Summary
The Kentucky Supreme Court held that KRS 159.070 does not grant Kentucky public school students a statutory right to attend the public school nearest their homes. The court distinguished enrollment from attendance, considered related compulsory-attendance provisions and the statute’s legislative history, and concluded that student assignment is committed to the discretion of local school boards. The court reversed the Court of Appeals and reinstated the Jefferson Circuit Court’s dismissal of the complaint.
Holdings
- KRS 159.070 does not grant Kentucky public schoolchildren a statutory right to attend the public school nearest their homes.
- Assignment of pupils to schools within a district is a matter committed to the sound discretion of the local board of education, subject to constitutional and statutory limits.
- When statutory language is ambiguous, Kentucky courts may consider the statute as a whole, related statutes, legislative history, and established canons of construction to determine legislative intent.
Questions Presented
- Whether KRS 159.070 grants Kentucky public schoolchildren a statutory right to attend the public school nearest their homes.
- Whether the terms "enroll" and "attend" in KRS 159.070 are synonymous.
- Whether student assignment within a Kentucky school district is committed to the discretion of the local board of education.
Disposition
reversed
Cases Cited (27)
- Cumberland Valley Contractors, Inc. v. Bell County Coal Corp., 238 S.W.3d 644, 647 (Ky. 2007)(followed)
- MPM Financial Group, Inc. v. Morton, 289 S.W.3d 193, 197-98 (Ky. 2009)(followed)
- Saxton v. Commonwealth, 315 S.W.3d 293, 300 (Ky. 2010)(followed)
- Shawnee Telecom Resources, Inc. v. Brown, 354 S.W.3d 542, 551 (Ky. 2011)(followed)
- Petitioner F. v. Brown, 306 S.W.3d 80, 85-86 (Ky. 2010)(followed)
- Democratic Party of Kentucky v. Graham, 976 S.W.2d 423, 429 (Ky. 1998)(followed)
- Fiscal Court of Jefferson County v. City of Louisville, 559 S.W.2d 478, 480 (Ky. 1977)(followed)
- Stephenson v. Woodward, 182 S.W.3d 162, 172 (Ky. 2005)(distinguished)
- Fox v. Grayson, 317 S.W.3d 1, 8 (Ky. 2010)(followed)
- Economy Optical Co. v. Kentucky Board of Optometric Examiners, 310 S.W.2d 783 (Ky. 1958)(followed)
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Cited In (0)
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Court Document
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