Topics:

SCHOOLS.
INSURANCE.

Summary conclusion

A school board may not purchase an accident insurance policy covering students engaged in athletic programs, or those students engaged in driver's education.

November 19, 1970
WITHDRAWN

Honorable Donald L. Manford
State Senator
District No. 8
9409 Oakland
Kansas City, Missouri 64136

Dear Senator Manford:

This letter is in response to your request for an opinion of this office in which you ask if school districts have the power to expend public moneys to purchase accident insurance on students engaged in athletic programs, and on students engaged in driver's education programs.

As you note in your opinion request, by Opinion No. 337, Stone, August 21, 1970, this office held that a school district was without authority to purchase student accident insurance out of public funds for its students. This opinion was premised on the fact that funds available to school boards are in fact trust funds, [See Cochran vs. Wilson, 287 Mo. 210, 229 S.W.2d 1050 (1921)], which may not be expended without explicit statutory sanction; and on review of pertinent statutes, we were unable to find statutory authority for the purchasing of student accident insurance out of public funds by school boards. Additionally, Opinion No. 93, Cason, September 9, 1969, held that a school board has no authority to purchase liability insurance to cover its own negligent actions, because the doctrine of sovereign immunity is available to the school board. See Todd vs. Curators of University of Missouri, 147 S.W.2d 1063 (Mo. 1941); and Smith vs. Consolidated School District No. 2, 408 S.W.2d 50 (Mo. En Banc 1966).

We are unable to find any statutory authority which has expanded the authority which a school board has over its trust funds in regard to expenditures for student accident insurance, and therefore conclude that a school board may not purchase an accident insurance policy covering its students engaged in athletic programs, and those students engaged in driver's education.

CONCLUSION

It is, therefore, the opinion of this office that a school board may not purchase an accident insurance policy covering its students engaged in athletic programs, or those students engaged in driver's education.

The foregoing opinion, which I hereby approve, was prepared by my Assistant, Kenneth Romines.

Very truly yours,

John C. Danforth
Attorney General