Request By:
Mr. Hugh C. Adams, Jr., Superintendent
Jessamine County Schools
Nicholasville, Kentucky 40356
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: James S. Goldberg, Assistant Attorney General
This letter is in response to your correspondence in which you have asked this Office for an opinion on two specific matters which concern the legal operation of the Jessamine County Schools. Specifically, you have asked:
1. Under the single salary regulation for certified employees of public schools in the Commonwealth of Kentucky, is it legal for a school board to compensate one segment of its teaching staff for an amount equal to a city government's assessment of an occupational tax and not another segment who happens not to be under the jurisdiction of the levying city's influence?
2. In school music programs such as band, the program consists of classroom activities for instruction and learning to play instruments, and, field trip types of experiences, such as football games, out of town concerts and contests. In cases where there has been gross misconduct of an individual or group of band members during a "field trip type of experience," as disciplinary action, would it be legal to remove the students from the privilege of the out-of-class activities, from the classroom experiences, or both? In the case referred, the misconduct did not precipitate the principal's recommendation of expulsion. For future guidance, we need to know whether these types of field trip activities are considered an extension of the classroom or whether they would have to be treated separately as to denial of privileges in cases where disciplinary action is needed.
As regards your first question, we observe that KRS 157.350, in pertinent part, provides:
"Each district which meets the following requirements shall be eligible to share in the distribution of funds from the public school foundation program funds:
(3) Compensates all teachers on the basis of a single salary schedule and in conformity with the provisions of KRS 157.310 to 157.440."
A "'[s]ingle salary schedule' means a schedule adopted by a local board and approved by the state board of education upon recommendation of the superintendent of public instruction which is based on training, experience and such other factors as the state board of education may approve and which does not discriminate between salaries paid elementary and secondary teachers. " KRS 157.320 (13) (KRS 157.320 (12), effective July 1, 1977). In addition, 702 KAR 3:070 (1) states that "[e]ach board of education shall adopt and submit for the approval of the State Board of Education a single salary schedule as defined in KRS 157.320."
It is the position of this Office that "the definition of 'single salary schedule' is broad enough to cover" this proposal. "We reach this conclusion by virtue of the fact that under KRS 157.320 (13) (KRS 157.320 (12), effective July 1, 1977) the local board may utilize factors other than training and experience to determine the salary schedule. Ample justification exists for boards' decisions that a teacher, assigned to a county school within the jurisdiction of the levying city, should not be penalized because of assignment to that particular location. This fact could well be construed as a 'factor' on which the school board could reasonably be expected to prepare its salary schedule. " OAG 38,840.
We would therefore conclude that "salary schedules may properly be prepared so as to increase the salaries of particular county teachers, teaching within the city, in an amount equal to the occupational tax imposed." OAG 38,840. Once such a salary schedule is adopted by the Jessamine County School Board, it must then be approved, upon the recommendation of the superintendent of public instruction, by the state board of education, before it is implemented. KRS 157.320 (13) (KRS 157.320 (12), effective July 1, 1977) and 702 KAR 3:070 (1).
KRS 160.290 (2) states:
"Each board shall made and adopt, and may amend or repeal, rules, regulations and bylaws for its meetings and proceedings for the government, regulation and management of the public schools and school property of the district, for the transaction of its business, and for the qualification and employment of teachers and the conduct of pupils. The rules, regulations, and bylaws heretofore made by any governing body of a school district, or hereafter made by a board of education, shall be consistent with the general school laws of the state and shall be binding on the board of education and parties dealing with it until amended or repealed by an affirmative vote of three (3) members of the board. The rules, regulations and bylaws shall be spread on the minutes of the board and be open to the public."
Once more, KRS 160.370 makes/superintendents responsible for the general supervision, subject to the control of the board of education, of the general conduct of the schools and the discipline of pupils.
Next, KRS 161.180 provides:
"(1) Each teacher in the public schools shall hold pupils to a strict account for their conduct in school, on the way to and from school, on the playgrounds, in the lunchrooms and cafeterias, and during intermission or recess.
(2) The various boards of education of the commonwealth of Kentucky, and the principals of the public schools, may use teachers' aides in supervisory capacities, such as playground supervision, hallway supervision, lunchroom and cafeteria supervision, and other like duties, including, but not limited to, recreational activities and athletic events, relating to the supervision and control of the conduct of the pupils; and while so engaged, such teacher's aides shall have the same authority and responsibility as is granted to and imposed by law upon teachers in the performance of the same or similar duties."
Lastly, under KRS 158.150:
"All pupils admitted to the common schools shall comply with the lawful regulations for the government of the schools. Wilful disobedience or defiance of the authority of the teachers, habitual profanity or vulgarity, or other gross violation of propriety or law constitutes cause for suspension or expulsion from school. The superintendent, principal or head teacher of any school may suspend a pupil for such misconduct, but shall report such action in writing immediately to the superintendent. The board of education of any school district may expel any pupil for misconduct as defined in this section, but such action shall not be taken until the parent, guardian or other person having legal custody or control of the pupil has had an opportunity to have a hearing before the board. The decision of the board shall be final."
"The courts are in general agreement that the control of school authorities over pupils does not cease absolutely when they leave the school premises. The authority of school officials to discipline refractory pupils for misconduct in extracurricular activities after school hours is very broad. For example, the courts have upheld the punishment of pupils because of misconduct in the following instances, to-wit: fighting with other pupils while en route home from school; use of profane and abusive language while en route home from school; drinking and smoking on the public streets; riding around the streets of a city in an automobile while seated upon the lap of a member of the opposite sex; and other improper conduct during non-school hours. See 41 A.L.R. 1312 and 147 Am.Jur., Schools, Section 186." OAG 64-229. See also
Byrd v. Begley, 262 Ky. 422, 90 S.W.2d 370 (1936) and
Casey County Board of Education v. Luster, Ky., 282 S.W.2d 333 (1955).
Therefore, in answer to your second question, it is our considered opinion that pupils may be disciplined for misconduct committed during extracurricular activities, off school premises and after school hours. Specifically, we think it would clearly be legal to withdraw the privilege of participating in the out-of-class activities you have described, from any pupil, for misconduct during such field trip types of experiences. In addition, since KRS 158.150 would permit the overall suspension of a student for such misconduct, the removal of a pupil from the described classroom activities would also be legally permissible within the guidelines set out in that statute.
We hope that this opinion will satisfactorily answer your questions. If we can be of any further service, please do not hesitate to call upon us.