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AN ACT relating to public postsecondary education institutions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.020 is amended to read as follows: 3
The Council on Postsecondary Education in Kentucky shall: 4
(1) Develop and implement the strategic agenda with the advice and counsel of the 5
Strategic Committee on Postsecondary Education. The council shall provide for and 6
direct the planning process and subsequent strategic implementation plans based on 7
the strategic agenda as provided in KRS 164.0203; 8
(2) Revise the strategic agenda and strategic implementation plan with the advice and 9
counsel of the committee as set forth in KRS 164.004; 10
(3) Develop a system of public accountability related to the strategic agenda by 11
evaluating the performance and effectiveness of the state's postsecondary system. 12
The council shall prepare a report in conjunction with the accountability reporting 13
described in KRS 164.095, which shall be submitted to the committee, the 14
Governor, and the General Assembly by December 1 annually. This report shall 15
include a description of contributions by postsecondary institutions to the quality of 16
elementary and secondary education in the Commonwealth; 17
(4) Review, revise, and approve the missions of the state's universities and the 18
Kentucky Community and Technical College System. The Council on 19
Postsecondary Education shall have the final authority to determine the compliance 20
of postsecondary institutions with their academic, service, and research missions; 21
(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 22
provide for an integrated system of postsecondary education. The council shall 23
guard against inappropriate and unnecessary conflict and duplication by promoting 24
transferability of credits and easy access of information among institutions; 25
(6) Engage in analyses and research to determine the overall needs of postsecondary 26
education and adult education in the Commonwealth; 27 UNOFFICIAL COPY 24 RS BR 249
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(7) Develop plans that may be required by federal legislation. The council shall for all 1
purposes of federal legislation relating to planning be considered the "single state 2
agency" as that term may be used in federal legislation. When federal legislation 3
requires additional representation on any "single state agency," the Council on 4
Postsecondary Education shall establish advisory groups necessary to satisfy federal 5
legislative or regulatory guidelines; 6
(8) (a) Determine tuition and mandatory student fees and approve the minimum 7
qualifications for admission to the state postsecondary educational system in 8
accordance with the following:[.] 9
1. Tuition and mandatory student fees shall not be increased for any 10
program more than five percent (5%) a year for incoming Kentucky 11
resident students and seven percent (7%) a year for any non-Kentucky 12
resident students without approval from the General Assembly; 13
2. Tuition and mandatory student fees at the University of Louisville, the 14
University of Kentucky, or a comprehensive university shall not be 15
increased for a resident student until the student completes four (4) 16
continuous years of enrollment in a program, graduates from a 17
program, or upon the termination of the student's enrollment in the 18
program, whichever occurs first; 19
3. If a resident student remains enrolled in a program at the University 20
of Louisville, the University of Kentucky, or a comprehensive 21
university after four (4) years, the tuition and mandatory student fees 22
charged to the student for any subsequent term in the program shall 23
not exceed the amount of tuition and mandatory student fees for an 24
incoming resident student in the same program that term; 25
4. An institution shall notify any non-Kentucky resident student or 26
continuing resident student of any increase in tuition or mandatory 27 UNOFFICIAL COPY 24 RS BR 249
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student fees at least four (4) months prior to the effective date of the 1
increase; 2
5. An increase in tuition and mandatory student fees for any program 3
shall be determined by the council and approved by a governing board 4
no later than the March 1 prior to the start of the school year for 5
which the increase will first apply; and 6
6. For the purposes of this paragraph: 7
a. "Mandatory student fee" means any fee or cost assessed to all 8
students enrolled in an institution or program of study that is not 9
tuition, including but not limited to any student recreation or 10
activity fee, student government fee, student health plan, 11
mandatory meal plan, facility fee, or technology fee; and 12
b. "Program" means an institution's undergraduate program or a 13
specific graduate program. A student shall not be deemed to have 14
switched programs upon switching from one undergraduate 15
major to another. 16
(b) In defining residency, the council shall classify a student as having Kentucky 17
residency if the student met the residency requirements at the beginning of his 18
or her last year in high school and enters a Kentucky postsecondary education 19
institution within two (2) years of high school graduation. In determining the 20
tuition for non-Kentucky residents, the council shall consider the fees required 21
of Kentucky students by institutions in adjoining states, the resident fees 22
charged by other states, the total actual per student cost of training in the 23
institutions for which the fees are being determined, and the ratios of 24
Kentucky students to non-Kentucky students comprising the enrollments of 25
the respective institutions, and other factors the council may in its sole 26
discretion deem pertinent, except that the Kentucky Community and 27 UNOFFICIAL COPY 24 RS BR 249
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Technical College System may assess a mandatory student fee not to exceed 1
eight dollars ($8) per credit hour to be used exclusively for debt service on 2
amounts not to exceed seventy-five percent (75%) of the total projects cost of 3
the Kentucky Community and Technical College System agency bond 4
projects included in 2014 Ky. Acts ch. 117, Part II, J., 11. 5
(c)[(b)] The Kentucky Community and Technical College System mandatory fee 6
established in this subsection shall only be used for debt service on agency 7
bond projects. 8
(d)[(c)] Any fee established as provided by this subsection shall cease to be 9
assessed upon the retirement of the project bonds for which it services debt. 10
(e)[(d)] Prior to the issuance of any bonds, the Kentucky Community and 11
Technical College System shall certify in writing to the secretary of the 12
Finance and Administration Cabinet that sufficient funds have been raised to 13
meet the local match equivalent to twenty-five percent (25%) of the total 14
project cost; 15
(9) Devise, establish, and periodically review and revise policies to be used in making 16
recommendations to the Governor for consideration in developing 17
recommendations to the General Assembly for appropriations to the universities, 18
the Kentucky Community and Technical College System, and to support strategies 19
for persons to maintain necessary levels of literacy throughout their lifetimes. The 20
council has sole discretion, with advice of the Strategic Committee on 21
Postsecondary Education and the executive officers of the postsecondary education 22
system, to devise policies that provide for allocation of funds among the 23
universities and the Kentucky Community and Technical College System; 24
(10) Lead and provide staff support for the biennial budget process as provided under 25
KRS Chapter 48, in cooperation with the committee; 26
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 27 UNOFFICIAL COPY 24 RS BR 249
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capital construction projects covered by KRS 45.750(1)(f), including real 1
property acquisitions, and regardless of the source of funding for projects or 2
acquisitions. Approval of capital projects and real property acquisitions shall 3
be on a basis consistent with the strategic agenda and the mission of the 4
respective universities and the Kentucky Community and Technical College 5
System. 6
(b) The organized groups that are establishing community college satellites as 7
branches of existing community colleges in the counties of Laurel, Leslie, and 8
Muhlenberg, and that have substantially obtained cash, pledges, real property, 9
or other commitments to build the satellite at no cost to the Commonwealth, 10
other than operating costs that shall be paid as part of the operating budget of 11
the main community college of which the satellite is a branch, are authorized 12
to begin construction of the satellite on or after January 1, 1998; 13
(12) Require reports from the executive officer of each institution it deems necessary for 14
the effectual performance of its duties; 15
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 16
services and programs provided by private postsecondary institutions and shall 17
promote maximum cooperation between the state postsecondary system and private 18
postsecondary institutions. Receive and consider an annual report prepared by the 19
Association of Independent Kentucky Colleges and Universities stating the 20
condition of independent institutions, listing opportunities for more collaboration 21
between the state and independent institutions and other information as appropriate; 22
(14) Establish course credit, transfer, and degree components as required in KRS 23
164.2951; 24
(15) Define and approve the offering of all postsecondary education technical, associate, 25
baccalaureate, graduate, and professional degree, certificate, or diploma programs 26
in the public postsecondary education institutions. The council shall expedite 27 UNOFFICIAL COPY 24 RS BR 249
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wherever possible the approval of requests from the Kentucky Community and 1
Technical College System board of regents relating to new certificate, diploma, 2
technical, or associate degree programs of a vocational-technical and occupational 3
nature. Without the consent of the General Assembly, the council shall not abolish 4
or limit the total enrollment of the general program offered at any community 5
college to meet the goal of reasonable access throughout the Commonwealth to a 6
two (2) year course of general studies designed for transfer to a baccalaureate 7
program. This does not restrict or limit the authority of the council, as set forth in 8
this section, to eliminate or make changes in individual programs within that 9
general program; 10
(16) Eliminate, in its discretion, existing programs or make any changes in existing 11
academic programs at the state's postsecondary educational institutions, taking into 12
consideration these criteria: 13
(a) Consistency with the institution's mission and the strategic agenda; 14
(b) Alignment with the priorities in the strategic implementation plan for 15
achieving the strategic agenda; 16
(c) Elimination of unnecessary duplication of programs within and among 17
institutions; and 18
(d) Efforts to create cooperative programs with other institutions through 19
traditional means, or by use of distance learning technology and electronic 20
resources, to achieve effective and efficient program delivery; 21
(17) Ensure the governing board and faculty of all postsecondary education institutions 22
are committed to providing instruction free of discrimination against students who 23
hold political views and opinions contrary to those of the governing board and 24
faculty; 25
(18) Review proposals and make recommendations to the Governor regarding the 26
establishment of new public community colleges, technical institutions, and new 27 UNOFFICIAL COPY 24 RS BR 249
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four (4) year colleges; 1
(19) Postpone the approval of any new program at a state postsecondary educational 2
institution, unless the institution has met its equal educational opportunity goals, as 3
established by the council. In accordance with administrative regulations 4
promulgated by the council, those institutions not meeting the goals shall be able to 5
obtain a temporary waiver, if the institution has made substantial progress toward 6
meeting its equal educational opportunity goals; 7
(20) Ensure the coordination, transferability, and connectivity of technology among 8
postsecondary institutions in the Commonwealth including the development and 9
implementation of a technology plan as a component of the strategic agenda; 10
(21) Approve the teacher education programs in the public institutions that comply with 11
standards established by the Education Professional Standards Board pursuant to 12
KRS 161.028; 13
(22) Constitute the representative agency of the Commonwealth in all matters of 14
postsecondary education of a general and statewide nature which are not otherwise 15
delegated to one (1) or more institutions of postsecondary learning. The 16
responsibility may be exercised through appropriate contractual relationships with 17
individuals or agencies located within or without the Commonwealth. The authority 18
includes but is not limited to contractual arrangements for programs of research, 19
specialized training, and cultural enrichment; 20
(23) Maintain procedures for the approval of a designated receiver to provide for the 21
maintenance of student records of the public institutions of higher education and the 22
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 23
165A.310 which offer collegiate level courses for academic credit, which cease to 24
operate. Procedures shall include assurances that, upon proper request, subject to 25
federal and state laws and regulations, copies of student records shall be made 26
available within a reasonable length of time for a minimum fee; 27 UNOFFICIAL COPY 24 RS BR 249
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(24) Monitor and transmit a report on compliance with KRS 164.351 to the director of 1
the Legislative Research Commission for distribution to the Interim Joint 2
Committee on Families and Children; 3
(25) (a) Develop in cooperation with each public university and the Kentucky 4
Community and Technical College System a comprehensive orientation and 5
education program for new members of the council and the governing boards 6
and continuing education opportunities for all council and board members. 7
For new members of the council and institutional governing boards, the 8
council shall: 9
1. Ensure that the orientation and education program comprises six (6) 10
hours of instruction time and includes but is not limited to information 11
concerning the roles of the council and governing board members, the 12
strategic agenda and the strategic implementation plan, and the 13
respective institution's mission, budget and finances, strategic plans and 14
priorities, institutional policies and procedures, board fiduciary 15
responsibilities, legal considerations including open records and open 16
meetings requirements, ethical considerations arising from board 17
membership, and the board member removal and replacement 18
provisions of KRS 63.080; 19
2. Establish delivery methods by which the orientation and education 20
program can be completed in person or electronically by new members 21
within one (1) year of their appointment or election; 22
3. Provide an annual report to the Governor and Legislative Research 23
Commission of those new board members who do not complete the 24
required orientation and education program; and 25
4. Invite governing board members of private colleges and universities 26
licensed by the Council on Postsecondary Education to participate in the 27 UNOFFICIAL COPY 24 RS BR 249
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orientation and education program described in this subsection; 1
(b) Offer, in cooperation with the public universities and the Kentucky 2
Community and Technical College System, continuing education 3
opportunities for all council and governing board members; and 4
(c) Review and approve the orientation programs of each public university and 5
the Kentucky Community and Technical College System for their governing 6
board members to ensure that all programs and information adhere to this 7
subsection; 8
(26) Develop a financial reporting procedure to be used by all state postsecondary 9
education institutions to ensure uniformity of financial information available to 10
state agencies and the public; 11
(27) Select and appoint a president of the council under KRS 164.013; 12
(28) Employ consultants and other persons and employees as may be required for the 13
council's operations, functions, and responsibilities; 14
(29) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 15
governing its powers, duties, and responsibilities as described in this section; 16
(30) Prepare and present by January 31 of each year an annual status report on 17
postsecondary education in the Commonwealth to the Governor, the Strategic 18
Committee on Postsecondary Education, and the Legislative Research Commission; 19
(31) Consider the role, function, and capacity of independent institutions of 20
postsecondary education in developing policies to meet the immediate and future 21
needs of the state. When it is found that independent institutions can meet state 22
needs effectively, state resources may be used to contract with or otherwise assist 23
independent institutions in meeting these needs; 24
(32) Create advisory groups representing the presidents, faculty, nonteaching staff, and 25
students of the public postsecondary education system and the independent colleges 26
and universities; 27 UNOFFICIAL COPY 24 RS BR 249
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(33) Develop a statewide policy to promote employee and faculty development in state 1
and locally operated secondary area technology centers through the waiver of 2
tuition for college credit coursework in the public postsecondary education system. 3
Any regular full-time employee of a state or locally operated secondary area 4
technology center may, with prior administrative approval of the course offering 5
institution, take a maximum of six (6) credit hours per term at any public 6
postsecondary institution. The institution shall waive the tuition up to a maximum 7
of six (6) credit hours per term. The employee shall complete the Free Application 8
for Federal Student Aid to determine the level of need and eligibility for state and 9
federal financial aid programs. The amount of tuition waived shall not exceed the 10
cost of tuition at the institution less any state or federal grants received, which shall 11
be credited first to the student's tuition; 12
(34) Participate with the Kentucky Department of Education, the Kentucky Board of 13
Education, and postsecondary education institutions to ensure that academic content 14
requirements for successful entry into postsecondary education programs are 15
aligned with high school content standards and that students who master the high 16
school academic content standards shall not need remedial courses. The council 17
shall monitor the results on an ongoing basis; 18
(35) Cooperate with the Kentucky Department of Education and the Education 19
Professional Standards Board in providing information sessions to selected 20
postsecondary education content faculty and teacher educators of the high school 21
academic content standards as required under KRS 158.6453(2)(l); 22
(36) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 23
participation of the public institutions as required in KRS 151B.133; 24
(37) Pursuant to KRS 63.080, review written notices from the Governor or from a board 25
of trustees or board of regents concerning removal of a board member or the entire 26
appointed membership of a board, investigate the member or board and the conduct 27 UNOFFICIAL COPY 24 RS BR 249
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alleged to support removal, and make written recommendations to the Governor 1
and the Legislative Research Commission as to whether the member or board 2
should be removed; and 3
(38) Exercise any other powers, duties, and responsibilities necessary to carry out the 4
purposes of this chapter. Nothing in this chapter shall be construed to grant the 5
Council on Postsecondary Education authority to disestablish or eliminate any 6
college of law which became a part of the state system of higher education through 7
merger with a state college. 8
Section 2. KRS 164.131 is amended to read as follows: 9
(1) (a) The government of the University of Kentucky is vested in a board of trustees 10
appointed for a term set by law pursuant to Section 23 of the Constitution of 11
Kentucky. 12
(b) All appointed and elected persons shall be required to attend and complete an 13
orientation and education program prescribed by the council under KRS 14
164.020(25), as a condition of their service and eligibility for appointment or 15
election to a second term. 16
(c) The board shall periodically evaluate the institution's progress in 17
implementing its missions, goals, and objectives to conform to the strategic 18
agenda. Officers and officials shall be held accountable for the status of the 19
institution's progress. 20
(d) Board members may be removed by the Governor under the following 21
circumstances: 22
1. For cause, pursuant to KRS 63.080(2); or 23
2. Pursuant to KRS 63.080(3) or (4). 24
(e) The board shall consist of: 25
1. Sixteen (16) members appointed by the Governor;[,] 26
2. Two (2) members of the faculty of the University of Kentucky;[,] 27 UNOFFICIAL COPY 24 RS BR 249
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3. One (1) member of the University of Kentucky nonteaching 1
personnel;[,] and 2
4. Three (3) members[one (1) member] of the student body of the 3
University of Kentucky, selected in accordance with the following: 4
a. One (1) shall be the student body president during the 5
appropriate academic year; 6
b. One (1) shall be the student body vice president during the 7
appropriate academic year; and 8
c. One (1) shall be a full-time graduate student elected by the 9
graduate student body.[ The members appointed by the Governor 10
shall be subject to confirmation by the Senate.] 11
(f) The [voting ]members of the board identified in paragraph (e)4. of this 12
subsection shall select a chairperson annually. 13
(2) (a) The terms of the appointed members shall be for six (6) years and until their 14
successors are appointed and qualified, unless a member is removed by the 15
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial 16
appointments shall be as follows: 17
1. Two (2) members shall serve one (1) year terms; 18
2. Two (2) members shall serve two (2) year terms, one (1) of whom shall 19
be a graduate of the university, selected from a list of three (3) names 20
submitted by the alumni of the university according to rules established 21
by the board of trustees; 22
3. Three (3) members shall serve three (3) year terms; 23
4. Three (3) members shall serve four (4) year terms, one (1) of whom 24
shall be a graduate of the university, selected as under subparagraph 2. 25
of this subsection; 26
5. Three (3) members shall serve five (5) year terms; and 27 UNOFFICIAL COPY 24 RS BR 249
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6. Three (3) members shall serve six (6) year terms, one (1) of whom shall 1
be a graduate of the university, selected as under subparagraph 2. of this 2
subsection]. 3
(b) 1. Three (3) of the appointments shall be graduates of the university and 4
may include one (1) graduate of the institution who resides outside the 5
Commonwealth; 6
2. Three (3) of the appointments shall be representative of agricultural 7
interests; and 8
3. Ten (10) of the appointments shall be other distinguished citizens 9
representative of the learned professions and may include one (1) who 10
resides outside of Kentucky. 11
(c) The Governor shall make the appointments so as to reflect proportional 12
representation of the two (2) leading political parties of the Commonwealth 13
based on the state's voter registration and the political affiliation of each 14
appointee as of December 31 of the year preceding the date of his or her 15
appointment, and to reflect no less than proportional representation of the 16
minority racial composition of the Commonwealth based on the total minority 17
racial population using the most recent census or estimate data from the 18
United States Census Bureau. If the determination of proportional minority 19
representation does not result in a whole number of minority members, it shall 20
be rounded up to the next whole number. A particular political affiliation shall 21
not be a prerequisite to appointment to the board generally; however, if any 22
person is appointed to the board that does not represent either of the two (2) 23
leading political parties of the Commonwealth, the proportional representation 24
by political affiliation requirement shall be determined and satisfied based on 25
the total number of members on the board less any members not affiliated 26
with either of the two (2) leading political parties. 27 UNOFFICIAL COPY 24 RS BR 249
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(d) Appointments to fill vacancies shall be made for the unexpired term in the 1
same manner as provided for the original appointments. 2
(3) The two (2) University of Kentucky faculty members shall be of the rank of 3
assistant professor or above. They shall be elected by secret ballot by all University 4
of Kentucky faculty members of the rank of assistant professor or above. Faculty 5
members shall serve for terms of three (3) years and until their successors are 6
elected and qualified. Faculty members shall be eligible for reelection, but they 7
shall be ineligible to continue to serve as members of the board of trustees if they 8
cease to be members of the faculty of the university. Elections to fill vacancies shall 9
be for the unexpired term in the same manner as provided for original elections. 10
(4) The nonteaching personnel member shall be any full-time staff member, excluding 11
the president, vice-presidents, academic deans, and academic department 12
chairpersons. The staff member shall represent all nonteaching university 13
employees, including but not limited to building facilities and clerical personnel. 14
The staff member shall be elected by secret ballot by the nonteaching employees. 15
The staff member shall serve a term of three (3) years and until a successor is 16
elected and qualified. The staff member shall be eligible for reelection, but a staff 17
member who ceases being an employee of the university shall not be eligible to 18
continue to serve as a member of the board. Elections to fill vacancies shall be for 19
the unexpired term and shall be held in the same manner as provided for the 20
original election. 21
(5) (a) The student members[member] shall serve a one (1) year term beginning on 22
July 1 after being elected[ and sworn in as] to be a student member of the 23
board[student body president] and ending on the following June 30. 24
(b) If a[the] student member does not maintain [the position of student body 25
president or ]the status of a full-time student at any time during that academic 26
year, a special election shall be held to select a new full-time student member. 27 UNOFFICIAL COPY 24 RS BR 249
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The newly elected student member shall serve for the remainder of the 1
unexpired term. 2
(6) The number of student and employee trustees of the University of Kentucky elected 3
to the board shall not exceed six (6)[four (4)]. 4
(7) Unless specifically approved by the board of trustees under the provisions of KRS 5
164.367, no member of the administrative staff of the university shall be directly or 6
indirectly interested in any contract with the university for the sale of property, 7
materials, supplies, equipment, or services, with exception of compensation to the 8
two (2) faculty members[,] and the one (1) nonteaching personnel member. 9
(8) New appointees of the board shall not serve more than two (2) consecutive terms. 10
(9) The inability of the board to hold regular meetings, to elect a chairperson annually, 11
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 12
annual evaluation of the president of the university, or to carry out its primary 13
function to periodically evaluate the institution's progress in implementing its 14
mission, goals, and objectives to conform to the strategic agenda shall be cause for 15
the Governor to remove all appointed members of the board and replace the entire 16
appointed membership pursuant to KRS 63.080(4). 17
Section 3. KRS 164.821 is amended to read as follows: 18
(1) (a) The government of the University of Louisville is vested in a board of trustees 19
appointed for a term set by law pursuant to Section 23 of the Constitution of 20
Kentucky. The board shall consist of: 21
1. Ten (10) members appointed by the Governor, at least one (1) of these 22
members[whom] shall be a graduate of the university; 23
2. Two (2) members[One (1) member] of the teaching faculty of the 24
University of Louisville:[ who] 25
a. One (1) shall be the chief executive of the ranking unit of faculty 26
government; and 27 UNOFFICIAL COPY 24 RS BR 249
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b. One (1) shall be of the rank of assistant professor or above who 1
is elected by secret ballot by all University of Louisville faculty 2
members of the rank of assistant professor or above; 3
3. One (1) member of the permanent staff of the University of Louisville 4
who shall be the chief executive of the staff senate; and 5
4. Three (3)[one (1)] student members selected in accordance with the 6
following:[member who shall be] 7
a. One (1) shall be the president of the student body during the 8
appropriate academic year; 9
b. One (1) shall be the executive vice president of the student body 10
during the appropriate academic year; and 11
c. One (1) shall be a full-time graduate student elected by the 12
graduate student body. [The members appointed by the Governor 13
shall be subject to confirmation by the Senate.] 14
(b)[(a)] All appointed and elected persons shall be required to attend and 15
complete an orientation and education program prescribed by the council 16
under KRS 164.020(25), as a condition of their service and eligibility for 17
appointment or election to a second term. 18
(c)[(b)] Board members may be removed by the Governor under the following 19
circumstances: 20
1. For cause, pursuant to KRS 63.080(2); or 21
2. Pursuant to KRS 63.080(3) or(4). 22
(d)[(c)] New appointees to the board shall not serve more than two (2) 23
consecutive terms. 24
(2) (a) The student members[member] shall serve a one (1) year term beginning on 25
July 1 after being elected [and sworn in as ]to be a student member of the 26
board[student body president] and ending on the following June 30. 27 UNOFFICIAL COPY 24 RS BR 249
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(b) If a[the] student member does not maintain [the position of student body 1
president or ]the status of a full-time student at any time during that academic 2
year, a special election shall be held to select a new full-time student member. 3
The newly elected student member shall serve for the remainder of the 4
unexpired term. 5
(3) The faculty members[member] and staff member shall serve one (1) year terms and 6
cease to be eligible for membership on the board of trustees upon termination of 7
their respective relationships with, or leadership positions within, the university, 8
and vacancies occurring for this reason shall be filled for the remainder of the 9
respective terms in the same manner. 10
(4) The gubernatorial appointments shall serve a term of six (6) years and until their 11
successors are appointed and qualified, unless a member is removed by the 12
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial terms shall be as 13
follows: 14
(a) Two (2) members shall serve one (1) year terms; 15
(b) Two (2) members shall serve two (2) year terms; 16
(c) Two (2) members shall serve three (3) year terms; 17
(d) Two (2) members shall serve four (4) year terms; 18
(e) One (1) member shall serve a five (5) year term; and 19
(f) One (1) member shall serve a six (6) year term]. 20
(5) The Governor shall make his or her at-large appointments so as to divide the 21
appointed representation upon the board to reflect: 22
(a) The proportional representation of the two (2) leading political parties in the 23
Commonwealth based on the state's voter registration and the political 24
affiliation of each appointee as of December 31 of the year preceding the date 25
of his or her appointment. A particular political affiliation shall not be a 26
prerequisite to appointment to the board generally; however, if any person is 27 UNOFFICIAL COPY 24 RS BR 249
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appointed to the board that does not represent either of the two (2) leading 1
political parties of the Commonwealth, the proportional representation by 2
political affiliation requirement shall be determined and satisfied based on the 3
total number of members on the board less any members not affiliated with 4
either of the two (2) leading political parties; and 5
(b) No less than the proportional representation of the minority racial composition 6
of the Commonwealth based on the total minority racial population using the 7
most recent census or estimate data from the United States Census Bureau. If 8
the determination of proportional minority representation does not result in a 9
whole number of minority members, it shall be rounded up to the next whole 10
number. 11
(6) Vacancies among the appointed members of the board occurring by death, 12
resignation, or any other cause, other than expiration of a term, shall be filled by 13
appointments made by the Governor for the remainder of the unexpired term, 14
subject to the qualifications set forth in this section. 15
(7) Unless specifically approved by the board of trustees under the provisions of KRS 16
164.367, no member of the teaching or administrative staff of the university shall be 17
directly or indirectly interested in any contract with the university for the sale of 18
property, materials, supplies, equipment, or services, with the exception of 19
compensation to the faculty, staff, and student members. 20
(8) The inability of the board to hold regular meetings, to elect a chairperson annually, 21
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 22
annual evaluation of the president of the university, to carry out its primary function 23
to periodically evaluate the institution's progress in implementing its mission, goals, 24
and objectives to conform to the strategic agenda, or to otherwise perform its duties 25
under KRS 164.830 shall be cause for the Governor to remove all appointed 26
members of the board and replace the entire appointed membership pursuant to 27 UNOFFICIAL COPY 24 RS BR 249
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KRS 63.080(4). 1
Section 4. KRS 164.321 is amended to read as follows: 2
(1) Eastern Kentucky University, Morehead State University, Murray State University, 3
Western Kentucky University, Kentucky State University, Northern Kentucky 4
University, and the Kentucky Community and Technical College System shall each 5
be governed by a board of regents appointed for a term set by law pursuant to 6
Section 23 of the Constitution of Kentucky. 7
(a) Each board of the comprehensive universities shall consist of: 8
1. Eight (8) members appointed by the Governor;[,] 9
2. Two (2) members[One (1) member] of the teaching faculty;[,] 10
3. One (1) member of the university nonteaching personnel;[,] and 11
4. Three (3) members[one (1) member] of the student body of the 12
respective university or college, selected in accordance with the 13
following:[.] 14
a. One (1) shall be the president of the student body during the 15
appropriate academic year; 16
b. One (1) shall be the vice president of the student body during the 17
appropriate academic year; and 18
c. One (1) shall be a full-time graduate student elected by the 19
graduate student body[The members appointed by the Governor 20
shall be subject to confirmation by the Senate]. 21
(b) The members of the board shall select a chairperson annually. 22
(c)[(b)] The board of the Kentucky Community and Technical College System 23
shall consist of eight (8) members appointed by the Governor, two (2) 24
members of the teaching faculty, two (2) members of the nonteaching 25
personnel, and four (4)[two (2)] members of the student body.[ The members 26
appointed by the Governor shall be subject to confirmation by the Senate.] 27 UNOFFICIAL COPY 24 RS BR 249
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1. No more than three (3) appointed members of the board shall reside in 1
any one (1) judicial district of the Kentucky Supreme Court as of the 2
date of the appointment. 3
2. A change in residency of a gubernatorial appointee after the date of 4
appointment shall not affect the appointee's ability to serve or eligibility 5
for reappointment, except an appointee who assumes residency outside 6
the fifty (50) United States shall become immediately ineligible to serve. 7
The Council on Postsecondary Education shall notify the appointee of 8
his or her ineligibility to serve. 9
3. In making initial appointments, the Governor shall act so as to provide 10
equal representation of the two (2) sexes. In filling vacancies, the 11
Governor shall act so as to provide, inasmuch as possible, equal 12
representation of the two (2) sexes by appointing a member of the sex 13
that is the lesser represented at the time of the appointment. If the 14
remaining membership already has an equal number of males and 15
females, the Governor may appoint a member of either sex. 16
(2) The terms of appointed members shall be for six (6) years and until their successors 17
are appointed and qualified, unless a member is removed by the Governor pursuant 18
to KRS 63.080(2), (3), or (4). [, except the initial appointments to the board of 19
regents for the Kentucky Community and Technical College System shall be as 20
follows: 21
(a) One (1) member shall serve a one (1) year term; 22
(b) One (1) member shall serve a two (2) year term; 23
(c) Two (2) members shall serve three (3) year terms; 24
(d) One (1) member shall serve a four (4) year term; 25
(e) One (1) member shall serve a five (5) year term; and 26
(f) Two (2) members shall serve six (6) year terms. 27 UNOFFICIAL COPY 24 RS BR 249
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]New appointees of a board of regents shall not serve for more than two (2) 1
consecutive terms. 2
(3) The gubernatorial appointments may include one (1) graduate of the respective 3
institution who resides outside the Commonwealth. Not more than two (2) 4
appointed members of any board shall be residents of one (1) county. The 5
appointments shall reflect the proportional representation of the two (2) leading 6
political parties of the Commonwealth based on the state's voter registration and the 7
political affiliation of each appointee as of December 31 of the year preceding the 8
date of his or her appointment. A particular political affiliation shall not be a 9
prerequisite to appointment to any board generally; however, if any person is 10
appointed to a board that does not represent either of the two (2) leading political 11
parties of the Commonwealth, the proportional representation by political affiliation 12
requirement shall be determined and satisfied based on the total number of 13
members on the board less any members not affiliated with either of the two (2) 14
leading political parties. Membership on the board shall reflect no less than 15
proportional representation of the minority racial composition of the 16
Commonwealth based on the total minority racial population using the most recent 17
census or estimate data from the United States Census Bureau. If the determination 18
of proportional minority representation does not result in a whole number of 19
minority members, it shall be rounded up to the next whole number. Membership 20
on the board shall not be incompatible with any state office. A change in residency 21
after the date of appointment shall not affect a member's ability to serve nor shall it 22
prevent a member's eligibility for reappointment, except a member who assumes 23
residency outside the fifty (50) United States shall become immediately ineligible 24
to serve. The Council on Postsecondary Education shall notify the appointee of his 25
or her ineligibility to serve. 26
(4) Appointments to fill vacancies shall be made in the same manner and within the 27 UNOFFICIAL COPY 24 RS BR 249
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same time after the occurrence of the vacancy as regular appointments. The person 1
appointed shall hold the position for the unexpired term only. 2
(5) Each member of the board shall serve for the term for which the member is 3
appointed and until a successor is appointed and qualified, unless a member is 4
removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 5
(6) (a) The faculty members[member] of a comprehensive university board shall be[ 6
a] teaching or research members[member] of the faculty of their[his or her] 7
respective university of the rank of assistant professor or above. The faculty 8
members[member] shall be elected by secret ballot by all faculty members of 9
the[his or her] university of the rank of instructor, assistant professor, or 10
above. The faculty members[member] shall serve for a term of three (3) years 11
and until a[his] successor is elected and qualified. The faculty 12
members[member] shall be eligible for reelection, but [he or she ]shall not be 13
eligible to continue to serve as a member of the board if the member[he or 14
she] ceases being a member of the teaching staff of the university. Elections to 15
fill vacancies shall be for the unexpired term in the same manner as provided 16
for the original election. 17
(b) The faculty members of the Kentucky Community and Technical College 18
System shall be represented by one (1) faculty member elected from the 19
community colleges and one (1) faculty member elected from the technical 20
institutions to serve three (3) year terms and until their successors are named. 21
The faculty representative of each branch shall be elected by means of a 22
process established by the board. The faculty members may be reelected but 23
shall not serve more than two (2) consecutive terms. A faculty member shall 24
be ineligible to continue to serve as a member of the board if he or she ceases 25
to be a member of the faculty at one (1) of the institutions within the system. 26
Elections to fill vacancies shall be for the unexpired term in the same manner 27 UNOFFICIAL COPY 24 RS BR 249
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as provided for the original election. [These two (2) members shall 1
collectively have one (1) vote which may be cast one-half (1/2) vote by each 2
member.] 3
(7) (a) The nonteaching personnel member in a comprehensive university shall be 4
any full-time staff member excluding the president, vice presidents, academic 5
deans, and academic department chairpersons. He or she shall represent all 6
nonteaching university employees including, but not limited to, building 7
facilities and clerical personnel. The member shall be elected by secret ballot 8
by the nonteaching employees. The nonteaching personnel member shall 9
serve a term of three (3) years and until a successor is elected and qualified. 10
The nonteaching personnel member shall be eligible for reelection, but he or 11
she shall not be eligible to continue to serve as a member of the board if he or 12
she ceases being an employee of the university. Elections to fill vacancies 13
shall be for the unexpired term in the same manner as provided for the 14
original election. 15
(b) The nonteaching personnel members in the Kentucky Community and 16
Technical College System shall be any full-time staff member excluding a 17
president, chancellor, vice president, academic dean, academic department 18
chair, or other administrator. They shall represent all nonteaching employees 19
in their respective branch institutions including, but not limited to, support 20
and clerical personnel. One (1) member shall be a representative from the 21
community colleges and one (1) member shall be a representative from the 22
technical institutions. They shall serve three (3) year terms and until their 23
successors are named. [These two (2) members shall collectively have one (1) 24
vote which may be cast one-half (1/2) vote by each member. ]The 25
nonteaching personnel members of each branch shall be elected by means of a 26
process established by the board. A nonteaching personnel member may be 27 UNOFFICIAL COPY 24 RS BR 249
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reelected but shall not serve more than two (2) consecutive terms. A 1
nonteaching employee shall be ineligible to continue to serve as a member of 2
the board if that employee ceases to be a nonteaching employee at one (1) of 3
the institutions within the system. Elections to fill vacancies shall be for the 4
unexpired term in the same manner as provided for the original election. 5
(8) (a) The student members[member] on a comprehensive university board shall 6
serve a one (1) year term beginning on July 1 after being elected[ and sworn 7
in as] to be a student member of the board[student body president] and 8
ending on the following June 30. If a[the] student member does not maintain 9
[the position as student body president or ]the status as a full-time student at 10
any time during that academic year, a special election shall be held to select a 11
new full-time student member. The newly elected student member shall serve 12
for the remainder of the unexpired term. 13
(b) Four (4)[Two (2)] full-time student members shall be elected to the board of 14
regents for the Kentucky Community and Technical College System. Two 15
(2)[One (1)] shall be elected by[represent] students of the community colleges 16
and two (2)[one (1)] shall be elected by students of[represent] the technical 17
institutions. [The student members shall be elected by means of a process 18
established by the board. ]The student members shall serve one (1) year terms 19
beginning on July 1 after being elected to be[and sworn in as] a student 20
member of the board and ending on the following June 30. If a[the] student 21
member does not maintain the status as a full-time student, a special election 22
shall be held to fill the vacancy for the remainder of the unexpired term. [The 23
two (2) members shall collectively have one (1) vote which may be cast one-24
half (1/2) vote by each member.] 25
(9) All appointed and elected persons shall be required to attend and complete an 26
orientation and education program prescribed by the council under KRS 27 UNOFFICIAL COPY 24 RS BR 249
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164.020(25), as a condition of their service and eligibility for appointment or 1
election to a second term. 2
(10) Board members may be removed by the Go vernor under the following 3
circumstances: 4
(a) For cause, pursuant to KRS 63.080(2); or 5
(b) Pursuant to KRS 63.080(3) or (4). 6
(11) The inability of the board or boards of the comprehensive universities or Kentucky 7
Community and Technical College System to hold quarterly meetings, to elect a 8
chairperson annually, to establish a quorum, to adopt an annual budget, to set 9
tuition rates, to conduct an annual evaluation of the president of the university or 10
system, to carry out its primary function to periodically evaluate the university's or 11
system's progress in implementing its mission, goals, and objectives to conform to 12
the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be 13
cause for the Governor to remove all appointed members of the board or boards and 14
replace the entire appointed membership pursuant to KRS 63.080(4). 15
Section 5. KRS 164.7874 is amended to read as follows: 16
As used in KRS 164.7871 to 164.7885: 17
(1) "Academic term" means a semester or other time period specified in an 18
administrative regulation promulgated by the authority; 19
(2) "Academic year" means a period consisting of at least the minimum school term, as 20
defined in KRS 158.070; 21
(3) "ACT score" means the composite score achieved on the American College Test at 22
a national test site on a national test date or the college admissions examination 23
administered statewide under KRS 158.6453(5)(b)5. if the exam is the ACT, or an 24
equivalent score, as determined by the authority, on the SAT administered by the 25
College Board, Inc.; 26
(4) "Authority" means the Kentucky Higher Education Assistance Authority; 27 UNOFFICIAL COPY 24 RS BR 249
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(5) "Award period" means the fall and spring consecutive academic terms within one 1
(1) academic year; 2
(6) "Council" means the Council on Postsecondary Education created under KRS 3
164.011; 4
(7) "Eligible high school student" means any person who: 5
(a) Is a citizen, national, or permanent resident of the United States and Kentucky 6
resident; 7
(b) Was enrolled after July 1, 1998: 8
1. In a Kentucky high school for at least one hundred forty (140) days of 9
the minimum school term unless exempted by the authority's executive 10
director upon documentation of extreme hardship, while meeting the 11
KEES curriculum requirements, and was enrolled in a Kentucky high 12
school at the end of the academic year; 13
2. In a Kentucky high school for the fall academic term of the senior year 14
and who: 15
a. Was enrolled during the entire academic term; 16
b. Completed the high school's graduation requirements during the 17
fall academic term; and 18
c. Was not enrolled in a secondary school during any other academic 19
term of that academic year; or 20
3. In the Gatton Academy of Mathematics and Science in Kentucky, the 21
Craft Academy for Excellence in Science and Mathematics, or in high 22
school at a model and practice school under KRS 164.380 while meeting 23
the Kentucky educational excellence scholarship curriculum 24
requirements; 25
(c) Has a grade point average of 2.5 or above at the end of any academic year 26
beginning after July 1, 1998, or at the end of the fall academic term for a 27 UNOFFICIAL COPY 24 RS BR 249
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student eligible under paragraph (b) 2. of this subsection; and 1
(d) Is not a convicted felon; 2
(8) "Eligible postsecondary student" means a citizen, national, or permanent resident of 3
the United States and Kentucky resident, as determined by the participating 4
institution in accordance with criteria established by the council for the purposes of 5
admission and tuition assessment, who: 6
(a) Earned a KEES award; 7
(b) Has the required postsecondary GPA and credit hours required under KRS 8
164.7881; 9
(c) Has remaining semesters of eligibility under KRS 164.7881; 10
(d) Is enrolled in a participating institution as a part-time or full-time student; and 11
(e) Is not a convicted felon; 12
(9) "Full-time student" means a student enrolled in a postsecondary program of study 13
that meets the full-time student requirements of the participating institution in 14
which the student is enrolled; 15
(10) "Grade point average" or "GPA" means the grade point average earned by an 16
eligible student and reported by the high school or participating institution in which 17
the student was enrolled based on a scale of 4.0 or its equivalent if the high school 18
or participating institution that the student attends does not use the 4.0 grade scale; 19
(11) "High school" means any Kentucky public high school, the Gatton Academy of 20
Mathematics and Science in Kentucky, the Craft Academy for Excellence in 21
Science and Mathematics, a high school of a model and practice school under KRS 22
164.380, and any private, parochial, or church school located in Kentucky that has 23
been certified by the Kentucky Board of Education as voluntarily complying with 24
curriculum, certification, and textbook standards established by the Kentucky Board 25
of Education under KRS 156.160; 26
(12) "KEES" or "Kentucky educational excellence scholarship" means a scholarship 27 UNOFFICIAL COPY 24 RS BR 249
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provided under KRS 164.7871 to 164.7885; 1
(13) "KEES award" means: 2
(a) For an eligible high school student, the sum of the KEES base amount for 3
each academic year of high school plus any KEES supplemental amount, as 4
adjusted pursuant to KRS 164.7881; and 5
(b) For a student eligible under KRS 164.7879(3)(e), the KEES supplemental 6
amount as adjusted pursuant to KRS 164.7881; 7
(14) "KEES award maximum" means the sum of the KEES base amount earned in each 8
academic year of high school plus any KEES supplemental amount earned; 9
(15) "KEES base amount" or "base amount" means the amount earned by an eligible 10
high school student based on the student's GPA pursuant to KRS 164.7879; 11
(16) "KEES curriculum" means five (5) courses of study, except for students who meet 12
the criteria of subsection (7)(b)2. of this section, in an academic year as determined 13
in accordance with an administrative regulation promulgated by the authority; 14
(17) "KEES supplemental amount" means the amount earned by an eligible student 15
based on the student's ACT score pursuant to KRS 164.7879; 16
(18) "KEES trust fund" means the Wallace G. Wilkinson Kentucky educational 17
excellence scholarship trust fund; 18
(19) "On track to graduate" means the number of cumulative credit hours earned as 19
compared to the number of hours determined by the postsecondary education 20
institution as necessary to complete a bachelor's degree by the end of eight (8) 21
academic terms or ten (10) academic terms if a student is enrolled in an 22
undergraduate program that requires five (5) years of study; 23
(20) "Participating institution" means an "institution" as defined in KRS 164.001 that is 24
eligible to participate in the federal Pell Grant program, executes a contract with the 25
authority on terms the authority deems necessary or appropriate for the 26
administration of its programs, and: 27 UNOFFICIAL COPY 24 RS BR 249
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(a) 1. Is publicly operated; 1
2. Is licensed by the Commonwealth of Kentucky and has operated for at 2
least ten (10) years, offers an associate or baccalaureate degree program 3
of study not comprised solely of sectarian instruction, has at least one 4
(1) voting member of the governing board of the institution that is a 5
full-time student elected by majority vote of the student body of the 6
institution each year, and admits as regular students only high school 7
graduates, recipients of a High School Equivalency Diploma, or students 8
transferring from another accredited degree granting institution; or 9
3. Is designated by the authority as an approved out-of-state institution that 10
offers a degree program in a field of study that is not offered at any 11
institution in the Commonwealth; and 12
(b) Continues to commit financial resources to student financial assistance 13
programs; and 14
(21) "Part-time student" means a student enrolled in a postsecondary program of study 15
who does not meet the full-time student requirements of the participating institution 16
in which the student is enrolled and who is enrolled for at least six (6) credit hours, 17
or the equivalent for an institution that does not use credit hours. 18
Section 6. This Act may be cited as the Kentucky Student Tuition Protection 19
and Accountability Act. 20
Section 7. This Act takes effect July 1, 2028. 21