voter?

As with the foregoing question, KRS 160.345 provides little guidance in determining whether a teacher/parent with a child enrolled in the same school may vote for the teacher representatives and parent representatives to the school council. While the legislature clearly stated that the teacher/parent may not serve as a parent representative, it did not prohibit a teacher/parent from voting for the parent representatives. Without clear guidance from the General Assembly, we do not believe it is permissible to disfranchise these voters Therefore, we believe that the teacher/parent with a child enrolled in the same school may vote for the teacher representatives and the parent representatives at that school.

In summary, a teacher may cast a vote for the teacher representatives at his or her school and also cast a vote for the parent representatives at another school where his or her child is enrolled. Additionally, if the teacher has been assigned to the same school where his or her child is enrolled then the teacher may vote for the teacher representatives and the parent representatives.

Sincerely yours,

CHRIS GORMAN

ATTORNEY GENERAL

Lynne Schroering

Assistant Attorney General

(502) 564-7600

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