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KENTUCKY DEPT. OF EDUC. v. RISNER

No. 95-SC-458-T.

913 S.W.2d 327 (1996)

KENTUCKY DEPARTMENT OF EDUCATION, Appellant, v. Clarence RISNER, Ira Joe Tussey and Floyd County Board of Education, Appellees.

Supreme Court of Kentucky.

January 18, 1996.

Attorney(s) appearing for the Case

D. Brent Irvin, Assistant Attorney General, Civil Division, Frankfort, for appellant.

Larry D. Brown, Phillip D. Damron, Prestonsburg, for appellees.

STEPHENS, Chief Justice.

Mr. Risner and Mr. Tussey, appellees, were elected, as parent members, to the school based councils (hereinafter SBC) for Prestonsburg High School and James D. Adams Middle School, respectively. The local superintendent of schools informed both appellees that they were ineligible to serve on either of the SBC because their spouses were both employed as secretaries at the Prestonsburg Grade School. KRS 160.345(2)(a) expressly prohibits school...

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