Board of Educ. of Boone County v. Bushee

889 S.W.2d 809, 1994 Ky. LEXIS 152, 1994 WL 713109
CourtKentucky Supreme Court
DecidedDecember 22, 1994
Docket93-SC-980-DG
StatusPublished
Cited by10 cases

This text of 889 S.W.2d 809 (Board of Educ. of Boone County v. Bushee) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Educ. of Boone County v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152, 1994 WL 713109 (Ky. 1994).

Opinions

STEPHENS, Chief Justice.

This appeal concerns the intent of the legislature when it delegated decision-making authority to both local school boards and individual school councils in enacting the Kentucky Educational Reform Act [hereinafter “KERA”]. The parties question the scope of each group’s delegated authority. To be more specific, the parties ask to what extent can the school council operate as an autonomous decision making body?

The appellees, who include officers of the Boone County Education Association and a teacher in the Boone County School system [hereinafter “the Council”], filed a declaratory judgment action against appellant, the Boone County Board of Education [hereinafter “the Board”], challenging a portion of the Board’s policy created to meet statutory requirements. KRS 160.345 requires that each “local board of education shall adopt a policy for implementing school-based decision making” that addresses and complies with the additional requirement that each school form a council that has “the responsibility to set school policy consistent with district board policy....” KRS 160.345.

The specific provision of the Board’s policy in question reads:

By each September Board of Education meeting, each council shall submit in writing for Board review and approval the following:
1. Measurable goals and objectives for the school year. The goals shall be related to the goals listed in HB 940, Part 1, Section 2 and 3.1
2. Implementation plan for achieving its goals and objectives.
3. Method of evaluating the effectiveness of the implementation plan.
(emphasis added).

The Council contends this provision of the Board’s policy invades the province of the school councils as envisioned by the legislature when pursuing the broad educational [811]*811reforms of KERA. The Council argues that the required Board approval of these enumerated responsibilities essentially usurps the Council of the authority delegated to it by the legislature to act as an independent decision making body. The trial court held that the Board’s policy did not overstep its statutory authority. The Court of Appeals reversed. We affirm the result reached by the Court of Appeals but believe our understanding of KERA to be different than that expressed by that Court. This opinion will attempt to clarify the designated participatory roles for each contributor to the public education system.

Before we address the substantive issue of delegated authority, however, we must first consider whether there exists a justicia-ble controversy. The Board contends that because no specific policy or request has been submitted for appi’oval by the Council, there is no present controversy over rights or liabilities.

In a declaratory judgment action, it has been well recognized by this court that the question is not one of a present controversy as contended by the Board, but rather whether there is a “justiciable controversy over present rights, duties or liabilities.” Dravo v. Liberty Nat. Bank & Trust Co., 267 S.W.2d 95, 97 (1954) (emphasis added). “This is so although the effect of the judgment is prospective.” Id. In this case, upon submission of the request as required by the Board policy, there will be either approval or disapproval by the Board. This in itself is the justiciable controversy; whether this approval can be required at all. The result of the Board’s decision to approve or disapprove would have no effect upon the ability to require the approval in the first place. As a result, we do not feel unable to address this present justiciable issue before an act of approval or disapproval occurs.

We turn now to the question of delegated authority. To address this issue we believe it would first be helpful to consider the historical background leading to the enactment of KERA. The General Assembly enacted KERA following this court’s decision in Rose v. Council for Better Education, Inc., Ky., 790 S.W.2d 186 (1989). In that opinion, we found that the former legislative framework did not provide an efficient common school system as guaranteed by the Kentucky Constitution. As a result, we directed that the General Assembly “recreate and redesign a new system that will comply with standards we ... set out.” Id.

These standards included the following:

(1) The establishment, maintenance, and funding of common schools in Kentucky is the sole responsibility of the General Assembly, and
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(6) Common schools shall be monitored by the General Assembly to assure that they are operated with no waste, no duplication, no mismanagement, and with no political influence. Id. at 212-3.

We also found in Rose that the General Assembly could “choose to delegate any of [its responsibility to provide a common school system] ... to institutions such as the local boards of education.” Id. at 216. It is important to recognize these holdings because they provided the impetus for KERA, and they enable us to place the statutory provisions in question today within their relevant context.

The crux of the Rose decision rested upon inefficiencies in the common school system created by “improper nepotism, favoritism, and misalloeation of school monies.” Id. at 193. In addressing these issues, KERA guarantees that the responsibility for providing the financial means necessary to provide a common school system rests with the General Assembly. KERA also maintains accountability for potential problems with respect to these issues at the level of the General Assembly. On the other hand, KERA ensures active and meaningful participation on the part of teachers, parents, and students, recognizing that these are aspects of education that do not necessitate statewide control.

The General Assembly’s statutory approach to “eliminatfing] areas which were once fertile ground for favoritism and/or nepotism to take root” has been addressed by this court in Chapman v. Gorman, Ky., 839 [812]*812S.W.2d 232, 235 (1992). In the case sub judice, we address which duties the General Assembly chose to delegate to other decision making bodies, while retaining statewide control of the allocation of school funds and accountability for the overall success of the state common school system.

To understand how these distributions of authority were schematically organized, we turn to the statutes to review the provisions of KERA to define its overall objectives. Pervasive throughout all pertinent provisions, when considered as a whole statutory framework, is one important theme. The essential strategic point of KERA is the decentralization of decision making authority so as to involve all participants in the school system, affording each the opportunity to contribute actively to the educational process.

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Board of Educ. of Boone County v. Bushee
889 S.W.2d 809 (Kentucky Supreme Court, 1994)

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Bluebook (online)
889 S.W.2d 809, 1994 Ky. LEXIS 152, 1994 WL 713109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-educ-of-boone-county-v-bushee-ky-1994.