Request By:
Honorable Larry H. York
Attorney at Law
Post Office Box 1028
Somerset, Kentucky 42501
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter in which you ask for an opinion on the propriety of a community action agency contracting with a local board of education pursuant to Section 7 of H.B. 206.
As your letter mentions Section 7 of H.B. 206 provides:
If a community action agency places responsibility for the character, funding, extent, administration of, or budgeting for programs of the agency with another agency or organization, public or private, it shall do so by contract. No contract shall be made with an agency or organization which does not have a board which is broadly representative of the citizens of the geographic area served by the agency or organization.
This office is of the opinion that a local county board of education would be sufficiently representative of the geographic area that it serves to qualify as an agency with which a community action agency could contract.
Therefore, as long as the subject matter of the contract related to the purpose of promoting public education, a county board of education, on its part, could enter into a contract with a community action agency pursuant to KRS 160.160 and KRS 160.290.
I hope that I have adequately answered your question. If not, please feel free to contact me.