205 S.W.2d 165 | Ky. Ct. App. | 1947
Affirming.
The Board of Education of Hardin County concluded that it was necessary to enlarge and improve the school facilities of the county, and that issuance of school building revenue bonds, under authority of KRS
KRS
In its petition the Board of Education set forth at length facts showing why it is necessary to enlarge and improve the school facilities of Hardin County. It appears from the allegations of the petition that the school population of Hardin County has doubled during the last 8 or 10 years; that the school buildings are overcrowded; and that one building constructed more than 75 years ago is unsafe. The allegations of the petition are supported by the proof introduced by the Board of Education. The court adjudged that, under the provisions of section
County boards of education are given control and management of public schools in their districts subject to the rules and regulations of the State Board of Education. Subsection I of section
The Legislature has always zealously guarded the rights of school boards to control and manage the public schools without interference or supervision by other bodies. Responsibility for the proper management of the school system of a county is vested in the board of education. The funds needed to conduct the schools, the salaries of teachers and other employees, and the number, character and locations of buildings are matters left, and necessarily so, to the judgment of the members of the board of education. KRS
This language is equally appropriate when a fiscal court undertakes to exercise its judgment in opposition to the judgment of the board of education as to the need for new school buildings, and whether or not the plan authorized by the Statutes to provide them shall be put into effect. In Piggott v. Kasey,
Appellants argue that the Fiscal Court is not authorized to issue bonds as requested by the Board of Education because KRS
It is suggested that the records of the Hardin County Board of Education fail to set out with sufficient particularity the action taken in the premises by the Board. The records are not as complete as they might be, but the record before us shows that the members of the Fiscal Court understood exactly what the Board of Education proposed to do, and with this knowledge and the request of the Board before them to cooperate in carrying out the plan provided in the Statutes they definitely declined to act. This presented a controversy warranting this proceeding for a declaration of the rights of the parties.
The circuit court correctly adjudged the rights of the parties, and the judgment is affirmed.