AGO 1989-081.

• Case Date: June 29, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-081. June 29, 1989ATTORNEY GENERAL OPINION NO. 89-81Ted D. AyresGeneral Counsel Kansas Board of Regents Suite 609 Capitol Tower 400 S.W. Eighth Topeka, Kansas 66603-3911 Re: State Departments; Public Officers and Employees--Kansas Tort Claims Act--Persons Covered; Faculty of the Kansas College of Technology State Institutions and Agencies; Historical Property--State Educational Institutions; Management and Operation--Kansas College of Technology; Faculty Covered by Tort Claims Act Synopsis: Faculty members of the Kansas college of technology (KCT) who instruct maintenance and flight courses in the aeronautical training programs at KCT are employees of a governmental entity for purposes of the tort claims act. Instructors who maintain or pilot planes for other state agencies may be deemed employees of such other state agencies if acting in their service in an official capacity. Cited herein: K.S.A.1988 Supp. 75-6102; K.S.A. 75-6103; K.S.A.1988 Supp. 75-6108; K.S.A. 75-6109; K.S.A.1988 Supp. 76-711; 76-712. * * * Dear Mr. Ayres: On behalf of the Kansas board of regents and the Kansas college of technology (KCT) you request our opinion regarding the application of the Kansas tort claims act to certain persons involved with the aeronautical training programs at KCT. Initially we must determine whether KCT is a governmental entity for purposes of the tort claims act. The term "governmental entity" is defined in the act as the state or any municipality. K.S.A.1988 Supp. 75-6102(c). "State" in turn is defined to include "any agency, authority, institution or other instrumentality thereof." K.S.A.1988 Supp. 75-6102(a). KCT has been established as a state educational institution pursuant to K.S.A.1988 Supp. 76-711(a). K.S.A.1988 Supp. 76-712 provides that state educational institutions are state agencies under the general control of the board of regents. Thus, we have little difficulty concluding that KCT is a governmental entity for purposes of the tort claims act. See Boaldin v. University of Kansas, 242 Kan. 288 (1987); Attorney General Opinion No. 86-45, 81-139. We now proceed to your specific questions which you present as follows:

"1. Faculty supervise a laboratory setting wherein students learn about and do mechanical work on aircraft as part of their study. This

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