KRS 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 sup ervision, 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 insuran ce 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 th e 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.