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AN ACT relating to the state management of education and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 156.148 is amended to read as follows: 4
(1) [Effective January 1, 1991, ]The commissioner of education shall be the chief state 5
school officer. He or she shall possess the professional qualifications determined by 6
the Kentucky Board of Education as appropriate for the office. 7
(2) The commissioner shall: 8
(a) Be appointed or reappointed by the Kentucky Board of Education, subject to 9
Senate confirmation in accordance with KRS 11.160; 10
(b) Serve for a term not to exceed four (4) years, unless removed by the 11
Kentucky Board of Education[at the pleasure of the board,]; and 12
(c) Receive compensation as set by the board, the provisions of KRS 64.640 13
notwithstanding. 14
(3) The commissioner of education shall be the executive and administrative officer of 15
the Kentucky Board of Education in its administration of all educational matters 16
and functions placed under its management and control. He or she shall carry out 17
all duties assigned to him or her by law; shall execute under the direction of the 18
state board the educational policies, orders, directives, and administrative functions 19
of the board; and shall direct the work of all persons employed in the Department of 20
Education. 21
(4) The commissioner of education shall be reimbursed for all actual and necessary 22
traveling expenses incurred by him or her in the performance of his or her duties. 23
Section 2. KRS 156.029 is amended to read as follows: 24
(1) There is hereby established a Kentucky Board of Education, which shall consist of 25
eleven (11) voting members appointed by the Governor and confirmed by the 26
Senate of the General Assembly, with the president of the Council on 27 UNOFFICIAL COPY 23 RS SB 107/EN
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Postsecondary Education and the secretary of the Education and Labor Cabinet 1
serving as ex officio nonvoting members, and an active public elementary or 2
secondary school teacher and a public high school student appointed by the board 3
as described in subsection (3) of this section serving as nonvoting members. Seven 4
(7) voting members shall represent each of the Supreme Court districts as 5
established by KRS 21A.010, and four (4) voting members shall represent the state 6
at large. Each of the voting members shall serve for a four (4) year term, except the 7
initial appointments shall be as follows: the seven (7) members representing 8
Supreme Court districts shall serve a term which shall expire on April 14, 1994; and 9
the four (4) at-large members shall serve a term which shall expire on April 14, 10
1992. Subsequent appointments shall be submitted to the Senate for confirmation in 11
accordance with KRS 11.160. 12
(2) Appointments of the voting members shall be made without reference to 13
occupation. No voting member at the time of his or her appointment or during the 14
term of his or her service shall be engaged as a professional educator. Beginning 15
with voting members appointed on or after June 29, 2021, appointments to the 16
group of members representing Supreme Court districts and to the group of at-large 17
members, respectively, shall reflect equal representation of the two (2) sexes, 18
inasmuch as possible; reflect no less than proportional representation of the two (2) 19
leading political parties of the Commonwealth based on the state's voter registration 20
and the political affiliation of each appointee as of December 31 of the year 21
preceding the date of his or her appointment; and reflect the minority racial 22
composition of the Commonwealth based on the total minority racial population 23
using the most recent census or estimate data from the United States Census 24
Bureau. If the determination of proportional minority representation does not result 25
in a whole number of minority members, it shall be rounded up to the next whole 26
number. A particular political affiliation shall not be a prerequisite to appointment 27 UNOFFICIAL COPY 23 RS SB 107/EN
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to the board generally; however, if any person is appointed to the board that does 1
not represent either of the two (2) leading political parties of the Commonwealth, 2
the proportional representation by political affiliation requirement shall be 3
determined and satisfied based on the total number of members on the board less 4
any members not affiliated with either of the two (2) leading political parties. 5
Pursuant to KRS 63.080, a member shall not be removed except for cause or, 6
beginning with voting members appointed on or after June 29, 2021, in accordance 7
with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not be subject to 8
reorganization by the Governor. 9
(3) Ex officio and other nonvoting members shall not be represented by proxy at any 10
meeting of the board. 11
(4) The nonvoting teacher and student members shall be selected by the board from the 12
state's six (6) congressional districts on a rotating basis from different districts. The 13
public high school student shall be classified as a junior at the time of appointment. 14
The teacher and student members shall serve for a one (1) year term, except the 15
initial appointments shall serve a term which shall expire on April 14, 2022. The 16
board shall promulgate an administrative regulation establishing the process for 17
selecting the nonvoting teacher and student members. 18
(5)[(4)] A vacancy in the voting membership of the board shall be filled by the 19
Governor for the unexpired term with the consent of the Senate. In the event that 20
the General Assembly is not in session at the time of the appointment, the consent 21
of the Senate shall be obtained during the time the General Assembly next 22
convenes. 23
(6)[(5)] At the first regular meeting of the board in each fiscal year, a chairperson 24
shall be elected from its voting membership. 25
(7)[(6)] The members shall be reimbursed for actual and necessary expenses incurred 26
in the performance of their duties. 27 UNOFFICIAL COPY 23 RS SB 107/EN
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(8)[(7)] The commissioner of education shall serve as the executive secretary to the 1
board. 2
(9)[(8)] The primary function of the board shall be to develop and adopt policies and 3
administrative regulations, with the advice of the Local Superintendents Advisory 4
Council, by which the Department of Education shall be governed in planning, 5
coordinating, administering, supervising, operating, and evaluating the educational 6
programs, services, and activities within the Department of Education which are 7
within the jurisdiction of the board. 8
Section 3. Whereas ensuring consistent quality in the state management of 9
education is of the utmost priority for the General Assembly, an emergency is declared to 10
exist, and this Act takes effect upon its passage and approval by the Governor or upon its 11
otherwise becoming a law. 12