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AN ACT relating to postsecondary institutions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 8 of this Act: 5
(1) "Affiliated organization" means an entity whose primary purpose includes 6
supporting or benefitting an institution or an officer, director, or employee of an 7
institution; 8
(2) "Bias incident" means noncriminal conduct that is alleged to constitute an act or 9
statement against a particular group or individual because of the group or 10
individual's religion, race, sex, color, or national origin or perceived religion, 11
race, sex, color, or national origin; 12
(3) "Binding contract" means any grant, endowment, settlement agreement, 13
commercial contract, or other legally enforceable agreement entered into by or on 14
behalf of an institution; 15
(4) "Council" means the Council on Postsecondary Education; 16
(5) "Differential treatment or benefits" means differential, preferential, or 17
prejudicial treatment or consideration and includes the conferring or withholding 18
of a benefit; 19
(6) "Discriminatory concept" means a concept that justifies or promotes differential 20
treatment or benefits conferred to individuals on the basis of religion, race, sex, 21
color, or national origin, unless the differential treatment or benefits is: 22
(a) Excluded from a diversity, equity, and inclusion initiative under an 23
exclusion set forth in subsection (7)(b) of this section; or 24
(b) Established or required by law, including but not limited to differential 25
treatment or benefits on the basis of citizenship status; 26
(7) "Diversity, equity, and inclusion initiative": 27 UNOFFICIAL COPY 25 RS BR 193
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(a) Means a policy, practice, or procedure designed or implemented to promote 1
or provide differential treatment or benefits to individuals on the basis of 2
religion, race, sex, color, or national origin, including but not limited to any 3
such policy, practice, or procedure related to employment, employee 4
recruitment, employee hiring, employee promotion, contracts, contract 5
renewal, student recruitment, student admission, student housing, financial 6
assistance, and scholarship awards; and 7
(b) Does not include: 8
1. A policy, practice, procedure, office, employee, training, program, or 9
activity that is required pursuant to: 10
a. The Americans with Disabilities Act of 1990, 42 U.S.C. sec. 11
12101 et seq., as amended; 12
b. The Individuals with Disabilities Education Act, 20 U.S.C. sec. 13
1400 et seq., as amended; 14
c. The Federal Age Discrimination in Employment Act of 1967, 29 15
U.S.C. sec. 621 et seq., as amended; 16
d. The federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 17
amended; 18
e. Title IX of the Education Amendments of 1972, 20 U.S.C. sec. 19
1681 et seq.; 20
f. The Religious Freedom Restoration Act of 1993, 42 U.S.C. 21B 21
sec. 2000bb et seq.; 22
g. The Kentucky Religious Freedom Restoration Act, KRS 446.350; 23
h. Any other applicable federal or state law; 24
i. A court order; or 25
j. A binding contract entered into prior to the effective date of this 26
Act; 27 UNOFFICIAL COPY 25 RS BR 193
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2. A bona fide qualification or accommodation based on sex that are 1
historically maintained in the usual course of operating an institution, 2
including but not limited to: 3
a. Sex-based athletic eligibility restrictions; 4
b. Sex-based fraternal organization membership restrictions; 5
c. Sex-based restrictions required to establish or maintain separate 6
living facilities for members of a single biological sex; or 7
d. Bona fide occupational qualifications reasonably necessary to 8
the normal operation of the institution; 9
3. A bona fide accommodation based on religion that is required under 10
any applicable federal or state law; 11
4. Differential treatment or benefits necessary to provide medical 12
treatment or information; or 13
5. Services and programming of resource centers, provided that the 14
participation of each student, faculty member, staff member, and 15
volunteer in each resource center program is optional, not mandatory, 16
and that access to center services is not restricted on the basis of 17
religion, race, sex, color, or national origin; 18
(8) "Diversity, equity, and inclusion office" means a nonacademic office, division, or 19
other unit of an institution that is: 20
(a) Responsible for developing, implementing, or promoting a discriminatory 21
concept, a diversity, equity, and inclusion training, or a diversity, equity, 22
and inclusion initiative, regardless of whether the office is designated by the 23
institution as a diversity, equity, and inclusion office; and 24
(b) Not expressly required pursuant to applicable federal or state law, a court 25
order, or a binding contract entered into prior to the effective date of this 26
Act; 27 UNOFFICIAL COPY 25 RS BR 193
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(9) "Diversity, equity, and inclusion officer" means an employee, contractor, or 1
volunteer: 2
(a) Whose responsibilities include developing, implementing, or promoting a 3
discriminatory concept, diversity, equity, and inclusion training, or a 4
diversity, equity, and inclusion initiative outside of the context of academic 5
courses or instruction, regardless of whether the position is designated as a 6
diversity, equity, and inclusion position or affiliated with a diversity, equity, 7
and inclusion office; and 8
(b) Who serves in a role that is not expressly required pursuant to applicable 9
federal or state law, a court order, or a binding contract entered into prior 10
to the effective date of this Act; 11
(10) "Diversity, equity, and inclusion training" means a training, conference, 12
presentation, meeting, or professional development that: 13
(a) Contains, implements, or promotes a discriminatory concept; 14
(b) Is not expressly required pursuant to applicable federal or state law, a court 15
order, or a binding contract entered into prior to the effective date of this 16
Act; and 17
(c) Does not include academic courses or instruction; 18
(11) "Governing board" means the governing board of an institution; 19
(12) "Institution" means a public postsecondary education institution and includes all 20
programs, departments, divisions, offices, centers, colleges, student governments, 21
affiliated organizations, and any individual acting in an official capacity on 22
behalf of a public postsecondary institution and does not include student 23
organizations; 24
(13) "Qualified individual" means: 25
(a) An individual enrolled in an institution; 26
(b) A parent or guardian of a student under the age of eighteen (18) who is 27 UNOFFICIAL COPY 25 RS BR 193
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enrolled in an institution; 1
(c) An individual who is employed by the institution or the council; or 2
(d) A candidate or applicant for student admission, student housing, financial 3
assistance, scholarship awards, employment, employee promotion, employee 4
contract, employee contract renewal, or service contract; 5
(14) "Resource" means: 6
(a) Moneys appropriated by the General Assembly; 7
(b) Moneys or items of value derived from bequests, charges, deposits, 8
donations, endowments, fees, grants, gifts, income, receipts, tuition, or any 9
other source; 10
(c) Materials and other physical resources; 11
(d) Digital resources, including an official website, digital application, or social 12
media page of an institution; or 13
(e) Faculty, staff, volunteers, and other human resources; 14
(15) "Resource center" means a center maintained by an institution that offers 15
services or programming for students, faculty, staff, and volunteers, including but 16
not limited to centers that offer academic, health, religious, disability, community, 17
and career resources, services, and support; and 18
(16) "Student-on-student harassment" means unwelcome conduct directed toward a 19
student by another student that is so severe, pervasive, and objectively offensive 20
that it effectively denies equal access to an educational opportunity or benefit. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) An institution shall not: 24
(a) Except as provided in subsection (2)(n) and (o) of this section, provide any 25
differential treatment or benefits to an individual, including a candidate or 26
applicant for employment, promotion, contract, contract renewal, or 27 UNOFFICIAL COPY 25 RS BR 193
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admission, on the basis of the individual's religion, race, sex, color, or 1
national origin; 2
(b) Discriminate in student admissions on the basis of religion, race, sex, color, 3
or national origin; 4
(c) Except as provided in subsection (2)(l) of this section: 5
1. Impose any scholarship criteria or scholarship eligibility restriction 6
on, or provide differential treatment or benefits to, a scholarship 7
applicant, candidate, or recipient on the basis of an individual's 8
religion, race, sex, color, or national origin; or 9
2. Execute or renew any legally binding restriction that would require an 10
institution to consider the religion, race, sex, color, or national origin 11
of a scholarship applicant, candidate, or recipient; 12
(d) Prioritize or provide preferential consideration for vendors, contracts, or 13
other transactions based upon the religion, race, sex, color, or national 14
origin of the ownership, management, or staff of any business or nonprofit 15
entity, except that the institution may provide preferential consideration for 16
businesses owned by residents of Kentucky and the United States; 17
(e) Make student housing assignments on the basis of religion, sex, race, color, 18
or national origin unless an exception is necessary to: 19
1. Maintain separate living facilities for members of a single biological 20
sex; or 21
2. Permit need-based access to student housing facilities during school 22
breaks, provided that room assignments are not implemented in a 23
discriminatory manner or segregated by religion, race, color, or 24
national origin; 25
(f) Initiate an investigation of a bias incident, unless the general counsel for 26
the institution authorizes the investigation and certifies in writing that the 27 UNOFFICIAL COPY 25 RS BR 193
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investigation is necessary because the conduct being investigated: 1
1. May rise to the level of student-on-student harassment if all facts 2
alleged are taken as true; or 3
2. Is subject to mandatory investigation pursuant to applicable state or 4
federal law; 5
(g) Hold a hearing, tribunal, or other disciplinary proceeding on a bias incident 6
unless the general counsel for the institution authorizes the hearing and 7
certifies in writing, after a review of all relevant evidence, that the hearing 8
is necessary to ensure compliance with applicable state or federal law; 9
(h) Expend any resources to: 10
1. Establish or maintain a diversity, equity, and inclusion office; 11
2. Contract or employ an individual to serve as a diversity, equity, and 12
inclusion officer; 13
3. Provide diversity, equity, and inclusion training or contribute to any 14
cost associated with planning, promoting, hosting, traveling to, 15
attending, presenting, or otherwise participating in diversity, equity, 16
and inclusion training; or 17
4. Establish or maintain a diversity, equity, and inclusion initiative; 18
(i) On an application for employment, promotion, contract, contract renewal, 19
admission, housing, financial aid, or scholarship, compel, solicit, or 20
consider any pledge or statement on an applicant's experience with or views 21
on religion, race, sex, color, or national origin, except an institution may: 22
1. If an applicant for admission or scholarship submits an unsolicited 23
statement concerning how a matter relating to religion, race, sex, 24
color, or national origin affected his or her life, consider the statement 25
but shall not provide differential treatment or benefits based upon the 26
race, sex, religion, color, or national origin of the applicant; and 27 UNOFFICIAL COPY 25 RS BR 193
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2. Require an applicant for housing to disclose his or her biological sex 1
for the purpose of maintaining separate living facilities for members 2
of a single biological sex; 3
(j) Require any student to enroll in or complete an academic course dedicated 4
to the promotion or justification of a discriminatory concept; or 5
(k) Require or incentivize students, faculty, or staff to attend a diversity, equity, 6
and inclusion training. 7
(2) Notwithstanding subsection (1) of this section, nothing in this section shall be 8
construed to apply to or affect any of the following: 9
(a) Rights secured by the First Amendment of the United States Constitution or 10
Section 1 of the Constitution of Kentucky; 11
(b) Academic course content or instruction; 12
(c) Academic freedom of faculty, students, and student organizations; 13
(d) Academic research or creative works by an institution’s students, faculty, or 14
research personnel; 15
(e) The distribution of grant funding for academic research; 16
(f) Religious freedom of faculty, students, and student organizations; 17
(g) Publications and the freedom of expression of student newspapers and 18
university press; 19
(h) Activities, funding, conduct, speech, and freedom of association of student-20
led organizations, or the conduct or speech of students acting in their 21
individual capacity; 22
(i) Activities, programs, and initiatives for military veterans, Pell Grant 23
recipients, first-generation college students, low-income students, 24
nontraditional students, transfer students from the Kentucky Community 25
and Technical College System, or students with unique abilities; 26
(j) Arrangements for guest speakers and performers with short-term 27 UNOFFICIAL COPY 25 RS BR 193
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engagements, including those invited by students or faculty; 1
(k) The purchase of materials for university library inventory and the access of 2
the public to university library inventory; 3
(l) Endowments for privately funded scholarships that existed before the 4
effective date of this Act that require an institution to consider the religion, 5
race, sex, color, or national origin of a scholarship applicant or candidate 6
until the balance of corpus is exhausted; 7
(m) Mental or physical health services provided by certified or licensed 8
professionals; 9
(n) Bona fide qualifications or accommodations based on biological sex that 10
are historically maintained in the usual course of operating an institution 11
and do not constitute a diversity, equity, and inclusion initiative; 12
(o) Bona fide qualifications based on national origin that are related to the 13
eligibility of an individual for a visa; 14
(p) Bona fide accommodations based on religion that are necessary to comply 15
with federal or state law; 16
(q) The ability of an institution to investigate criminal acts or acts of 17
discrimination in accordance with applicable federal or state law; 18
(r) Programs or measures required for institutional accreditations; or 19
(s) Programs or measures intended to enable the collection of demographic 20
data. 21
(3) Notwithstanding subsection (1) of this section, nothing in this section shall be 22
construed to prohibit programs, procedures, policies, and other initiatives deemed 23
by the institution's general counsel to be required for compliance with federal or 24
state law, a court order, or a binding contract entered into prior to the effective 25
date of this Act. 26
(4) Each governing board shall ensure compliance with this section no later than 27 UNOFFICIAL COPY 25 RS BR 193
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June 30, 2025. 1
(5) Beginning July 1, 2026, each institution shall submit an annual certification to 2
the council that: 3
(a) Is signed by president of the institution or the chief financial officer of the 4
institution; and 5
(b) Certifies that the institution has not spent money in violation of the section 6
during the previous fiscal year. 7
SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) No later than June 30, 2025, each governing board shall: 10
(a) Adopt a policy on viewpoint neutrality that prohibits discrimination on the 11
basis of an individual's political or social viewpoint and promotes 12
intellectual diversity within the institution; and 13
(b) Publish the amended policy in the institution's student handbook and 14
faculty handbook and on a prominent, publicly accessible page of the 15
institution's website. 16
(2) An institution shall not require any individual to endorse or condemn a specific 17
ideology, political viewpoint, or social viewpoint to be eligible for hiring, contract 18
renewal, tenure, promotion, admission, or graduation. 19
SECTION 4. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) The council shall not: 22
(a) Provide any differential treatment or benefits to an individual on the basis 23
of the individual's religion, race, sex, color, or national origin; 24
(b) Expend any resources to: 25
1. Establish or maintain a diversity, equity, and inclusion office; 26
2. Contract with or employ an individual to serve as a diversity, equity, 27 UNOFFICIAL COPY 25 RS BR 193
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and inclusion officer; 1
3. Provide diversity, equity, and inclusion training or contribute to any 2
cost associated with planning, promoting, hosting, traveling to, 3
attending, presenting, or otherwise participating in diversity, equity, 4
and inclusion training; or 5
4. Establish or maintain a diversity, equity, and inclusion initiative; or 6
(c) Compel, solicit, or consider as part of the employment application process 7
any statements on the applicant's religion, race, sex, color, or national 8
origin. 9
(2) Nothing in this section shall be construed to prohibit programs, procedures, 10
policies, and other initiatives deemed by the council's general counsel to be 11
required for compliance with federal or state law, a court order, or a binding 12
contract entered into prior to the effective date of this Act. 13
(3) The council shall comply with this section no later than June 30, 2025. 14
(4) Beginning July 1, 2026, the council shall submit an annual certification to the 15
Legislative Research Commission for referral to the appropriate Interim Joint 16
Committee on Education that: 17
(a) Is signed by the president or budget director of the council; and 18
(b) Certifies that the council has not spent money in violation of the section 19
during the previous fiscal year. 20
SECTION 5. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) The Attorney General may bring a civil action for a writ of mandamus to compel 23
the council or an institution to comply with Sections 1, 2, 3, and 4 of this Act. 24
(2) (a) Notwithstanding any provision of law to the contrary, a qualified individual 25
may file a civil action against the council or an institution for economic 26
damages not to exceed one hundred thousand dollars ($100,000) per 27 UNOFFICIAL COPY 25 RS BR 193
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violation, injunctive relief, and declaratory relief from a violation of 1
Sections 1, 2, 3, and 4 of this Act committed on or after the effective date of 2
this Act. A civil action brought under this section may be brought in the 3
Circuit Court of the county in which: 4
1. All or a substantial part of the events or omissions giving rise to the 5
civil action occurred; 6
2. The principal office of the institution or council is located; or 7
3. The plaintiff resides, if the plaintiff is an individual who resides in the 8
Commonwealth. 9
(b) Sovereign and governmental immunity are waived for the limited purpose of 10
permitting claims pursuant to this section. 11
(c) A prevailing plaintiff shall be permitted to recover reasonable attorney's 12
fees and litigation costs from the institution or council that committed the 13
violation. 14
(d) The remedies identified in this section shall be in addition to, and not in lieu 15
of, any other remedies available in law or equity. 16
(3) The council or an institution shall not use, or threaten the use of, any official 17
authority or influence to discourage, interfere with, or otherwise retaliate against 18
any qualified individual who in good faith: 19
(a) Files or is about to file a civil action against the council or an institution; or 20
(b) Supports, aids, or substantiates a civil action filed or about to be filed; 21
in accordance with subsection (2) of this section. 22
SECTION 6. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) No later than October 1 of each year, each institution shall submit a certified 25
report to the Legislative Research Commission for referral to the appropriate 26
Interim Joint Committee on Education, and shall publish the report to a 27 UNOFFICIAL COPY 25 RS BR 193
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prominent, publicly accessible location on the institution's website. Each report 1
shall be certified by the institution's general counsel and contain a complete list 2
and description of the nature, costs, and source of authority of all policies, 3
programs, practices, and procedures of the institution that are: 4
(a) Designed or implemented to promote or provide differential treatment or 5
benefits to individuals on the basis of religion, race, sex, color, or national 6
origin; and 7
(b) Required pursuant to any applicable federal or state law, a court order, or a 8
binding contract entered into prior to the effective date of this Act. 9
(2) An institution shall not claim, assert, or rely upon a governmental mandate as a 10
defense to a civil action filed by the Attorney General or a qualified individual in 11
accordance with Section 5 of this Act unless that mandate was listed and clearly 12
and accurately described in: 13
(a) The institution's most recent annual report required by subsection (1) of 14
this section prior to the date the events or omissions giving rise to the civil 15
action occurred; or 16
(b) An addendum to the institution's most recent annual report required by 17
subsection (1) of this section that was published: 18
1. Prior to the date the events or omissions giving rise to the civil action 19
occurred; and 20
2. In the same location on the institution's website as the report required 21
by subsection (1) of this section. 22
(3) This section shall expire on and have no force or effect after June 30, 2031, 23
unless extended by an act of the General Assembly. 24
SECTION 7. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 25
READ AS FOLLOWS: 26
(1) No later than October 1, 2025, the council shall develop and publish an annual 27 UNOFFICIAL COPY 25 RS BR 193
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survey to assess intellectual freedom and viewpoint diversity using statistically 1
valid survey techniques to evaluate the extent to which the students, faculty, and 2
staff of an institution: 3
(a) Are exposed to a variety of ideological and political perspectives, including 4
competing ideas and perspectives; and 5
(b) Feel at liberty to express their ideological and political viewpoints and 6
beliefs on campus and in the classroom. 7
(2) By November 1 of each year, each institution shall administer the survey 8
produced under subsection (1) of this section to all students, faculty, and staff of 9
the institution. The communication distributing the survey shall be clearly 10
identified and shall not be combined with any other communication. 11
(3) The institution shall provide students, faculty, and staff at least thirty (30) days 12
from the date the survey is initially distributed to respond to the survey. The 13
institution shall provide a reminder to students, faculty, and staff to complete the 14
survey at least three (3) business days prior to the deadline to submit a response. 15
The reminder shall be clearly identified and shall not be combined with any other 16
communication. 17
(4) Each institution shall collect and store responses to the survey anonymously and 18
securely. 19
(5) Each institution shall compile all responses to its survey into an annual report on 20
intellectual freedom and viewpoint diversity to be submitted to the council no later 21
than January 1 of each year. The council shall publish the annual report 22
submitted by each institution to a prominent, publicly accessible location on the 23
council's website no later than January 7 of each year. 24
(6) This section shall expire on and have no force or effect after June 30, 2031, 25
unless extended by an act of the General Assembly. 26
SECTION 8. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 27 UNOFFICIAL COPY 25 RS BR 193
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READ AS FOLLOWS: 1
(1) (a) Beginning January 1, 2026, each institution shall provide the State 2
Treasurer and the Personnel Cabinet with the name, job title, duty station, 3
and salary or wages of each employee of the institution by the twentieth day 4
of each month. 5
(b) The State Treasurer shall regularly report the information received under 6
this subsection to the public in the manner and method designated by the 7
State Treasurer. 8
(2) (a) The annual operating budget adopted by each institution shall include an 9
itemized budget of each school, department, administrative office, resource 10
center, and research facility of the institution, regardless of the source of 11
funding. 12
(b) Each itemized budget required by this subsection shall be published to a 13
prominent, publicly accessible location on the institution's website. 14
Section 9. KRS 164.020 is amended to read as follows: 15
The Council on Postsecondary Education in Kentucky shall: 16
(1) Develop and implement the strategic agenda with the advice and counsel of the 17
Strategic Committee on Postsecondary Education. The council shall provide for and 18
direct the planning process and subsequent strategic implementation plans based on 19
the strategic agenda as provided in KRS 164.0203; 20
(2) Revise the strategic agenda and strategic implementation plan with the advice and 21
counsel of the committee as set forth in KRS 164.004; 22
(3) Develop a system of public accountability related to the strategic agenda by 23
evaluating the performance and effectiveness of the state's postsecondary system. 24
The council shall prepare a report in conjunction with the accountability reporting 25
described in KRS 164.095, which shall be submitted to the committee, the 26
Governor, and the General Assembly by December 1 annually. This report shall 27 UNOFFICIAL COPY 25 RS BR 193
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include a description of contributions by postsecondary institutions to the quality of 1
elementary and secondary education in the Commonwealth; 2
(4) Review, revise, and approve the missions of the state's universities and the 3
Kentucky Community and Technical College System. The Council on 4
Postsecondary Education shall have the final authority to determine the compliance 5
of postsecondary institutions with their academic, service, and research missions; 6
(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 7
provide for an integrated system of postsecondary education. The council shall 8
guard against inappropriate and unnecessary conflict and duplication by promoting 9
transferability of credits and easy access of information among institutions; 10
(6) Engage in analyses and research to determine the overall needs of postsecondary 11
education and adult education in the Commonwealth; 12
(7) Develop plans that may be required by federal legislation. The council shall for all 13
purposes of federal legislation relating to planning be considered the "single state 14
agency" as that term may be used in federal legislation. When federal legislation 15
requires additional representation on any "single state agency," the Council on 16
Postsecondary Education shall establish advisory groups necessary to satisfy federal 17
legislative or regulatory guidelines; 18
(8) (a) Determine tuition and approve the minimum qualifications for admission to 19
the state postsecondary educational system. In defining residency, the council 20
shall classify a student as having Kentucky residency if the student met the 21
residency requirements at the beginning of his or her last year in high school 22
and enters a Kentucky postsecondary education institution within two (2) 23
years of high school graduation. In determining the tuition for non-Kentucky 24
residents, the council shall consider the fees required of Kentucky students by 25
institutions in adjoining states, the resident fees charged by other states, the 26
total actual per student cost of training in the institutions for which the fees 27 UNOFFICIAL COPY 25 RS BR 193
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are being determined, and the ratios of Kentucky students to non-Kentucky 1
students comprising the enrollments of the respective institutions, and other 2
factors the council may in its sole discretion deem pertinent, except that the 3
Kentucky Community and Technical College System may assess a mandatory 4
student fee not to exceed eight dollars ($8) per credit hour to be used 5
exclusively for debt service on amounts not to exceed seventy-five percent 6
(75%) of the total projects cost of the Kentucky Community and Technical 7
College System agency bond projects included in 2014 Ky. Acts ch. 117, Part 8
II, J., 11. 9
(b) The Kentucky Community and Technical College System mandatory fee 10
established in this subsection shall only be used for debt service on agency 11
bond projects. 12
(c) Any fee established as provided by this subsection shall cease to be assessed 13
upon the retirement of the project bonds for which it services debt. 14
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical 15
College System shall certify in writing to the secretary of the Finance and 16
Administration Cabinet that sufficient funds have been raised to meet the 17
local match equivalent to twenty-five percent (25%) of the total project cost; 18
(9) Devise, establish, and periodically review and revise policies to be used in making 19
recommendations to the Governor for consideration in developing 20
recommendations to the General Assembly for appropriations to the universities, 21
the Kentucky Community and Technical College System, and to support strategies 22
for persons to maintain necessary levels of literacy throughout their lifetimes. The 23
council has sole discretion, with advice of the Strategic Committee on 24
Postsecondary Education and the executive officers of the postsecondary education 25
system, to devise policies that provide for allocation of funds among the 26
universities and the Kentucky Community and Technical College System; 27 UNOFFICIAL COPY 25 RS BR 193
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(10) Lead and provide staff support for the biennial budget process as provided under 1
KRS Chapter 48, in cooperation with the committee; 2
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 3
capital construction projects covered by KRS 45.750(1)(f), including real 4
property acquisitions, and regardless of the source of funding for projects or 5
acquisitions. Approval of capital projects and real property acquisitions shall 6
be on a basis consistent with the strategic agenda and the mission of the 7
respective universities and the Kentucky Community and Technical College 8
System. 9
(b) The organized groups that are establishing community college satellites as 10
branches of existing community colleges in the counties of Laurel, Leslie, and 11
Muhlenberg, and that have substantially obtained cash, pledges, real property, 12
or other commitments to build the satellite at no cost to the Commonwealth, 13
other than operating costs that shall be paid as part of the operating budget of 14
the main community college of which the satellite is a branch, are authorized 15
to begin construction of the satellite on or after January 1, 1998; 16
(12) Require reports from the executive officer of each institution it deems necessary for 17
the effectual performance of its duties; 18
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 19
services and programs provided by private postsecondary institutions and shall 20
promote maximum cooperation between the state postsecondary system and private 21
postsecondary institutions. Receive and consider an annual report prepared by the 22
Association of Independent Kentucky Colleges and Universities stating the 23
condition of independent institutions, listing opportunities for more collaboration 24
between the state and independent institutions and other information as appropriate; 25
(14) Establish course credit, transfer, and degree components as required in KRS 26
164.2951; 27 UNOFFICIAL COPY 25 RS BR 193
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(15) (a) Define and approve the offering of all postsecondary education technical, 1
associate, baccalaureate, graduate, and professional degree, certificate, or 2
diploma programs in the public postsecondary education institutions. The 3
council shall not approve a new degree, certificate, or diploma program that 4
includes a requirement for a course or training dedicated to the promotion 5
or justification of a discriminatory concept or diversity, equity, and 6
inclusion initiative as defined in Section 1 of this Act; and 7
(b) The council shall expedite wherever possible the approval of requests from 8
the Kentucky Community and Technical College System board of regents 9
relating to new certificate, diploma, technical, or associate degree programs of 10
a vocational-technical and occupational nature. Without the consent of the 11
General Assembly, the council shall not abolish or limit the total enrollment 12
of the general program offered at any community college to meet the goal of 13
reasonable access throughout the Commonwealth to a two (2) year course of 14
general studies designed for transfer to a baccalaureate program. This does not 15
restrict or limit the authority of the council, as set forth in this section, to 16
eliminate or make changes in individual programs within that general 17
program; 18
(16) Eliminate, in its discretion, existing programs or make any changes in existing 19
academic programs at the state's postsecondary educational institutions, taking into 20
consideration these criteria: 21
(a) Consistency with the institution's mission and the strategic agenda; 22
(b) Alignment with the priorities in the strategic implementation plan for 23
achieving the strategic agenda; 24
(c) Elimination of unnecessary duplication of programs within and among 25
institutions;[ and] 26
(d) Efforts to create cooperative programs with other institutions through 27 UNOFFICIAL COPY 25 RS BR 193
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traditional means, or by use of distance learning technology and electronic 1
resources, to achieve effective and efficient program delivery; and 2
(e) Alignment with Section 2 of this Act, including the elimination of any 3
program that includes a requirement for a course or training dedicated to 4
the promotion or justification of a discriminatory concept as defined in 5
Section 1 of this Act; 6
(17) Ensure the governing board and faculty of all postsecondary education institutions 7
are committed to providing instruction free of discrimination against students who 8
hold political views and opinions contrary to those of the governing board and 9
faculty; 10
(18) Review proposals and make recommendations to the Governor regarding the 11
establishment of new public community colleges, technical institutions, and new 12
four (4) year colleges; 13
(19) [Postpone the approval of any new program at a state postsecondary educational 14
institution, unless the institution has met its equal educational opportunity goals, as 15
established by the council. In accordance with administrative regulations 16
promulgated by the council, those institutions not meeting the goals shall be able to 17
obtain a temporary waiver, if the institution has made substantial progress toward 18
meeting its equal educational opportunity goals; 19
(20) ]Ensure the coordination, transferability, and connectivity of technology among 20
postsecondary institutions in the Commonwealth including the development and 21
implementation of a technology plan as a component of the strategic agenda; 22
(20)[(21)] Approve the teacher education programs in the public institutions that comply 23
with standards established by the Education Professional Standards Board pursuant 24
to KRS 161.028; 25
(21)[(22)] Constitute the representative agency of the Commonwealth in all matters of 26
postsecondary education of a general and statewide nature which are not otherwise 27 UNOFFICIAL COPY 25 RS BR 193
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delegated to one (1) or more institutions of postsecondary learning. The 1
responsibility may be exercised through appropriate contractual relationships with 2
individuals or agencies located within or without the Commonwealth. The authority 3
includes but is not limited to contractual arrangements for programs of research, 4
specialized training, and cultural enrichment; 5
(22)[(23)] Maintain procedures for the approval of a designated receiver to provide for 6
the maintenance of student records of the public institutions of higher education and 7
the colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 8
165A.310 which offer collegiate level courses for academic credit, which cease to 9
operate. Procedures shall include assurances that, upon proper request, subject to 10
federal and state laws and regulations, copies of student records shall be made 11
available within a reasonable length of time for a minimum fee; 12
(23)[(24)] Monitor and transmit a report on compliance with KRS 164.351 to the 13
director of the Legislative Research Commission for distribution to the Interim 14
Joint Committee on Families and Children; 15
(24)[(25)] (a) Develop in cooperation with each public university and the Kentucky 16
Community and Technical College System a comprehensive orientation and 17
education program for new members of the council and the governing boards 18
and continuing education opportunities for all council and board members. 19
For new members of the council and institutional governing boards, the 20
council shall: 21
1. Ensure that the orientation and education program comprises six (6) 22
hours of instruction time and includes but is not limited to information 23
concerning the roles of the council and governing board members, the 24
strategic agenda and the strategic implementation plan, and the 25
respective institution's mission, budget and finances, strategic plans and 26
priorities, institutional policies and procedures, board fiduciary 27 UNOFFICIAL COPY 25 RS BR 193
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responsibilities, legal considerations including open records and open 1
meetings requirements, ethical considerations arising from board 2
membership, and the board member removal and replacement 3
provisions of KRS 63.080; 4
2. Establish delivery methods by which the orientation and education 5
program can be completed in person or electronically by new members 6
within one (1) year of their appointment or election; 7
3. Provide an annual report to the Governor and Legislative Research 8
Commission of those new board members who do not complete the 9
required orientation and education program; and 10
4. Invite governing board members of private colleges and universities 11
licensed by the Council on Postsecondary Education to participate in the 12
orientation and education program described in this subsection; 13
(b) Offer, in cooperation with the public universities and the Kentucky 14
Community and Technical College System, continuing education 15
opportunities for all council and governing board members; and 16
(c) Review and approve the orientation programs of each public university and 17
the Kentucky Community and Technical College System for their governing 18
board members to ensure that all programs and information adhere to this 19
subsection; 20
(25)[(26)] Develop a financial reporting procedure to be used by all state postsecondary 21
education institutions to ensure uniformity of financial information available to 22
state agencies and the public; 23
(26)[(27)] Select and appoint a president of the council under KRS 164.013; 24
(27)[(28)] Employ consultants and other persons and employees as may be required for 25
the council's operations, functions, and responsibilities; 26
(28)[(29)] Promulgate administrative regulations, in accordance with KRS Chapter 13A, 27 UNOFFICIAL COPY 25 RS BR 193
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governing its powers, duties, and responsibilities as described in this section; 1
(29)[(30)] Prepare and present by January 31 of each year an annual status report on 2
postsecondary education in the Commonwealth to the Governor, the Strategic 3
Committee on Postsecondary Education, and the Legislative Research Commission; 4
(30)[(31)] Consider the role, function, and capacity of independent institutions of 5
postsecondary education in developing policies to meet the immediate and future 6
needs of the state. When it is found that independent institutions can meet state 7
needs effectively, state resources may be used to contract with or otherwise assist 8
independent institutions in meeting these needs; 9
(31)[(32)] Create advisory groups representing the presidents, faculty, nonteaching staff, 10
and students of the public postsecondary education system and the independent 11
colleges and universities; 12
(32)[(33)] Develop a statewide policy to promote employee and faculty development in 13
state and locally operated secondary area technology centers through the waiver of 14
tuition for college credit coursework in the public postsecondary education system. 15
Any regular full-time employee of a state or locally operated secondary area 16
technology center may, with prior administrative approval of the course offering 17
institution, take a maximum of six (6) credit hours per term at any public 18
postsecondary institution. The institution shall waive the tuition up to a maximum 19
of six (6) credit hours per term. The employee shall complete the Free Application 20
for Federal Student Aid to determine the level of need and eligibility for state and 21
federal financial aid programs. The amount of tuition waived shall not exceed the 22
cost of tuition at the institution less any state or federal grants received, which shall 23
be credited first to the student's tuition; 24
(33)[(34)] Participate with the Kentucky Department of Education, the Kentucky Board 25
of Education, and postsecondary education institutions to ensure that academic 26
content requirements for successful entry into postsecondary education programs 27 UNOFFICIAL COPY 25 RS BR 193
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are aligned with high school content standards and that students who master the 1
high school academic content standards shall not need remedial courses. The 2
council shall monitor the results on an ongoing basis; 3
(34)[(35)] Cooperate with the Kentucky Department of Education and the Education 4
Professional Standards Board in providing information sessions to selected 5
postsecondary education content faculty and teacher educators of the high school 6
academic content standards as required under KRS 158.6453(2)(l); 7
(35)[(36)] Cooperate with the Office of the Kentucky Center for Statistics and ensure the 8
participation of the public institutions as required in KRS 151B.133; 9
(36)[(37)] Pursuant to KRS 63.080, review written notices from the Governor or from a 10
board of trustees or board of regents concerning removal of a board member or the 11
entire appointed membership of a board, investigate the member or board and the 12
conduct alleged to support removal, and make written recommendations to the 13
Governor and the Legislative Research Commission as to whether the member or 14
board should be removed; and 15
(37)[(38)] Exercise any other powers, duties, and responsibilities necessary to carry out 16
the purposes of this chapter. Nothing in this chapter shall be construed to grant the 17
Council on Postsecondary Education authority to disestablish or eliminate any 18
college of law which became a part of the state system of higher education through 19
merger with a state college. 20
Section 10. KRS 164.011 is amended to read as follows: 21
(1) There is hereby created and established a Council on Postsecondary Education in 22
Kentucky as an agency, instrumentality, and political subdivision of the 23
Commonwealth and a public body corporate and politic having all powers, duties, 24
and responsibilities as are provided to it by law, appointed for a term set by law 25
pursuant to Section 23 of the Constitution of Kentucky. The council shall be 26
composed of the commissioner of education, a faculty member, a student member, 27 UNOFFICIAL COPY 25 RS BR 193
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and thirteen (13) citizen members appointed by the Governor. The citizen members 1
shall be confirmed by the Senate under KRS 11.160, and the commissioner of 2
education shall serve as a nonvoting ex officio member. Citizen council members 3
shall be selected from a list of nominees provided to the Governor under the 4
nominating process set forth in KRS 164.005. If the General Assembly is not in 5
session at the time of the appointment, persons appointed shall serve prior to 6
confirmation, but the Governor shall seek the consent of the Senate at the next 7
regular session or at an intervening extraordinary session if the matter is included in 8
the call of the General Assembly. 9
(2) By no later than thirty (30) days after May 30, 1997, the Governor's Postsecondary 10
Education Nominating Committee shall submit nominations to the Governor as set 11
forth in KRS 164.005. On making appointments to the council, the Governor shall 12
ensure broad geographical and political representation; ensure equal representation 13
of the two (2) sexes, inasmuch as possible; ensure no less than proportional 14
representation of the two (2) leading political parties of the Commonwealth based 15
on the state's voter registration and the political affiliation of each appointee as of 16
December 31 of the year preceding the date of his or her appointment; and ensure 17
that appointments reflect the minority racial composition of the Commonwealth 18
based on the total minority racial population using the most recent census or 19
estimate data from the United States Census Bureau. If the determination of 20
proportional minority representation does not result in a whole number of minority 21
members, it shall be rounded up to the next whole number. A particular political 22
affiliation shall not be a prerequisite to appointment to the council generally; 23
however, if any person is appointed to the council that does not represent either of 24
the two (2) leading political parties of the Commonwealth, the proportional 25
representation by political affiliation requirement shall be determined and satisfied 26
based on the total number of members on the council less any members not 27 UNOFFICIAL COPY 25 RS BR 193
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affiliated with either of the two (2) leading political parties. In filling vacancies to 1
the council, the Governor shall act so as to provide, inasmuch as possible, equal 2
representation of the two (2) sexes by appointing a member of the sex that is the 3
lesser represented at the time of the appointment. If the remaining membership 4
already has an equal number of males and females, the Governor may appoint a 5
member of either sex. No more than two (2) members of the council shall hold an 6
undergraduate degree from any one (1) Kentucky university, and no more than 7
three (3) voting members of the council shall reside in any one (1) judicial district 8
of the Kentucky Supreme Court as of the date of the appointment. However, change 9
in residency after the date of appointment shall not affect the ability to serve. 10
(3) One (1) member shall be a full-time faculty member employed at a state institution 11
of postsecondary education. The faculty member shall be appointed to a four (4) 12
year term by the Governor from a list of three (3) nominees selected and submitted 13
by majority vote of the ten (10) faculty members who serve as faculty 14
representatives of the boards of trustees and boards of regents of the nine (9) 15
postsecondary education institutions. 16
(4) One (1) member shall be enrolled as a full-time student at a state institution of 17
postsecondary education and shall be selected annually in the following manner: 18
not later than June 1 of each year the eight (8) student body presidents of the four 19
(4) year state public institutions of higher education, the two (2) student members to 20
the Kentucky Community and Technical College System, and one (1) student body 21
president representing the members of the Association of Independent Kentucky 22
Colleges and Universities shall elect by majority vote three (3) nominees to submit 23
to the Governor. From this list of nominees, the Governor shall appoint a student 24
member. 25
(5) In filling any vacancies, the Governor shall ensure the continuing representation 26
upon the council of the broad constituencies as set forth in subsection (2) of this 27 UNOFFICIAL COPY 25 RS BR 193
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section. Vacancies on the council shall be filled for the unexpired term in 1
accordance with the procedures established for the original appointments. 2
(6) Each citizen member shall serve a term of six (6) years unless removed by the 3
Governor for cause, except the initial appointments shall be as follows: 4
(a) Two (2) appointments shall expire December 31, 1997; 5
(b) Three (3) appointments shall expire December 31, 1998; 6
(c) Two (2) appointments shall expire December 31, 1999; 7
(d) Two (2) appointments shall expire December 31, 2000; 8
(e) Two (2) appointments shall expire December 31, 2001; and 9
(f) Two (2) appointments shall expire December 31, 2002. 10
(7) Any person, other than the chief state school officer, holding either an elective or 11
appointive state office or who is a member of the governing board of any state 12
university in Kentucky, shall be ineligible for membership or appointment on the 13
council during his term. 14
(8) The members of the council shall elect the chair and the vice chair of the council 15
from among the council's membership, and the chair and vice chair shall serve at 16
the pleasure of the council. The vice chair shall serve as chair in the absence of the 17
chair. 18
(9) The council shall meet at least quarterly and at other times upon the call of the chair 19
or a majority of the council. 20
(10) A quorum shall be a majority of the appointive membership of the council. 21
(11) A quorum shall be required to organize and conduct the business of the council, 22
except that an affirmative vote of eight (8) or more appointive members of the 23
entire council shall be required to dismiss from employment the president of the 24
council, and to adopt or amend the state strategic postsecondary education agenda. 25
(12) New appointees to the council shall not serve more than two (2) consecutive terms. 26
(13) New appointees to the council shall complete an orientation and education program 27 UNOFFICIAL COPY 25 RS BR 193
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set forth in KRS 164.02024[(25)] to be eligible for appointment to a second term. 1
Section 11. KRS 164.131 is amended to read as follows: 2
(1) (a) The government of the University of Kentucky is vested in a board of trustees 3
appointed for a term set by law pursuant to Section 23 of the Constitution of 4
Kentucky. 5
(b) All appointed and elected persons shall be required to attend and complete an 6
orientation and education program prescribed by the council under KRS 7
164.02024[(25)], as a condition of their service and eligibility for appointment 8
or election to a second term. 9
(c) The board shall periodically evaluate the institution's progress in 10
implementing its missions, goals, and objectives to conform to the strategic 11
agenda. Officers and officials shall be held accountable for the status of the 12
institution's progress. 13
(d) Board members may be removed by the Governor under the following 14
circumstances: 15
1. For cause, pursuant to KRS 63.080(2); or 16
2. Pursuant to KRS 63.080(3) or (4). 17
(e) The board shall consist of sixteen (16) members appointed by the Governor, 18
two (2) members of the faculty of the University of Kentucky, one (1) 19
member of the University of Kentucky nonteaching personnel, and one (1) 20
member of the student body of the University of Kentucky. The members 21
appointed by the Governor shall be subject to confirmation by the Senate. The 22
voting members of the board shall select a chairperson annually. 23
(2) (a) The terms of the appointed members shall be for six (6) years and until their 24
successors are appointed and qualified, unless a member is removed by the 25
Governor pursuant to KRS 63.080(2), (3), or (4), except the initial 26
appointments shall be as follows: 27 UNOFFICIAL COPY 25 RS BR 193
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1. Two (2) members shall serve one (1) year terms; 1
2. Two (2) members shall serve two (2) year terms, one (1) of whom shall 2
be a graduate of the university, selected from a list of three (3) names 3
submitted by the alumni of the university according to rules established 4
by the board of trustees; 5
3. Three (3) members shall serve three (3) year terms; 6
4. Three (3) members shall serve four (4) year terms, one (1) of whom 7
shall be a graduate of the university, selected as under subparagraph 2. 8
of this subsection; 9
5. Three (3) members shall serve five (5) year terms; and 10
6. Three (3) members shall serve six (6) year terms, one (1) of whom shall 11
be a graduate of the university, selected as under subparagraph 2. of this 12
subsection. 13
(b) 1. Three (3) of the appointments shall be graduates of the university and 14
may include one (1) graduate of the institution who resides outside the 15
Commonwealth; 16
2. Three (3) shall be representative of agricultural interests; and 17
3. Ten (10) shall be other distinguished citizens representative of the 18
learned professions and may include one (1) who resides outside of 19
Kentucky. 20
(c) The Governor shall make the appointments so as to reflect proportional 21
representation of the two (2) leading political parties of the Commonwealth 22
based on the state's voter registration and the political affiliation of each 23
appointee as of December 31 of the year preceding the date of his or her 24
appointment, and to reflect no less than proportional representation of the 25
minority racial composition of the Commonwealth based on the total minority 26
racial population using the most recent census or estimate data from the 27 UNOFFICIAL COPY 25 RS BR 193
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United States Census Bureau. If the determination of proportional minority 1
representation does not result in a whole number of minority members, it shall 2
be rounded up to the next whole number. A particular political affiliation shall 3
not be a prerequisite to appointment to the board generally; however, if any 4
person is appointed to the board that does not represent either of the two (2) 5
leading political parties of the Commonwealth, the proportional representation 6
by political affiliation requirement shall be determined and satisfied based on 7
the total number of members on the board less any members not affiliated 8
with either of the two (2) leading political parties. 9
(d) Appointments to fill vacancies shall be made for the unexpired term in the 10
same manner as provided for the original appointments. 11
(3) The two (2) University of Kentucky faculty members shall be of the rank of 12
assistant professor or above. They shall be elected by secret ballot by all University 13
of Kentucky faculty members of the rank of assistant professor or above. Faculty 14
members shall serve for terms of three (3) years and until their successors are 15
elected and qualified. Faculty members shall be eligible for reelection, but they 16
shall be ineligible to continue to serve as members of the board of trustees if they 17
cease to be members of the faculty of the university. Elections to fill vacancies shall 18
be for the unexpired term in the same manner as provided for original elections. 19
(4) The nonteaching personnel member shall be any full-time staff member, excluding 20
the president, vice-presidents, academic deans, and academic department 21
chairpersons. The staff member shall represent all nonteaching university 22
employees, including but not limited to building facilities and clerical personnel. 23
The staff member shall be elected by secret ballot by the nonteaching employees. 24
The staff member shall serve a term of three (3) years and until a successor is 25
elected and qualified. The staff member shall be eligible for reelection, but a staff 26
member who ceases being an employee of the university shall not be eligible to 27 UNOFFICIAL COPY 25 RS BR 193
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continue to serve as a member of the board. Elections to fill vacancies shall be for 1
the unexpired term and shall be held in the same manner as provided for the 2
original election. 3
(5) The student member shall serve a one (1) year term beginning on July 1 after being 4
elected and sworn in as student body president and ending on the following June 5
30. If the student member does not maintain the position of student body president 6
or the status of a full-time student at any time during that academic year, a special 7
election shall be held to select a full-time student member. The elected student 8
member shall serve for the remainder of the unexpired term. 9
(6) The number of student and employee trustees of the University of Kentucky elected 10
to the board shall not exceed four (4). 11
(7) Unless specifically approved by the board of trustees under the provisions of KRS 12
164.367, no member of the administrative staff of the university shall be directly or 13
indirectly interested in any contract with the university for the sale of property, 14
materials, supplies, equipment, or services, with exception of compensation to the 15
two (2) faculty members, and the one (1) nonteaching personnel member. 16
(8) New appointees of the board shall not serve more than two (2) consecutive terms. 17
(9) The inability of the board to hold regular meetings, to elect a chairperson annually, 18
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 19
annual evaluation of the president of the university, or to carry out its primary 20
function to periodically evaluate the institution's progress in implementing its 21
mission, goals, and objectives to conform to the strategic agenda shall be cause for 22
the Governor to remove all appointed members of the board and replace the entire 23
appointed membership pursuant to KRS 63.080(4). 24
Section 12. KRS 164.321 is amended to read as follows: 25
(1) Eastern Kentucky University, Morehead State University, Murray State University, 26
Western Kentucky University, Kentucky State University, Northern Kentucky 27 UNOFFICIAL COPY 25 RS BR 193
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University, and the Kentucky Community and Technical College System shall each 1
be governed by a board of regents appointed for a term set by law pursuant to 2
Section 23 of the Constitution of Kentucky. 3
(a) Each board of the comprehensive universities shall consist of eight (8) 4
members appointed by the Governor, one (1) member of the teaching faculty, 5
one (1) member of the university nonteaching personnel, and one (1) member 6
of the student body of the respective university or college. The members 7
appointed by the Governor shall be subject to confirmation by the Senate. The 8
members of the board shall select a chairperson annually. 9
(b) The board of the Kentucky Community and Technical College System shall 10
consist of eight (8) members appointed by the Governor, two (2) members of 11
the teaching faculty, two (2) members of the nonteaching personnel, and two 12
(2) members of the student body. The members appointed by the Governor 13
shall be subject to confirmation by the Senate. 14
1. No more than three (3) appointed members of the board shall reside in 15
any one (1) judicial district of the Kentucky Supreme Court as of the 16
date of the appointment. 17
2. A change in residency of a gubernatorial appointee after the date of 18
appointment shall not affect the appointee's ability to serve or eligibility 19
for reappointment, except an appointee who assumes residency outside 20
the fifty (50) United States shall become immediately ineligible to serve. 21
The Council on Postsecondary Education shall notify the appointee of 22
his or her ineligibility to serve. 23
3. In making initial appointments, the Governor shall act so as to provide 24
equal representation of the two (2) sexes. In filling vacancies, the 25
Governor shall act so as to provide, inasmuch as possible, equal 26
representation of the two (2) sexes by appointing a member of the sex 27 UNOFFICIAL COPY 25 RS BR 193
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that is the lesser represented at the time of the appointment. If the 1
remaining membership already has an equal number of males and 2
females, the Governor may appoint a member of either sex. 3
(2) The terms of appointed members shall be for six (6) years and until their successors 4
are appointed and qualified, unless a member is removed by the Governor pursuant 5
to KRS 63.080(2), (3), or (4), except the initial appointments to the board of regents 6
for the Kentucky Community and Technical College System shall be as follows: 7
(a) One (1) member shall serve a one (1) year term; 8
(b) One (1) member shall serve a two (2) year term; 9
(c) Two (2) members shall serve three (3) year terms; 10
(d) One (1) member shall serve a four (4) year term; 11
(e) One (1) member shall serve a five (5) year term; and 12
(f) Two (2) members shall serve six (6) year terms. 13
New appointees of a board of regents shall not serve for more than two (2) 14
consecutive terms. 15
(3) The gubernatorial appointments may include one (1) graduate of the respective 16
institution who resides outside the Commonwealth. Not more than two (2) 17
appointed members of any board shall be residents of one (1) county. The 18
appointments shall reflect the proportional representation of the two (2) leading 19
political parties of the Commonwealth based on the state's voter registration and the 20
political affiliation of each appointee as of December 31 of the year preceding the 21
date of his or her appointment. A particular political affiliation shall not be a 22
prerequisite to appointment to any board generally; however, if any person is 23
appointed to a board that does not represent either of the two (2) leading political 24
parties of the Commonwealth, the proportional representation by political affiliation 25
requirement shall be determined and satisfied based on the total number of 26
members on the board less any members not affiliated with either of the two (2) 27 UNOFFICIAL COPY 25 RS BR 193
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leading political parties. Membership on the board shall reflect no less than 1
proportional representation of the minority racial composition of the 2
Commonwealth based on the total minority racial population using the most recent 3
census or estimate data from the United States Census Bureau. If the determination 4
of proportional minority representation does not result in a whole number of 5
minority members, it shall be rounded up to the next whole number. Membership 6
on the board shall not be incompatible with any state office. A change in residency 7
after the date of appointment shall not affect a member's ability to serve nor shall it 8
prevent a member's eligibility for reappointment, except a member who assumes 9
residency outside the fifty (50) United States shall become immediately ineligible 10
to serve. The Council on Postsecondary Education shall notify the appointee of his 11
or her ineligibility to serve. 12
(4) Appointments to fill vacancies shall be made in the same manner and within the 13
same time after the occurrence of the vacancy as regular appointments. The person 14
appointed shall hold the position for the unexpired term only. 15
(5) Each member of the board shall serve for the term for which the member is 16
appointed and until a successor is appointed and qualified, unless a member is 17
removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 18
(6) (a) The faculty member of a comprehensive university shall be a teaching or 19
research member of the faculty of his or her respective university of the rank 20
of assistant professor or above. The faculty member shall be elected by secret 21
ballot by all faculty members of his or her university of the rank of instructor, 22
assistant professor, or above. The faculty member shall serve for a term of 23
three (3) years and until his successor is elected and qualified. The faculty 24
member shall be eligible for reelection, but he or she shall not be eligible to 25
continue to serve as a member of the board if he or she ceases being a member 26
of the teaching staff of the university. Elections to fill vacancies shall be for 27 UNOFFICIAL COPY 25 RS BR 193
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the unexpired term in the same manner as provided for the original election. 1
(b) The faculty members of the Kentucky Community and Technical College 2
System shall be represented by one (1) faculty member elected from the 3
community colleges and one (1) faculty member elected from the technical 4
institutions to serve three (3) year terms and until their successors are named. 5
The faculty representative of each branch shall be elected by means of a 6
process established by the board. The faculty members may be reelected but 7
shall not serve more than two (2) consecutive terms. A faculty member shall 8
be ineligible to continue to serve as a member of the board if he or she ceases 9
to be a member of the faculty at one (1) of the institutions within the system. 10
Elections to fill vacancies shall be for the unexpired term in the same manner 11
as provided for the original election. These two (2) members shall collectively 12
have one (1) vote which may be cast one-half (1/2) vote by each member. 13
(7) (a) The nonteaching personnel member in a comprehensive university shall be 14
any full-time staff member excluding the president, vice presidents, academic 15
deans, and academic department chairpersons. He or she shall represent all 16
nonteaching university employees including, but not limited to, building 17
facilities and clerical personnel. The member shall be elected by secret ballot 18
by the nonteaching employees. The nonteaching personnel member shall 19
serve a term of three (3) years and until a successor is elected and qualified. 20
The nonteaching personnel member shall be eligible for reelection, but he or 21
she shall not be eligible to continue to serve as a member of the board if he or 22
she ceases being an employee of the university. Elections to fill vacancies 23
shall be for the unexpired term in the same manner as provided for the 24
original election. 25
(b) The nonteaching personnel members in the Kentucky Community and 26
Technical College System shall be any full-time staff member excluding a 27 UNOFFICIAL COPY 25 RS BR 193
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president, chancellor, vice president, academic dean, academic department 1
chair, or other administrator. They shall represent all nonteaching employees 2
in their respective branch institutions including, but not limited to, support 3
and clerical personnel. One (1) member shall be a representative from the 4
community colleges and one (1) member shall be a representative from the 5
technical institutions. They shall serve three (3) year terms and until their 6
successors are named. These two (2) members shall collectively have one (1) 7
vote which may be cast one-half (1/2) vote by each member. The nonteaching 8
personnel members of each branch shall be elected by means of a process 9
established by the board. A nonteaching personnel member may be reelected 10
but shall not serve more than two (2) consecutive terms. A nonteaching 11
employee shall be ineligible to continue to serve as a member of the board if 12
that employee ceases to be a nonteaching employee at one (1) of the 13
institutions within the system. Elections to fill vacancies shall be for the 14
unexpired term in the same manner as provided for the original election. 15
(8) (a) The student member on a comprehensive university board shall serve a one 16
(1) year term beginning on July 1 after being elected and sworn in as student 17
body president and ending on the following June 30. If the student member 18
does not maintain the position as student body president or the status as a full-19
time student at any time during that academic year, a special election shall be 20
held to select a full-time student member. The elected student member shall 21
serve for the remainder of the unexpired term. 22
(b) Two (2) full-time student members shall be elected to the board of regents for 23
the Kentucky Community and Technical College System. One (1) shall 24
represent students of the community colleges and one (1) shall represent the 25
technical institutions. The student members shall be elected by means of a 26
process established by the board. The student members shall serve one (1) 27 UNOFFICIAL COPY 25 RS BR 193
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year terms beginning on July 1 after being elected and sworn in as a student 1
member of the board and ending on the following June 30. If the student 2
member does not maintain the status as a full-time student, a special election 3
shall be held to fill the vacancy for the remainder of the unexpired term. The 4
two (2) members shall collectively have one (1) vote which may be cast one-5
half (1/2) vote by each member. 6
(9) All appointed and elected persons shall be required to attend and complete an 7
orientation and education program prescribed by the council under KRS 8
164.020(24)[(25)], as a condition of their service and eligibility for appointment or 9
election to a second term. 10
(10) Board members may be removed by the Governor under the following 11
circumstances: 12
(a) For cause, pursuant to KRS 63.080(2); or 13
(b) Pursuant to KRS 63.080(3) or (4). 14
(11) The inability of the board or boards of the comprehensive universities or Kentucky 15
Community and Technical College System to hold quarterly meetings, to elect a 16
chairperson annually, to establish a quorum, to adopt an annual budget, to set 17
tuition rates, to conduct an annual evaluation of the president of the university or 18
system, to carry out its primary function to periodically evaluate the university's or 19
system's progress in implementing its mission, goals, and objectives to conform to 20
the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be 21
cause for the Governor to remove all appointed members of the board or boards and 22
replace the entire appointed membership pursuant to KRS 63.080(4). 23
Section 13. KRS 164.821 is amended to read as follows: 24
(1) The government of the University of Louisville is vested in a board of trustees 25
appointed for a term set by law pursuant to Section 23 of the Constitution of 26
Kentucky. The board shall consist of ten (10) members appointed by the Governor, 27 UNOFFICIAL COPY 25 RS BR 193
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at least one (1) of whom shall be a graduate of the university; one (1) member of 1
the teaching faculty of the University of Louisville who shall be the chief executive 2
of the ranking unit of faculty government; one (1) member of the permanent staff of 3
the University of Louisville who shall be the chief executive of the staff senate; and 4
one (1) student member who shall be the president of the student body during the 5
appropriate academic year. The members appointed by the Governor shall be 6
subject to confirmation by the Senate. 7
(a) All appointed and elected persons shall be required to attend and complete an 8
orientation and education program prescribed by the council under KRS 9
164.02024[(25)], as a condition of their service and eligibility for appointment 10
or election to a second term. 11
(b) Board members may be removed by the Governor under the following 12
circumstances: 13
1. For cause, pursuant to KRS 63.080(2); or 14
2. Pursuant to KRS 63.080(3) or(4). 15
(c) New appointees to the board shall not serve more than two (2) consecutive 16
terms. 17
(2) The student member shall serve a one (1) year term beginning on July 1 after being 18
elected and sworn in as student body president and ending on the following June 19
30. If the student member does not maintain the position of student body president 20
or the status of a full-time student at any time during that academic year, a special 21
election shall be held to select a full-time student member. The elected student 22
member shall serve for the remainder of the unexpired term. 23
(3) The faculty member and staff member shall serve one (1) year terms and cease to 24
be eligible for membership on the board of trustees upon termination of their 25
respective relationships with, or leadership positions within, the university, and 26
vacancies occurring for this reason shall be filled for the remainder of the respective 27 UNOFFICIAL COPY 25 RS BR 193
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terms in the same manner. 1
(4) The gubernatorial appointments shall serve a term of six (6) years and until their 2
successors are appointed and qualified, unless a member is removed by the 3
Governor pursuant to KRS 63.080(2), (3), or (4), except the initial terms shall be as 4
follows: 5
(a) Two (2) members shall serve one (1) year terms; 6
(b) Two (2) members shall serve two (2) year terms; 7
(c) Two (2) members shall serve three (3) year terms; 8
(d) Two (2) members shall serve four (4) year terms; 9
(e) One (1) member shall serve a five (5) year term; and 10
(f) One (1) member shall serve a six (6) year term. 11
(5) The Governor shall make his at-large appointments so as to divide the appointed 12
representation upon the board to reflect: 13
(a) The proportional representation of the two (2) leading political parties in the 14
Commonwealth based on the state's voter registration and the political 15
affiliation of each appointee as of December 31 of the year preceding the date 16
of his or her appointment. A particular political affiliation shall not be a 17
prerequisite to appointment to the board generally; however, if any person is 18
appointed to the board that does not represent either of the two (2) leading 19
political parties of the Commonwealth, the proportional representation by 20
political affiliation requirement shall be determined and satisfied based on the 21
total number of members on the board less any members not affiliated with 22
either of the two (2) leading political parties; and 23
(b) No less than the proportional representation of the minority racial composition 24
of the Commonwealth based on the total minority racial population using the 25
most recent census or estimate data from the United States Census Bureau. If 26
the determination of proportional minority representation does not result in a 27 UNOFFICIAL COPY 25 RS BR 193
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whole number of minority members, it shall be rounded up to the next whole 1
number. 2
(6) Vacancies among the appointed members of the board occurring by death, 3
resignation, or any other cause, other than expiration of a term, shall be filled by 4
appointments made by the Governor for the remainder of the unexpired term, 5
subject to the qualifications set forth in this section. 6
(7) Unless specifically approved by the board of trustees under the provisions of KRS 7
164.367, no member of the teaching or administrative staff of the university shall be 8
directly or indirectly interested in any contract with the university for the sale of 9
property, materials, supplies, equipment, or services, with the exception of 10
compensation to the faculty, staff, and student members. 11
(8) The inability of the board to hold regular meetings, to elect a chairperson annually, 12
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 13
annual evaluation of the president of the university, to carry out its primary function 14
to periodically evaluate the institution's progress in implementing its mission, goals, 15
and objectives to conform to the strategic agenda, or to otherwise perform its duties 16
under KRS 164.830 shall be cause for the Governor to remove all appointed 17
members of the board and replace the entire appointed membership pursuant to 18
KRS 63.080(4). 19
Section 14. (1) Contrary provisions of any section of the Kentucky Revised 20
Statutes notwithstanding, 13 KAR 002:060, Degree program approval; equal opportunity 21
goals, shall be null, void, and unenforceable as of the effective date of this Act. 22
(2) Contrary provisions of any section of the Kentucky Revised Statutes 23
notwithstanding, the council shall be prohibited from promulgating an administrative 24
regulation that is identical to, or substantially the same as, 13 KAR 002:060, Degree 25
program approval; equal opportunity goals. 26
Section 15. (1) No later than June 30, 2025, every public postsecondary 27 UNOFFICIAL COPY 25 RS BR 193
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education institution in the Commonwealth shall ensure compliance with the 1
requirements of this Act applicable to institutions and: 2
(a) Eliminate any and all diversity, equity, and inclusion initiatives, including but 3
not limited to any scholarship criteria, living-learning programs, student services, 4
community services, or other initiative designed to promote a discriminatory concept or 5
to provide differential treatment or benefits to an individual on the basis of race, sex, 6
color, or national origin; 7
(b) Eliminate all diversity, equity, and inclusion trainings; 8
(c) Eliminate all diversity, equity, and inclusion offices; and 9
(d) Terminate all diversity, equity, and inclusion officer positions. 10
(2) The Attorney General may bring a civil action for a writ of mandamus to 11
compel a public postsecondary education institution to comply with this section. 12
Section 16. (1) No later than June 30, 2025, the Council on Postsecondary 13
Education shall ensure compliance with the requirements of this Act applicable to the 14
council and: 15
1. Eliminate all diversity, equity, and inclusion initiatives; 16
2. Eliminate all diversity, equity, and inclusion trainings; 17
3. Eliminate all diversity, equity, and inclusion offices; and 18
4. Terminate all diversity, equity, and inclusion officer positions. 19
(2) The Attorney General may bring a civil action for a writ of mandamus to 20
compel the council to comply with this section. 21
Section 17. (1) No later than August 30, 2025, each president of a public 22
postsecondary education institution shall submit a report to the Legislative Research 23
Commission, for referral to the appropriate Interim Joint Committee on Education, and 24
the Attorney General containing: 25
(a) A detailed description of the institution’s compliance with each provision of 26
this Act applicable to institutions that certifies the status of the institution's compliance 27 UNOFFICIAL COPY 25 RS BR 193
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with each provision, the steps taken by the institution to achieve compliance with each 1
provision, and the guardrails put in place to ensure future compliance with each 2
provision; 3
(b) If the president cannot certify the institution's full compliance with any 4
provision of this Act which is applicable to institutions, the president shall provide a 5
detailed and clear description of any obstacles to achieving or certifying compliance with 6
that provision, the measures that the president and institution are enacting to overcome 7
those obstacles, and the estimated completion date of each measure; 8
(c) A detailed description of the institution’s strategy for attracting and retaining 9
faculty members with diverse perspectives and points of view; and 10
(d) A description of the institution’s strategy for fostering a campus environment 11
where the free exchange of ideas is a prized value and where ideas can be freely 12
discussed and debated in accordance with First Amendment principles and without 13
intimidation. 14
(2) The report required by this section shall be published to a prominent, publicly 15
accessible page on the institution's website for a period of no less than one year. The 16
report shall not be combined with any other report when submitted or published by the 17
institution. 18
(3) The Attorney General may bring a civil action for a writ of mandamus to 19
compel a public postsecondary education institution to comply with this section. 20
Section 18. (1) No later than August 30, 2025, the president of the Council 21
on Postsecondary Education shall submit a report to the Legislative Research 22
Commission, for referral to the appropriate Interim Joint Committee on Education, and 23
the Attorney General containing: 24
(a) A detailed description of the council’s compliance with each provision of this 25
Act applicable to the council that certifies the status of the council's compliance with 26
each provision, the steps taken by the council to achieve compliance with each provision, 27 UNOFFICIAL COPY 25 RS BR 193
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and the guardrails put in place to ensure future compliance with each provision; 1
(b) If the president cannot certify the council's compliance with any provision of 2
this Act which is applicable to the council, a detailed and clear description of any 3
obstacles to achieving or certifying compliance with that provision, the measures that the 4
president and council are enacting to overcome those obstacles, and the estimated 5
completion date of each measure; 6
(c) A detailed description of the council’s strategy for attracting and retaining 7
faculty members with diverse perspectives and points of view to Kentucky's 8
postsecondary institutions; and 9
(d) A detailed description of the council’s strategy for fostering a postsecondary 10
education system where the free exchange of ideas is a prized value and ideas can be 11
freely discussed and debated in accordance with First Amendment principles and without 12
intimidation. 13
(2) The report required by this section shall be published to a prominent, publicly 14
accessible page on the council's website for a period of no less than one year. The report 15
shall not be combined with any other report when submitted or published by the 16
institution. 17
(3) The Attorney General may bring a civil action for a writ of mandamus to 18
compel the Council on Postsecondary Education to comply with this section. 19