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AN ACT relating to the state management of education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) There is hereby established the Board of Education Nominating Committee, 5
which shall consist of seven (7) members representing each of the Supreme Court 6
districts appointed by the Governor, and confirmed by the Senate of the General 7
Assembly in accordance with KRS 11.160. 8
(2) (a) In order to be eligible to serve on the Board of Education Nominating 9
Committee, a member at the time of appointment shall have no conflict of 10
interest pursuant to KRS 45A.340. In addition, no member shall have a 11
relative employed by the Department of Education or a public school district 12
during his or her tenure on the committee. 13
(b) The Governor shall make the appointments so as to reflect inasmuch as 14
possible: 15
1. Equal representation of the two (2) sexes; 16
2. No less than proportional representation of the two (2) leading 17
political parties of the Commonwealth based on the state's voter 18
registration; and 19
3. The minority racial composition of the Commonwealth. 20
In filling vacancies to the committee, the Governor shall act so as to 21
provide, inasmuch as possible, equal representation of the two (2) sexes by 22
appointing a member of the sex that is the lesser represented at the time of 23
the appointment. If the remaining membership already has an equal 24
number of males and females, the Governor may appoint a member of 25
either sex. 26
(c) In selecting the members of the committee, the Governor shall solicit 27 UNOFFICIAL COPY 23 RS BR 340
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recommendations from each of the following: 1
1. The Kentucky School Boards Association; 2
2. The Kentucky Association of School Superintendents; 3
3. The Kentucky Association of School Administrators; 4
4. The Kentucky Association of Secondary School Principals: 5
5. The Kentucky Association of Elementary School Principals; 6
6. The Kentucky Non-Public Schools Commission; 7
7. The Education Professional Standards Board; and 8
8. The Council on Postsecondary Education. 9
(3) (a) Members shall serve six (6) year terms, and until a successor is appointed, 10
except the initial appointments shall be as follows: 11
1. Two (2) members shall serve a two (2) year term; 12
2. Two (2) members shall serve a four (4) year term; and 13
3. Three (3) members shall serve a six (6) year term. 14
(b) The terms of the original appointees shall expire on April 14 in the year 15
designated for the term, and the terms of each member appointed thereafter 16
shall begin on April 15. At the first regular meeting of the committee each 17
fiscal year, a chairperson shall be selected by the membership. 18
(4) The members of the committee may be reimbursed for actual and necessary 19
expenditures incurred in the performance of their duties. The expenses of the 20
committee shall be paid out of the appropriation for the Governor's office. 21
(5) The committee shall be responsible for submitting three (3) nominations from 22
which the Governor shall select each gubernatorial appointment to the Kentucky 23
Board of Education made pursuant to Section 2 of this Act. The committee shall 24
provide to the Governor, inasmuch as possible, an equal number of male and 25
female nominees. If the Governor needs nominees from a particular Supreme 26
Court district in order to make an appointment, the committee shall only provide 27 UNOFFICIAL COPY 23 RS BR 340
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nominees who reside in that district. The Governor shall select the appointees 1
from among the nominees. 2
(6) In making its nominations, the committee shall consider the needs of the 3
Kentucky Board of Education, locate potential appointees, review candidates' 4
qualifications and references, conduct interviews, and carry out other search and 5
screening activities as necessary. 6
(7) The Department of Education shall provide support services for the committee. 7
Section 2. KRS 156.029 is amended to read as follows: 8
(1) There is hereby established a Kentucky Board of Education, which shall consist of 9
eleven (11) voting members appointed by the Governor and confirmed by the 10
Senate of the General Assembly in accordance with KRS 11.160, with the 11
president of the Council on Postsecondary Education and the secretary of the 12
Education and Labor Cabinet serving as ex officio nonvoting members, and an 13
active public elementary or secondary school teacher and a public high school 14
student appointed by the board as described in subsection (3) of this section serving 15
as nonvoting members. Seven (7) voting members shall represent each of the 16
Supreme Court districts as established by KRS 21A.010, and four (4) voting 17
members shall represent the state at large. Beginning April 1, 2024, each of the 18
voting members shall be appointed in accordance with Section 1 of this Act and 19
serve for a four (4) year term[, except the initial appointments shall be as follows: 20
the seven (7) members representing Supreme Court districts shall serve a term 21
which shall expire on April 14, 1994; and the four (4) at-large members shall serve 22
a term which shall expire on April 14, 1992. Subsequent appointments shall be 23
submitted to the Senate for confirmation in accordance with KRS 11.160]. 24
(2) Appointments of the voting members shall be made without reference to 25
occupation. No voting member at the time of his or her appointment or during the 26
term of his or her service shall be engaged as a professional educator. Beginning 27 UNOFFICIAL COPY 23 RS BR 340
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with voting members appointed on or after June 29, 2021, appointments to the 1
group of members representing Supreme Court districts and to the group of at-large 2
members, respectively, shall reflect equal representation of the two (2) sexes, 3
inasmuch as possible; reflect no less than proportional representation of the two (2) 4
leading political parties of the Commonwealth based on the state's voter registration 5
and the political affiliation of each appointee as of December 31 of the year 6
preceding the date of his or her appointment; and reflect the minority racial 7
composition of the Commonwealth based on the total minority racial population 8
using the most recent census or estimate data from the United States Census 9
Bureau. If the determination of proportional minority representation does not result 10
in a whole number of minority members, it shall be rounded up to the next whole 11
number. A particular political affiliation shall not be a prerequisite to appointment 12
to the board generally; however, if any person is appointed to the board that does 13
not represent either of the two (2) leading political parties of the Commonwealth, 14
the proportional representation by political affiliation requirement shall be 15
determined and satisfied based on the total number of members on the board less 16
any members not affiliated with either of the two (2) leading political parties. 17
Pursuant to KRS 63.080, a member shall not be removed except for cause or, 18
beginning with voting members appointed on or after June 29, 2021, in accordance 19
with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not be subject to 20
reorganization by the Governor. 21
(3) Ex officio and other nonvoting members shall not be represented by proxy at any 22
meeting of the board. 23
(4) The nonvoting teacher and student members shall be selected by the board from the 24
state's six (6) congressional districts on a rotating basis from different districts. The 25
public high school student shall be classified as a junior at the time of appointment. 26
The teacher and student members shall serve for a one (1) year term, except the 27 UNOFFICIAL COPY 23 RS BR 340
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initial appointments shall serve a term which shall expire on April 14, 2022. The 1
board shall promulgate an administrative regulation establishing the process for 2
selecting the nonvoting teacher and student members. 3
(5)[(4)] A vacancy in the voting membership of the board shall be filled by the 4
Governor for the unexpired term with the consent of the Senate. In the event that 5
the General Assembly is not in session at the time of the appointment, the consent 6
of the Senate shall be obtained during the time the General Assembly next 7
convenes. 8
(6)[(5)] At the first regular meeting of the board in each fiscal year, a chairperson 9
shall be elected from its voting membership. 10
(7)[(6)] The members shall be reimbursed for actual and necessary expenses incurred 11
in the performance of their duties. 12
(8)[(7)] The commissioner of education shall serve as the executive secretary to the 13
board. 14
(9)[(8)] The primary function of the board shall be to develop and adopt policies and 15
administrative regulations, with the advice of the Local Superintendents Advisory 16
Council, by which the Department of Education shall be governed in planning, 17
coordinating, administering, supervising, operating, and evaluating the educational 18
programs, services, and activities within the Department of Education which are 19
within the jurisdiction of the board. 20
Section 3. KRS 156.148 is amended to read as follows: 21
(1) [Effective January 1, 1991, ]The commissioner of education shall be the chief state 22
school officer. He or she shall possess the professional qualifications determined by 23
the Kentucky Board of Education as appropriate for the office. 24
(2) The commissioner shall: 25
(a) Be appointed or reappointed by the Kentucky Board of Education, subject to 26
Senate confirmation in accordance with KRS 11.160; 27 UNOFFICIAL COPY 23 RS BR 340
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(b) Be subject to annual review by the Kentucky Board of Education in closed, 1
executive session; 2
(c) Serve for a term not to exceed four (4) years, unless removed by the 3
Kentucky Board of Education[at the pleasure of the board,]; and 4
(d) Receive compensation as set by the board, the provisions of KRS 64.640 5
notwithstanding. 6
(3) The commissioner of education shall be the executive and administrative officer of 7
the Kentucky Board of Education in its administration of all educational matters 8
and functions placed under its management and control. He or she shall carry out 9
all duties assigned to him or her by law; shall execute under the direction of the 10
state board the educational policies, orders, directives, and administrative functions 11
of the board; and shall direct the work of all persons employed in the Department of 12
Education. 13
(4) The commissioner of education shall be reimbursed for all actual and necessary 14
traveling expenses incurred by him or her in the performance of his or her duties. 15