Request By:
The Honorable Stephen C. Keith
House of Representatives
Route 8
P.O. Box 216
Manchester, Kentucky 40962
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Ian G. Sonego, Assistant Attorney General
You requested our opinion regarding the definition of "relative" as used in Section 14 of the Education Reform Act of 1990, Kentucky Acts 1990, Chapter 476, compiled as KRS 160.345. As noted in your letter, KRS 160.345 requires each participating school to establish a school council to "set school policy." The statute sets forth the council membership and requires that two parents be included as members in addition to three school teachers and the principal. KRS 160.345(2)(a) states in pertinent part:
The parent representatives on the council shall not be relatives of any employee of the school.
[Emphasis added.]
You have requested our opinion on the definition of "relative" in KRS 160.345(2)(a) because the Act does not specifically indicate what definition should be applied.
We begin our analysis by noting that KRS 446.080 states in pertinent part:
(1) All statutes of this state shall be liberally construed with a view to promote their objects and carry out the intent of the legislature[.]
(4) All words and pharases shall be construed according to the common and approved usage of language, but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law , shall be construed according to such meaning.
[Emphasis added.]
KRS 160.380(1)(a), Section 78 of the Act, contains a definition of "relative." KRS 160.180(1) contains the same definition as KRS 160.380(1)(a). Although the express language of that section limits the definition to that section, we think the legislative purpose of the Act is best served by applying that definition to school councils in addition to school boards, superintendents, and school principals. We see no reason for the term "relative" to be inconsistently defined in KRS Chapter 160 absent an expression of legislative intent to the contrary.
Therefore, in our opinion "relative" as used in KRS 160.345(2) should have the same definition as "relative" in KRS 160.380(1)(a). As noted in Ross v. Board of Education of Jefferson County, 196 Ky. 366, 244 S.W. 793 at 795-796 (1922), the literal wording of a statute may be rejected or reformed when necessary to carry out legislative intent. KRS 160.380(1)(e) defines "relative" as meaning "father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law." Also see OAG 90-68 regarding the definition contained in KRS 160.380(1)(a), a copy of which is enclosed.