Request By:
Mr. John W. Smith
Superintendent
Jackson County Schools
Box 217
McKee, Kentucky 40447
Opinion
Opinion By: David L. Armstrong, Attorney General; Kevin M. Noland, General Counsel
You have asked the Office of the Attorney General to respond to your question concerning the authority of a local board of education to open or close a school without the recommendation of the superintendent.
The duties of a board of education and of a superintendent are defined by statute. KRS 160.290 provides:
"Each board shall have control and management of the public schools in its district and may establish such schools and provide for such courses and other services as it deems necessary for the promotion of education and the general health and welfare of pupils . . ." (Emphasis added).
KRS 160.370 provides that the superintendent shall be the executive agent of the board and shall see that the bylaws, rules and regulations of the state board and district are carried into effect. In addition, KRS 160.380 states that:
"All appointments, promotions and transfers of principals, supervisors, teachers and other public school employees shall be made only upon the recommendation of the superintendent of schools, subject to the approval of the board."
Under KRS 160.160 and 160.290, local school boards are clearly given express authority to establish/open a school which they deem necessary for the promotion of education. As to the closing of a school, while KRS 160.370 provides that the superintendent is to be the professional advisor to the board in all matters, there is no statute requiring a formal recommendation of the superintendent as to the closing of a school.
Although no express authority can be found dealing with the closing of a school, this office has previously issued opinions relating to the superintendent's role in fiscal matters such as the expenditure of funds and the creation and abolishment of employment positions. For example, in 1955 OAG 35,971, this office stated its belief that a local school board is responsible for appropriating funds for school purposes upon its own action by motions properly made, voted and recorded in the minutes of the board. As to the superintendent's role, he is without authority to recommend the distribution of school funds although as executive officer he may make personal recommendations.
The opening and/or closing of a school is sufficiently analogous to the aforementioned board actions to suggest that the superintendent's recommendation is not required.
Therefore, it is the opinion of this office that a local board of education may open or close a school without the recommendation of the local superintendent.
We trust that this information adequately responds to your inquiry.