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156.035   Legal status of board -- Administration of fund. (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. (3)  (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. Effective:  July 15, 1996 
History:  Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 470, sec. 47, effective July 1, 1990; and ch. 476, Pt. IV, sec. 127, 
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 361, sec. 5, effective July 15, 
1988.  --  Amended  1986  Ky.  Acts  ch. 264,  sec. 1,  effective  April  3,  1986;  and 
ch. 331, sec. 27, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 155, sec. 86, 
effective June 17, 1978. -- Created 1962 Ky. Acts ch. 13, sec. 2. Legislative  Research  Commission  Note  (7/13/90).  This  section  was  amended  by  two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. 
Where  a  conflict  exists,  the  Act  which  was  last  enacted  by  the  General  Assembly 
prevails pursuant to KRS 446.250.