LEGAL AUTHORITY
The main thrust of appellants' argument is that the local boards of education, being
creatures of the state, cannot sue it. Even though the Council is a non-profit
corporation it is claimed that because the Council's members are all local boards of
education, the Council, whose corporate veil is pierced by some strained logic, is also
a servant who cannot challenge the master. We disagree.
In creating the local boards of education, the General Assembly endowed them with
broad and specific powers to enable them to execute their statutory mission. "Each
board of education shall have general control and management of the public schools
in its district...." KRS 160.290(1). It is empowered to promote public education and
"the education and the general health and welfare of pupils." Id. "... Each board of
education shall be a body politic and corporate with perpetual succession. It may sue
and be sued; and do all things necessary to accomplish the purposes for which it is
created ...." KRS 160.160 (emphasis added).
This corporate body politic is specifically granted the power to do "all things
necessary " to carry out its duties and responsibilities, including exercising its right
to sue and be sued. Nowhere in the statutes can one find a restriction on the right of
the local boards to sue. The General Assembly has not stated that it cannot be sued
by local boards. The subject matter of this lawsuit is whether the General Assembly
has complied with its constitutional duty to provide an "efficient" system of common
schools in Kentucky. Who is better qualified, who is more knowledgeable, who is
more duty-bound, than the local school boards to raise the question? If the General
Assembly is not adequately meeting its responsibility, how can the local boards meet
theirs?
It is sterile logic that says that the local school boards cannot sue their masters, the
General Assembly (or the Commonwealth), especially when one considers the
statutory grants of authority cited above.
Appellants rely on the case of Board of Education of Louisville v. Board of Education
of Jefferson County, Ky., 458 S.W.2d 6 (1970), to support their argument. In that
case, the question presented was whether the General Assembly had the authority to
distribute the proceeds of a county-wide occupational tax among the Louisville,
Jefferson County and Anchorage Independent school districts, the effect of which
would be that some of the funds raised in Louisville would be distributed to the
County and to Anchorage Independent districts. The Louisville district argued in that
case that it was a municipal corporation and that its funds could not be used
elsewhere. This Court rejected this argument and upheld the General Assembly's
authority to determine the distribution of Jefferson County's occupational tax
proceeds.
The Court's decision was based on whether the legislation was "appropriate" under
the provisions of Section 183 of the Kentucky Constitution. " 'The General Assembly
shall, by appropriate legislation, provide for an efficient system of common schools
throughout the state.' " Id. at 8 (emphasis added).
We said that legislation is only inappropriate if it conflicts with some other
constitutional provisions of equal dignity. In declaring the Louisville Board not to be a
municipal corporation, the Court stated: "Thus, though a school district possesses
some of the attributes of a municipal corporation for some legal purposes ... and
though a school district is regarded as a political subdivision for some legal
considerations--a school district is, nevertheless, an agency of the state subject to
the will of the legislature and existing for one public purpose only--to locally
administer the common schools within a particular area subject to the paramount
interest of the state." Id. at 8-9 (emphasis added).
Appellants seize upon this language to posit that local boards are not empowered to
sue the state. We do not agree. This language simply reiterates that the local