Could a Kentucky school council close extracurricular practices to parents despite a school board open-practice policy?
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This page answers the general question as of 1997. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
In 1997, Kentucky's Attorney General concluded that the Webster County school board could require extracurricular practice sessions to be open to parents. A coach had argued that the school's decision-making council could adopt a contrary policy. The AG disagreed: the council's authority to select and supervise extracurricular programs did not extend to overriding the board's rule on after-hours use of school property.
The opinion drew a line in KRS 160.345(2)(i). School councils had broad authority over curriculum, extracurricular programs, and student-participation standards, but their listed authority to decide use of school space was limited to the school day. The AG placed the practice-access policy within the board's responsibility for school property outside those hours.
Currency note
This opinion was issued in 1997. 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 boards
The AG concluded that the local board could issue a policy requiring every extracurricular practice session to be open to parents. It relied on the board's general responsibility for school property and the statute's express school-day limit on council decisions about use of building space.
School councils and coaches
The council still chose extracurricular programs and set participation, evaluation, and supervision policies. But the AG said that those powers did not permit a council policy that conflicted with the board's after-hours parent-access rule.
Parents
For parents in the Webster County dispute, the opinion upheld the board's policy opening extracurricular practices to them. It did not announce a separate, freestanding statutory right for parents to attend every school activity.
Common questions
Could the school board require parents to be allowed at practices?
Yes. The AG said the board had authority to adopt the open-practice policy.
Could a school council close a practice despite that board policy?
No. The AG concluded that a council could not enact a conflicting rule on this after-hours use of school property.
Did the council lose authority over extracurricular programs generally?
No. The opinion recognized its authority to choose programs and set policies on student participation, evaluation, and supervision. The answer concerned who controlled parent access to practice sessions.
Background and statutory framework
The Webster County Board of Education had adopted a policy opening all extracurricular practices to parents. A coach challenged it on council-authority grounds. The AG read KRS 160.345(2)(i)'s separate grants for extracurricular programs and school-space use, then discussed Board of Education of Boone Co. v. Bushee on the responsibilities of local boards and school councils.
Citations and references
- KRS 160.345(2)(i): council authority over extracurricular programs and school-day use of space.
- Board of Education of Boone Co. v. Bushee, Ky., 889 S.W.2d 809 (1994): allocation of board and council responsibilities.
Source
Original opinion text
OAG 97-15
May 15, 1997
Subject: Authority to close extracurricular activity practice sessions
Written by: Diane Schuler Fleming
Requested by: William E. Mitchell, attorney for the Webster County Board of Education
Syllabus: A local school board has the authority to issue a policy requiring that all extracurricular practice sessions are to be open to parents.
Statute construed: KRS 160.345(2)(i)
Opinion of the Attorney General
An opinion request has been sent to our office concerning the Webster County Board of Education's policy on extracurricular activity practice sessions which requires all such practices to be open to parents. Apparently, however, a local coach has challenged this policy claiming that the school council may issue a policy to the contrary. Thus, we are asked to determine whether the local school board or the school council has the authority to adopt policies which govern these activities.
The powers granted to school-based decision-making councils are set forth in KRS 160.345, which states in relevant part:
(2)(i) The school council shall adopt a policy to be implemented by the principal in the following additional areas:
- Determination of curriculum, including needs assessment and curriculum development;
. . .
- Determination of use of school space during the school day;
. . .
- Selection of extracurricular programs and determination of policies relating to student participation based on academic qualifications and attendance requirements, program evaluation and supervision;
Clearly, the school council has the power to determine which extracurricular programs are offered at the school, and the ability to set the standards required for student participation. In addition, the council is required to evaluate and supervise such programs. The specific question before us, however, is whether the decision to close extracurricular practice sessions is included in a school council's supervisory powers.
We begin with a review of the recent 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.
Noting that decentralization of authority is a primary objective of KERA, the court found that each school council is responsible for setting the policies of its own school. Clearly, however, the question here isn't whether a school council can set policies, rather it is a question of what is meant by the use of the term "supervision" in KRS 160.345(2)(i)8.
Our review of this statute reinforces the conclusion that the school councils are given broad power to determine both the curriculum and the extracurricular activities available in their schools. However, as we see in subsection 5 above, their authority over the use of the building's space is restricted to the school day. Logically then it falls to the local school board to determine the relevant policies affecting the use of school property after hours, such as determining whether or not a practice session is open to parents.
In conclusion, KRS 160.345 (2) grants the local school boards the authority to issue policies requiring that all extracurricular practice sessions be open to parents. Therefore, the school-based decision-making councils do not have the right to enact policies in contravention of the local school boards' policies in such matters. We believe this opinion is in agreement not only with the legislative intent, but also with the delegation of power set forth in the Bushee case.
ALBERT B. CHANDLER III
ATTORNEY GENERAL
DIANE SCHULER FLEMING
ASSISTANT ATTORNEY GENERAL
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