Could a Kentucky school council change its curriculum if the change led to a teacher's transfer?

Plain-English summary

In 1996, Kentucky's Attorney General concluded that a school council could set a school's curriculum and the number of positions in each job category even if that choice later led to an employee's transfer. The council's policy and staffing decisions were distinct from recommending that a particular employee be transferred or dismissed, which the statute prohibited. The AG said district officials still handled decisions with district wide personnel effects.

The question arose because changing courses or programs could alter how many physical education, art, or music teachers a school needed. The opinion read KRS 160.345 together with a Kentucky Supreme Court decision recognizing school councils' independent policy authority within statutory limits and district board policy.

Currency note

This opinion was issued in 1996. 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

School councils setting courses and staffing levels

The AG read KRS 160.345 as giving councils authority over school curriculum and the number of people in each job classification within available funds. A council's decision in either area did not become an unlawful transfer recommendation simply because the superintendent might need to move an employee as a result.

Superintendents and local boards

The opinion kept the distinction between a council's school policy and district personnel decisions. It said recommendations and decisions with district wide effects, including transfers or dismissals, remained within the local board's and superintendent's sphere.

School employees

The opinion addressed whether a council could make the underlying curriculum decision. It did not decide an individual employee's entitlement to a particular assignment or the procedure for a resulting transfer.

Common questions

Could a council change courses even if a teacher would need to move?

Yes, under the 1996 statute as the AG read it. The council could choose the curriculum and corresponding job counts; a possible later transfer did not turn that policy choice into a prohibited transfer recommendation.

Could the council recommend transferring a named employee?

No. The statutory provision quoted in the opinion expressly withheld authority to recommend transfers or dismissals.

Who handled a transfer caused by a school staffing change?

The opinion placed district wide personnel decisions with the local board and superintendent. It described the superintendent as the official who might need to transfer or reduce staff after the council's decision.

Did the local board have to approve every council policy decision?

The AG relied on Board of Education of Boone Co. v. Bushee, Ky., 889 S.W.2d 809 (1994), which rejected that reading of the council's statutory authority. Council policy still had to be consistent with district board policy and statutory limits.

Background and statutory framework

KRS 160.345(2)(f), as quoted in the opinion, directed a council to decide the number of positions in each job classification after learning its available funds, while barring recommendations for transfers or dismissals. Another part of the statute authorized the council to set curriculum. The AG treated those powers as compatible: choosing a policy that changes staffing needs was allowed, while district officials retained the personnel decisions that followed.

Citations and references

• KRS 160.345: school council curriculum and staffing authority and the bar on recommending transfers or dismissals.
• Board of Education of Boone Co. v. Bushee, Ky., 889 S.W.2d 809 (1994): state high court decision the AG used to explain school councils' delegated authority.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG96-038.htm

Original opinion text

OAG 96-38

October 31, 1996

Subject: School-based Decision-making Councils

Written by: Diane Schuler Fleming

Requested by: Commissioner Wilmer S. Cody, Kentucky Department of Education

Syllabus: A school council's authority to determine the school curriculum and to make corresponding decisions as to the number of personnel in each job classification necessary to implement their policies, is not a violation of the statutory prohibition against a school council recommending transfers or dismissals.

Statute construed: KRS 160.345

Opinion of the Attorney General

Our office has been asked whether a school council can make a curriculum policy decision which has the ultimate effect of transferring or dismissing an employee. It is our opinion that such decision-making is permissible.

The powers and duties of the school councils are set forth in KRS 160.345. Of specific interest is KRS 160.345(2)(f) which provides:

After receiving notification of the funds available for the school from the local board, the school council shall determine, within the parameters of the total available funds, the number of persons to be employed in each job classification at the school. The council may make personnel decisions on vacancies occurring after the school council is formed but shall not have authority to recommend transfers or dismissals.

In addition to the responsibility of determining the number of employees in each job classification, the school council is also empowered to determine the school's curriculum. KRS 160.345(2)(i)(1). The only statutory restriction on a school council's power in this area is that it must operate within the parameters of the allocated funds.

Clearly, a school council may determine, for example, how many physical education teachers, art teachers, music teachers, etc., are needed and employed by the school. As a result of these decisions, it may be necessary for the superintendent to transfer, or reduce staff, or change the employment conditions of the staff. The question before us is whether this process violates the prohibition against a school council recommending transfers or dismissals.

To answer this question, we need look no further than the recent Kentucky Supreme Court decision in Board of Education of Boone Co. v. Bushee, Ky., 889 S.W.2d 809 (1994). There, the court discussed at length the delegation of power and sphere of responsibility of state government, local school boards, and school councils. In summary, the court found that state government bears the responsibility of providing adequate funding for the schools and is accountable for the overall success of Kentucky's education reforms. The local school boards are responsible for the general management and control of school funds and school property, as well as the appointment of a superintendent and setting the compensation of the employees.

Turning to school councils, the court noted that each is responsible for setting the school policy of its own school “consistent with district board policy.” KRS 160.345(2)(c). Addressing the issue of whether the statute effectively limited the school councils' actions by requiring board approval, the court found that it did not. The court reasoned that decentralization of authority is a primary objective of KERA, as evidenced by the laws enacted by the General Assembly. Specifically, the court looked to the language found in KRS 160.345(4), which states in part:

. . . in addition to the authority granted to the school council [by the legislature] the local board may grant to the school council any other authority permitted by law.

The court concluded that this language was a clear indication that the legislature has delegated to the school council its own authority, independent from the school board. Instead of requiring that the board approve the council's actions, the court said the language ensures consistency and places administrative limitations on the council's actions in areas such as funding and personnel decisions. Id. at 814 - 815.

Applying the Supreme Court's rationale to the question before us, we find no violation of KRS 160.345. Clearly, a school council has the authority to determine the school curriculum and to make corresponding decisions as to the number of personnel in each job classification necessary to implement its policies. While this may result in the transfer of an employee, it is not the recommendation of such by the council, and thus is not a violation of the statutory prohibition against a school council recommending transfers or dismissals. Such recommendations and decisions, which have a district-wide impact, are still in the purview of the local school board and superintendent.

A. B. Chandler III

Attorney General

Diane Schuler Fleming

Assistant Attorney General