Overview

THE STRUCTURE OF EDUCATION IN KENTUCKY

LEGAL BASIS OF PUBLIC EDUCATION

In the United States, public elementary and secondary education is primarily the responsibility of the states. Kentucky’s Constitution requires the state to establish an efficient system of public education and to that end requires that a permanent school fund be established to maintain the system. The General Assembly created local boards as part of that system to represent the community in overseeing local schools.

LEGAL ENVIRONMENT OF LOCAL BOARDS OF EDUCATION

Local boards of education are governmental bodies and so are subject to both federal and state constitutions, statutes and regulations. In other words, local boards must comply with federal and state requirements and must not act contrary to those requirements. As long as a local board is acting within the authority granted to the board, it has the discretion to make choices and decisions that meet local needs and are in the best interest of the district.

THE FEDERAL EDUCATIONAL HIERARCHY

The federal government impacts local boards in two main ways: through constitutional provisions that apply to local districts (and the judicial decisions that interpret them) and through federal programs that often require compliance to receive federal funds, such as the No Child Left Behind Act. For example, the First Amendment to the United States Constitution applies to local school districts and may come into play on issues such as student or employee speech. Federal statutes also apply, such as IDEA, the federal law addressing the education of exceptional children; or Title VII, the federal law that addresses certain forms of discrimination. While there are many federal agencies that may interact with local school districts, such as the U.S. Department of Labor, the principal agency for education is the U.S. Department of Education. That agency oversees many of the federal programs such as the No Child Left Behind Act.

QUESTIONS

v If a district is sued in federal court, where would the suit be heard?

The suit would be heard in either the Western or Eastern U.S. District Court of Kentucky, depending on the school district’s location.

THE STATE EDUCATIONAL HIERARCHY

THE STATE CONSTITUTION

In addition to requiring the General Assembly to create an efficient system of public education, the state Constitution also addresses the funding of public schools and limitations on the use of those funds. However, the Constitution also applies in other ways. For example, it prohibits governmental entities, including school districts, from acting in an “arbitrary” manner, which means that all actions of a district must be for educational purposes and not unconstitutional or discriminatory. The state Constitution is the foundation for understanding public education in Kentucky.

THE STATE COURTS

State courts interpret the state Constitution and review challenges to district action under any number of state statutes and regulations. The Kentucky Education Reform Act resulted from a Kentucky Supreme Court ruling that the state had failed to provide an “efficient” system of education as required by the state Constitution. State courts have issued many decisions through the years that address all areas of district operations from personnel actions to student discipline. The Kentucky School Laws published by the Kentucky Department of Education contains many short descriptions of court cases. Board members should be cautious when using those descriptions because many of them have been supplemented by later cases or amendments to the statutes themselves. It’s best to consult local counsel to confirm the current judicial interpretation of a particular law.

QUESTIONS

v May a school board file a suit?

Yes. Boards of education may sue or be sued.

THE GOVERNOR

The governor submits an executive budget to the General Assembly on behalf of various state agencies, which also includes proposed spending for public education. The General Assembly may adopt all, some, or none of the governor’s proposal when it approves the state budget. The governor also has veto power over legislation passed by the General Assembly, including education legislation. A governor’s veto may be overridden by a majority of both chambers of the General Assembly.

THE GENERAL ASSEMBLY

The General Assembly carries out the state Constitution’s requirement to create an efficient system of public education and has created boards of education to represent community interest in local schools. Education laws passed by the General Assembly are found mainly in six chapters of the Kentucky Revised Statutes, KRS chapters 156 through 161. These statutes address all main areas of public education from curriculum to student discipline and from personnel action to district finance. The General Assembly is also responsible for adopting the state budget, which provides much of the funding for public education.

The General Assembly may authorize other bodies, such as the State Board of Education and local boards of education, to approve policies that further advance education, as long as the policies are within and consistent with the authority granted to those bodies. In this hierarchy, the General Assembly enacts statutes, the State Board of Education enacts regulations, and local boards adopt policies. However, the general responsibility and direction for education in Kentucky rest with the General Assembly.

THE STATE BOARD OF EDUCATION

The state board exercises its power and authority through Kentucky Administrative Regulations (KARs). KARs flesh out how the statutes passed by the legislature should be implemented. Regulations are developed by the commissioner of education and presented to the state board for adoption. The general powers and duties of the state board are assigned by law in KRS 156.070. They include managing and controlling schools and all programs operated in the schools, including interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for the Blind, and community education programs and services. The governor appoints 11 members of the state Board of Education, who serve four-year terms, and the president of the Council on Postsecondary Education serves as a non-voting member.

The 1994 General Assembly established the Local Superintendents Advisory Council to advise the commissioner and the state board of education on administrative regulations and education policy. The commissioner is required to submit all proposed administrative regulations and education policies for the council’s review before presenting them to the state board for approval. The council consists of 11 local school superintendents appointed by the Legislative Research Commission, which is a group consisting of the joint leadership of the General Assembly.

THE COMMISSIONER OF EDUCATION AND THE DEPARTMENT OF EDUCATION

The commissioner of education is the chief state school officer and is appointed by the Kentucky Board of Education, serves at the board’s pleasure, and receives compensation as set by the board. The powers and duties of the commissioner are those set by the General Assembly through legislation. Among them are to be the executive officer of the Kentucky Board of Education in carrying out its statutory duties and implementing its policies. The commissioner also is responsible for the administration of the Kentucky Department of Education and the supervision of its employees and agents. The commissioner can delegate his/her authority to supervise, inspect and administer schools on his/her behalf.

To sum up this hierarchy: the department of education is the administrative arm of the State Board of Education under the leadership of the commissioner of education. The department implements state laws and some federal programs relating to public elementary and secondary education in Kentucky.

QUESTIONS

v Can the department of education issue directives without action by the state board?

KRS Chapter 13A prohibits an administrative body such as the department from implementing, interpreting, or prescribing law or policy except through the administrative regulation process. That process is the only way an administrative body can implement a program that a statute requires. Therefore, unless an administrative regulation gives the department authority, it may not issue directives.

OFFICE OF EDUCATION ACCOUNTABILITY

The Office of Education Accountability (OEA) was created by the 1990 General Assembly. The General Assembly’s Education Assessment and Accountability Review Subcommittee advises OEA and monitors its performance. The Subcommittee is comprised of eight legislators, no more than five of whom may be members of the same political party.

OEA is responsible for monitoring the education system and the implementation of the Kentucky Education Reform Act. OEA monitors all agencies of elementary and secondary education, including local boards of education, the Department of Education, and the state Board of Education. OEA has the right of access to all public records of the department and local districts, including confidential records, meetings and hearings regarding local school district personnel matters. OEA has no enforcement authority. Its findings are turned over to the commissioner of education and/or the state Board of Education for action.

QUESTIONS

v What is the purpose of the OEA?

The OEA was created by statute to investigate allegations of impropriety, review the financial needs of education and assess the efficiency of the education system.

v Can OEA issue a directive to a district ordering it what to do, or what not to do?

No. The OEA does not have the right to administer regulations and supervise day-to-day administrative functions of the school district. The OEA has no authority to take supervisory or corrective action. That remains the responsibility of the Department of Education, the state Board of Education, and the Office of the Attorney General. OEA can make suggestions on correcting areas not in compliance with statutes and regulations.

If OEA points out areas of impropriety, it is in the district’s best interest to correct the improprieties and thus avoid a recommendation from OEA to the commissioner.

v What exactly can OEA do?

OEA can monitor the education system and the implementation of KERA, review the district finance system, verify reports, investigate allegations of wrongdoing that have not been resolved or satisfactorily explained, conduct studies, make reports, and make recommendations for action to the Legislative Research Commission. OEA can also make recommendations to the commissioner and the state Board of Education.

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Kentucky School Boards Association

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