156.035 Legal status of board -- Administration of fund.
242 words·~1 min read·
/ky/chapter-156/156-035A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Kentucky Board of Education is recognized to be a public body corporate and
politic, and an agency and instrumentality of the Commonwealth in the performance
of essential governmental functions.
(2)For the benefit of programs under its control and supervision, the board is
authorized to implement the provisions of any Act of Congress appropriating and
apportioning funds to the state, to receive funds appropriated by the Kentucky
General Assembly, to provide for the proper apportionment and disbursement of
such funds in accordance with state or federal laws, and to accept and provide for
the administration of any gifts, donations, or devises.
(a)The board is authorized to expend funds necessary for errors and omissions
insurance premiums for insurance to cover the defense of, and any damages
and costs awarded in, any civil action brought against individual board
members on account of an act made in the scope and course of their
performance of legal duties as board members.
(b)The authorization of the expenditure of public funds for insurance is deemed
critical to continuing to attract qualified individuals to become members of
state boards, and is deemed to authorize the expenditure of public funds for a
public purpose.
(c)Nothing in this subsection shall be construed as a waiver of the sovereign
immunity of the Commonwealth with respect to claims against the Kentucky
Board of Education, the Department of Education, or any of their respective
officers, agents, or employees.