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AN ACT relating to the Council on Postsecondary Education. 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 25 RS BR 231
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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 approve the minimum qualifications for admission to 7
the state postsecondary educational system. In defining residency, the council 8
shall classify a student as having Kentucky residency if the student met the 9
residency requirements at the beginning of his or her last year in high school 10
and enters a Kentucky postsecondary education institution within two (2) 11
years of high school graduation. In determining the tuition for non-Kentucky 12
residents, the council shall consider the fees required of Kentucky students by 13
institutions in adjoining states, the resident fees charged by other states, the 14
total actual per student cost of training in the institutions for which the fees 15
are being determined, and the ratios of Kentucky students to non-Kentucky 16
students comprising the enrollments of the respective institutions, and other 17
factors the council may in its sole discretion deem pertinent, except that the 18
Kentucky Community and Technical College System may assess a mandatory 19
student fee not to exceed eight dollars ($8) per credit hour to be used 20
exclusively for debt service on amounts not to exceed seventy-five percent 21
(75%) of the total projects cost of the Kentucky Community and Technical 22
College System agency bond projects included in 2014 Ky. Acts ch. 117, Part 23
II, J., 11. 24
(b) The Kentucky Community and Technical College System mandatory fee 25
established in this subsection shall only be used for debt service on agency 26
bond projects. 27 UNOFFICIAL COPY 25 RS BR 231
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(c) Any fee established as provided by this subsection shall cease to be assessed 1
upon the retirement of the project bonds for which it services debt. 2
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical 3
College System shall certify in writing to the secretary of the Finance and 4
Administration Cabinet that sufficient funds have been raised to meet the 5
local match equivalent to twenty-five percent (25%) of the total project cost; 6
(9) Devise, establish, and periodically review and revise policies to be used in making 7
recommendations to the Governor for consideration in developing 8
recommendations to the General Assembly for appropriations to the universities, 9
the Kentucky Community and Technical College System, and to support strategies 10
for persons to maintain necessary levels of literacy throughout their lifetimes. The 11
council has sole discretion, with advice of the Strategic Committee on 12
Postsecondary Education and the executive officers of the postsecondary education 13
system, to devise policies that provide for allocation of funds among the 14
universities and the Kentucky Community and Technical College System; 15
(10) Lead and provide staff support for the biennial budget process as provided under 16
KRS Chapter 48, in cooperation with the committee; 17
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 18
capital construction projects covered by KRS 45.750(1)(f), including real 19
property acquisitions, and regardless of the source of funding for projects or 20
acquisitions. Approval of capital projects and real property acquisitions shall 21
be on a basis consistent with the strategic agenda and the mission of the 22
respective universities and the Kentucky Community and Technical College 23
System. 24
(b) The organized groups that are establishing community college satellites as 25
branches of existing community colleges in the counties of Laurel, Leslie, and 26
Muhlenberg, and that have substantially obtained cash, pledges, real property, 27 UNOFFICIAL COPY 25 RS BR 231
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or other commitments to build the satellite at no cost to the Commonwealth, 1
other than operating costs that shall be paid as part of the operating budget of 2
the main community college of which the satellite is a branch, are authorized 3
to begin construction of the satellite on or after January 1, 1998; 4
(12) Require reports from the executive officer of each institution it deems necessary for 5
the effectual performance of its duties; 6
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 7
services and programs provided by private postsecondary institutions and shall 8
promote maximum cooperation between the state postsecondary system and private 9
postsecondary institutions. Receive and consider an annual report prepared by the 10
Association of Independent Kentucky Colleges and Universities stating the 11
condition of independent institutions, listing opportunities for more collaboration 12
between the state and independent institutions and other information as appropriate; 13
(14) Establish course credit, transfer, and degree components as required in KRS 14
164.2951; 15
(15) Define and approve the offering of all postsecondary education technical, associate, 16
baccalaureate, graduate, and professional degree, certificate, or diploma programs 17
in the public postsecondary education institutions. The council shall expedite 18
wherever possible the approval of requests from the Kentucky Community and 19
Technical College System board of regents relating to new certificate, diploma, 20
technical, or associate degree programs of a vocational-technical and occupational 21
nature. Without the consent of the General Assembly, the council shall not abolish 22
or limit the total enrollment of the general program offered at any community 23
college to meet the goal of reasonable access throughout the Commonwealth to a 24
two (2) year course of general studies designed for transfer to a baccalaureate 25
program. This does not restrict or limit the authority of the council, as set forth in 26
this section, to eliminate or make changes in individual programs within that 27 UNOFFICIAL COPY 25 RS BR 231
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general program; 1
(16) Eliminate, in its discretion, existing programs or make any changes in existing 2
academic programs at the state's postsecondary educational institutions, taking into 3
consideration these criteria: 4
(a) Consistency with the institution's mission and the strategic agenda; 5
(b) Alignment with the priorities in the strategic implementation plan for 6
achieving the strategic agenda; 7
(c) Elimination of unnecessary duplication of programs within and among 8
institutions; and 9
(d) Efforts to create cooperative programs with other institutions through 10
traditional means, or by use of distance learning technology and electronic 11
resources, to achieve effective and efficient program delivery; 12
(17) Ensure the governing board and faculty of all postsecondary education institutions 13
are committed to providing instruction free of discrimination against students who 14
hold political views and opinions contrary to those of the governing board and 15
faculty; 16
(18) Review proposals and make recommendations to the Governor regarding the 17
establishment of new public community colleges, technical institutions, and new 18
four (4) year colleges; 19
(19) [Postpone the approval of any new program at a state postsecondary educational 20
institution, unless the institution has met its equal educational opportunity goals, as 21
established by the council. In accordance with administrative regulations 22
promulgated by the council, those institutions not meeting the goals shall be able to 23
obtain a temporary waiver, if the institution has made substantial progress toward 24
meeting its equal educational opportunity goals; 25
(20) ]Ensure the coordination, transferability, and connectivity of technology among 26
postsecondary institutions in the Commonwealth including the development and 27 UNOFFICIAL COPY 25 RS BR 231
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implementation of a technology plan as a component of the strategic agenda; 1
(20)[(21)] Approve the teacher education programs in the public institutions that comply 2
with standards established by the Education Professional Standards Board pursuant 3
to KRS 161.028; 4
(21)[(22)] Constitute the representative agency of the Commonwealth in all matters of 5
postsecondary education of a general and statewide nature which are not otherwise 6
delegated to one (1) or more institutions of postsecondary learning. The 7
responsibility may be exercised through appropriate contractual relationships with 8
individuals or agencies located within or without the Commonwealth. The authority 9
includes but is not limited to contractual arrangements for programs of research, 10
specialized training, and cultural enrichment; 11
(22)[(23)] Maintain procedures for the approval of a designated receiver to provide for 12
the maintenance of student records of the public institutions of higher education and 13
the colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 14
165A.310 which offer collegiate level courses for academic credit, which cease to 15
operate. Procedures shall include assurances that, upon proper request, subject to 16
federal and state laws and regulations, copies of student records shall be made 17
available within a reasonable length of time for a minimum fee; 18
(23)[(24)] Monitor and transmit a report on compliance with KRS 164.351 to the 19
director of the Legislative Research Commission for distribution to the Interim 20
Joint Committee on Families and Children; 21
(24)[(25)] (a) Develop in cooperation with each public university and the Kentucky 22
Community and Technical College System a comprehensive orientation and 23
education program for new members of the council and the governing boards 24
and continuing education opportunities for all council and board members. 25
For new members of the council and institutional governing boards, the 26
council shall: 27 UNOFFICIAL COPY 25 RS BR 231
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1. Ensure that the orientation and education program comprises six (6) 1
hours of instruction time and includes but is not limited to information 2
concerning the roles of the council and governing board members, the 3
strategic agenda and the strategic implementation plan, and the 4
respective institution's mission, budget and finances, strategic plans and 5
priorities, institutional policies and procedures, board fiduciary 6
responsibilities, legal considerations including open records and open 7
meetings requirements, ethical considerations arising from board 8
membership, and the board member removal and replacement 9
provisions of KRS 63.080; 10
2. Establish delivery methods by which the orientation and education 11
program can be completed in person or electronically by new members 12
within one (1) year of their appointment or election; 13
3. Provide an annual report to the Governor and Legislative Research 14
Commission of those new board members who do not complete the 15
required orientation and education program; and 16
4. Invite governing board members of private colleges and universities 17
licensed by the Council on Postsecondary Education to participate in the 18
orientation and education program described in this subsection; 19
(b) Offer, in cooperation with the public universities and the Kentucky 20
Community and Technical College System, continuing education 21
opportunities for all council and governing board members; and 22
(c) Review and approve the orientation programs of each public university and 23
the Kentucky Community and Technical College System for their governing 24
board members to ensure that all programs and information adhere to this 25
subsection; 26
(25)[(26)] Develop a financial reporting procedure to be used by all state postsecondary 27 UNOFFICIAL COPY 25 RS BR 231
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education institutions to ensure uniformity of financial information available to 1
state agencies and the public; 2
(26)[(27)] Select and appoint a president of the council under KRS 164.013; 3
(27)[(28)] Employ consultants and other persons and employees as may be required for 4
the council's operations, functions, and responsibilities; 5
(28)[(29)] Promulgate administrative regulations, in accordance with KRS Chapter 13A, 6
governing its powers, duties, and responsibilities as described in this section; 7
(29)[(30)] Prepare and present by January 31 of each year an annual status report on 8
postsecondary education in the Commonwealth to the Governor, the Strategic 9
Committee on Postsecondary Education, and the Legislative Research Commission; 10
(30)[(31)] Consider the role, function, and capacity of independent institutions of 11
postsecondary education in developing policies to meet the immediate and future 12
needs of the state. When it is found that independent institutions can meet state 13
needs effectively, state resources may be used to contract with or otherwise assist 14
independent institutions in meeting these needs; 15
(31)[(32)] Create advisory groups representing the presidents, faculty, nonteaching staff, 16
and students of the public postsecondary education system and the independent 17
colleges and universities; 18
(32)[(33)] Develop a statewide policy to promote employee and faculty development in 19
state and locally operated secondary area technology centers through the waiver of 20
tuition for college credit coursework in the public postsecondary education system. 21
Any regular full-time employee of a state or locally operated secondary area 22
technology center may, with prior administrative approval of the course offering 23
institution, take a maximum of six (6) credit hours per term at any public 24
postsecondary institution. The institution shall waive the tuition up to a maximum 25
of six (6) credit hours per term. The employee shall complete the Free Application 26
for Federal Student Aid to determine the level of need and eligibility for state and 27 UNOFFICIAL COPY 25 RS BR 231
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federal financial aid programs. The amount of tuition waived shall not exceed the 1
cost of tuition at the institution less any state or federal grants received, which shall 2
be credited first to the student's tuition; 3
(33)[(34)] Participate with the Kentucky Department of Education, the Kentucky Board 4
of Education, and postsecondary education institutions to ensure that academic 5
content requirements for successful entry into postsecondary education programs 6
are aligned with high school content standards and that students who master the 7
high school academic content standards shall not need remedial courses. The 8
council shall monitor the results on an ongoing basis; 9
(34)[(35)] Cooperate with the Kentucky Department of Education and the Education 10
Professional Standards Board in providing information sessions to selected 11
postsecondary education content faculty and teacher educators of the high school 12
academic content standards as required under KRS 158.6453(2)(l); 13
(35)[(36)] Cooperate with the Office of the Kentucky Center for Statistics and ensure the 14
participation of the public institutions as required in KRS 151B.133; 15
(36)[(37)] Pursuant to KRS 63.080, review written notices from the Governor or from a 16
board of trustees or board of regents concerning removal of a board member or the 17
entire appointed membership of a board, investigate the member or board and the 18
conduct alleged to support removal, and make written recommendations to the 19
Governor and the Legislative Research Commission as to whether the member or 20
board should be removed; and 21
(37)[(38)] Exercise any other powers, duties, and responsibilities necessary to carry out 22
the purposes of this chapter. Nothing in this chapter shall be construed to grant the 23
Council on Postsecondary Education authority to disestablish or eliminate any 24
college of law which became a part of the state system of higher education through 25
merger with a state college. 26
Section 2. KRS 164.011 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 231
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(1) There is hereby created and established a Council on Postsecondary Education in 1
Kentucky as an agency, instrumentality, and political subdivision of the 2
Commonwealth and a public body corporate and politic having all powers, duties, 3
and responsibilities as are provided to it by law, appointed for a term set by law 4
pursuant to Section 23 of the Constitution of Kentucky. The council shall be 5
composed of the commissioner of education, a faculty member, a student member, 6
and thirteen (13) citizen members appointed by the Governor. The citizen members 7
shall be confirmed by the Senate under KRS 11.160, and the commissioner of 8
education shall serve as a nonvoting ex officio member. Citizen council members 9
shall be selected from a list of nominees provided to the Governor under the 10
nominating process set forth in KRS 164.005. If the General Assembly is not in 11
session at the time of the appointment, persons appointed shall serve prior to 12
confirmation, but the Governor shall seek the consent of the Senate at the next 13
regular session or at an intervening extraordinary session if the matter is included in 14
the call of the General Assembly. 15
(2) By no later than thirty (30) days after May 30, 1997, the Governor's Postsecondary 16
Education Nominating Committee shall submit nominations to the Governor as set 17
forth in KRS 164.005. On making appointments to the council, the Governor shall 18
ensure broad geographical and political representation; ensure equal representation 19
of the two (2) sexes, inasmuch as possible; ensure no less than proportional 20
representation of the two (2) leading political parties of the Commonwealth based 21
on the state's voter registration and the political affiliation of each appointee as of 22
December 31 of the year preceding the date of his or her appointment; and ensure 23
that appointments reflect the minority racial composition of the Commonwealth 24
based on the total minority racial population using the most recent census or 25
estimate data from the United States Census Bureau. If the determination of 26
proportional minority representation does not result in a whole number of minority 27 UNOFFICIAL COPY 25 RS BR 231
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members, it shall be rounded up to the next whole number. A particular political 1
affiliation shall not be a prerequisite to appointment to the council generally; 2
however, if any person is appointed to the council that does not represent either of 3
the two (2) leading political parties of the Commonwealth, the proportional 4
representation by political affiliation requirement shall be determined and satisfied 5
based on the total number of members on the council less any members not 6
affiliated with either of the two (2) leading political parties. In filling vacancies to 7
the council, the Governor shall act so as to provide, inasmuch as possible, equal 8
representation of the two (2) sexes by appointing a member of the sex that is the 9
lesser represented at the time of the appointment. If the remaining membership 10
already has an equal number of males and females, the Governor may appoint a 11
member of either sex. No more than two (2) members of the council shall hold an 12
undergraduate degree from any one (1) Kentucky university, and no more than 13
three (3) voting members of the council shall reside in any one (1) judicial district 14
of the Kentucky Supreme Court as of the date of the appointment. However, change 15
in residency after the date of appointment shall not affect the ability to serve. 16
(3) One (1) member shall be a full-time faculty member employed at a state institution 17
of postsecondary education. The faculty member shall be appointed to a four (4) 18
year term by the Governor from a list of three (3) nominees selected and submitted 19
by majority vote of the ten (10) faculty members who serve as faculty 20
representatives of the boards of trustees and boards of regents of the nine (9) 21
postsecondary education institutions. 22
(4) One (1) member shall be enrolled as a full-time student at a state institution of 23
postsecondary education and shall be selected annually in the following manner: 24
not later than June 1 of each year the eight (8) student body presidents of the four 25
(4) year state public institutions of higher education, the two (2) student members to 26
the Kentucky Community and Technical College System, and one (1) student body 27 UNOFFICIAL COPY 25 RS BR 231
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president representing the members of the Association of Independent Kentucky 1
Colleges and Universities shall elect by majority vote three (3) nominees to submit 2
to the Governor. From this list of nominees, the Governor shall appoint a student 3
member. 4
(5) In filling any vacancies, the Governor shall ensure the continuing representation 5
upon the council of the broad constituencies as set forth in subsection (2) of this 6
section. Vacancies on the council shall be filled for the unexpired term in 7
accordance with the procedures established for the original appointments. 8
(6) Each citizen member shall serve a term of six (6) years unless removed by the 9
Governor for cause[, except the initial appointments shall be as follows: 10
(a) Two (2) appointments shall expire December 31, 1997; 11
(b) Three (3) appointments shall expire December 31, 1998; 12
(c) Two (2) appointments shall expire December 31, 1999; 13
(d) Two (2) appointments shall expire December 31, 2000; 14
(e) Two (2) appointments shall expire December 31, 2001; and 15
(f) Two (2) appointments shall expire December 31, 2002]. 16
(7) Any person, other than the chief state school officer, holding either an elective or 17
appointive state office or who is a member of the governing board of any state 18
university in Kentucky, shall be ineligible for membership or appointment on the 19
council during his term. 20
(8) The members of the council shall elect the chair and the vice chair of the council 21
from among the council's membership, and the chair and vice chair shall serve at 22
the pleasure of the council. The vice chair shall serve as chair in the absence of the 23
chair. 24
(9) The council shall meet at least quarterly and at other times upon the call of the chair 25
or a majority of the council. 26
(10) A quorum shall be a majority of the appointive membership of the council. 27 UNOFFICIAL COPY 25 RS BR 231
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(11) A quorum shall be required to organize and conduct the business of the council, 1
except that an affirmative vote of eight (8) or more appointive members of the 2
entire council shall be required to dismiss from employment the president of the 3
council, and to adopt or amend the state strategic postsecondary education agenda. 4
(12) New appointees to the council shall not serve more than two (2) consecutive terms. 5
(13) New appointees to the council shall complete an orientation and education program 6
set forth in KRS 164.020(24)[(25)] to be eligible for appointment to a second term. 7
Section 3. KRS 164.131 is amended to read as follows: 8
(1) (a) The government of the University of Kentucky is vested in a board of trustees 9
appointed for a term set by law pursuant to Section 23 of the Constitution of 10
Kentucky. 11
(b) All appointed and elected persons shall be required to attend and complete an 12
orientation and education program prescribed by the council under KRS 13
164.020(24)[(25)], as a condition of their service and eligibility for 14
appointment or election to a second term. 15
(c) The board shall periodically evaluate the institution's progress in 16
implementing its missions, goals, and objectives to conform to the strategic 17
agenda. Officers and officials shall be held accountable for the status of the 18
institution's progress. 19
(d) Board members may be removed by the Governor under the following 20
circumstances: 21
1. For cause, pursuant to KRS 63.080(2); or 22
2. Pursuant to KRS 63.080(3) or (4). 23
(e) The board shall consist of sixteen (16) members appointed by the Governor, 24
two (2) members of the faculty of the University of Kentucky, one (1) 25
member of the University of Kentucky nonteaching personnel, and one (1) 26
member of the student body of the University of Kentucky. The members 27 UNOFFICIAL COPY 25 RS BR 231
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appointed by the Governor shall be subject to confirmation by the Senate. The 1
voting members of the board shall select a chairperson annually. 2
(2) (a) The terms of the appointed members shall be for six (6) years and until their 3
successors are appointed and qualified, unless a member is removed by the 4
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial 5
appointments shall be as follows: 6
1. Two (2) members shall serve one (1) year terms; 7
2. Two (2) members shall serve two (2) year terms, one (1) of whom shall 8
be a graduate of the university, selected from a list of three (3) names 9
submitted by the alumni of the university according to rules established 10
by the board of trustees; 11
3. Three (3) members shall serve three (3) year terms; 12
4. Three (3) members shall serve four (4) year terms, one (1) of whom 13
shall be a graduate of the university, selected as under subparagraph 2. 14
of this subsection; 15
5. Three (3) members shall serve five (5) year terms; and 16
6. Three (3) members shall serve six (6) year terms, one (1) of whom shall 17
be a graduate of the university, selected as under subparagraph 2. of this 18
subsection]. 19
(b) 1. Three (3) of the appointments shall be graduates of the university and 20
may include one (1) graduate of the institution who resides outside the 21
Commonwealth; 22
2. Three (3) shall be representative of agricultural interests; and 23
3. Ten (10) shall be other distinguished citizens representative of the 24
learned professions and may include one (1) who resides outside of 25
Kentucky. 26
(c) The Governor shall make the appointments so as to reflect proportional 27 UNOFFICIAL COPY 25 RS BR 231
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representation of the two (2) leading political parties of the Commonwealth 1
based on the state's voter registration and the political affiliation of each 2
appointee as of December 31 of the year preceding the date of his or her 3
appointment, and to reflect no less than proportional representation of the 4
minority racial composition of the Commonwealth based on the total minority 5
racial population using the most recent census or estimate data from the 6
United States Census Bureau. If the determination of proportional minority 7
representation does not result in a whole number of minority members, it shall 8
be rounded up to the next whole number. A particular political affiliation shall 9
not be a prerequisite to appointment to the board generally; however, if any 10
person is appointed to the board that does not represent either of the two (2) 11
leading political parties of the Commonwealth, the proportional representation 12
by political affiliation requirement shall be determined and satisfied based on 13
the total number of members on the board less any members not affiliated 14
with either of the two (2) leading political parties. 15
(d) Appointments to fill vacancies shall be made for the unexpired term in the 16
same manner as provided for the original appointments. 17
(3) The two (2) University of Kentucky faculty members shall be of the rank of 18
assistant professor or above. They shall be elected by secret ballot by all University 19
of Kentucky faculty members of the rank of assistant professor or above. Faculty 20
members shall serve for terms of three (3) years and until their successors are 21
elected and qualified. Faculty members shall be eligible for reelection, but they 22
shall be ineligible to continue to serve as members of the board of trustees if they 23
cease to be members of the faculty of the university. Elections to fill vacancies shall 24
be for the unexpired term in the same manner as provided for original elections. 25
(4) The nonteaching personnel member shall be any full-time staff member, excluding 26
the president, vice-presidents, academic deans, and academic department 27 UNOFFICIAL COPY 25 RS BR 231
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chairpersons. The staff member shall represent all nonteaching university 1
employees, including but not limited to building facilities and clerical personnel. 2
The staff member shall be elected by secret ballot by the nonteaching employees. 3
The staff member shall serve a term of three (3) years and until a successor is 4
elected and qualified. The staff member shall be eligible for reelection, but a staff 5
member who ceases being an employee of the university shall not be eligible to 6
continue to serve as a member of the board. Elections to fill vacancies shall be for 7
the unexpired term and shall be held in the same manner as provided for the 8
original election. 9
(5) The student member shall serve a one (1) year term beginning on July 1 after being 10
elected and sworn in as student body president and ending on the following June 11
30. If the student member does not maintain the position of student body president 12
or the status of a full-time student at any time during that academic year, a special 13
election shall be held to select a full-time student member. The elected student 14
member shall serve for the remainder of the unexpired term. 15
(6) The number of student and employee trustees of the University of Kentucky elected 16
to the board shall not exceed four (4). 17
(7) Unless specifically approved by the board of trustees under the provisions of KRS 18
164.367, no member of the administrative staff of the university shall be directly or 19
indirectly interested in any contract with the university for the sale of property, 20
materials, supplies, equipment, or services, with exception of compensation to the 21
two (2) faculty members, and the one (1) nonteaching personnel member. 22
(8) New appointees of the board shall not serve more than two (2) consecutive terms. 23
(9) The inability of the board to hold regular meetings, to elect a chairperson annually, 24
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 25
annual evaluation of the president of the university, or to carry out its primary 26
function to periodically evaluate the institution's progress in implementing its 27 UNOFFICIAL COPY 25 RS BR 231
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mission, goals, and objectives to conform to the strategic agenda shall be cause for 1
the Governor to remove all appointed members of the board and replace the entire 2
appointed membership pursuant to KRS 63.080(4). 3
Section 4. KRS 164.321 is amended to read as follows: 4
(1) Eastern Kentucky University, Morehead State University, Murray State University, 5
Western Kentucky University, Kentucky State University, Northern Kentucky 6
University, and the Kentucky Community and Technical College System shall each 7
be governed by a board of regents appointed for a term set by law pursuant to 8
Section 23 of the Constitution of Kentucky. 9
(a) Each board of the comprehensive universities shall consist of eight (8) 10
members appointed by the Governor, one (1) member of the teaching faculty, 11
one (1) member of the university nonteaching personnel, and one (1) member 12
of the student body of the respective university or college. The members 13
appointed by the Governor shall be subject to confirmation by the Senate. The 14
members of the board shall select a chairperson annually. 15
(b) The board of the Kentucky Community and Technical College System shall 16
consist of eight (8) members appointed by the Governor, two (2) members of 17
the teaching faculty, two (2) members of the nonteaching personnel, and two 18
(2) members of the student body. The members appointed by the Governor 19
shall be subject to confirmation by the Senate. 20
1. No more than three (3) appointed members of the board shall reside in 21
any one (1) judicial district of the Kentucky Supreme Court as of the 22
date of the appointment. 23
2. A change in residency of a gubernatorial appointee after the date of 24
appointment shall not affect the appointee's ability to serve or eligibility 25
for reappointment, except an appointee who assumes residency outside 26
the fifty (50) United States shall become immediately ineligible to serve. 27 UNOFFICIAL COPY 25 RS BR 231
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The Council on Postsecondary Education shall notify the appointee of 1
his or her ineligibility to serve. 2
3. In making initial appointments, the Governor shall act so as to provide 3
equal representation of the two (2) sexes. In filling vacancies, the 4
Governor shall act so as to provide, inasmuch as possible, equal 5
representation of the two (2) sexes by appointing a member of the sex 6
that is the lesser represented at the time of the appointment. If the 7
remaining membership already has an equal number of males and 8
females, the Governor may appoint a member of either sex. 9
(2) (a) The terms of appointed members shall be for six (6) years and until their 10
successors are appointed and qualified, unless a member is removed by the 11
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial 12
appointments to the board of regents for the Kentucky Community and 13
Technical College System shall be as follows: 14
(a) One (1) member shall serve a one (1) year term; 15
(b) One (1) member shall serve a two (2) year term; 16
(c) Two (2) members shall serve three (3) year terms; 17
(d) One (1) member shall serve a four (4) year term; 18
(e) One (1) member shall serve a five (5) year term; and 19
(f) Two (2) members shall serve six (6) year terms]. 20
(b) New appointees of a board of regents shall not serve for more than two (2) 21
consecutive terms. 22
(3) The gubernatorial appointments may include one (1) graduate of the respective 23
institution who resides outside the Commonwealth. Not more than two (2) 24
appointed members of any board shall be residents of one (1) county. The 25
appointments shall reflect the proportional representation of the two (2) leading 26
political parties of the Commonwealth based on the state's voter registration and the 27 UNOFFICIAL COPY 25 RS BR 231
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political affiliation of each appointee as of December 31 of the year preceding the 1
date of his or her appointment. A particular political affiliation shall not be a 2
prerequisite to appointment to any board generally; however, if any person is 3
appointed to a board that does not represent either of the two (2) leading political 4
parties of the Commonwealth, the proportional representation by political affiliation 5
requirement shall be determined and satisfied based on the total number of 6
members on the board less any members not affiliated with either of the two (2) 7
leading political parties. Membership on the board shall reflect no less than 8
proportional representation of the minority racial composition of the 9
Commonwealth based on the total minority racial population using the most recent 10
census or estimate data from the United States Census Bureau. If the determination 11
of proportional minority representation does not result in a whole number of 12
minority members, it shall be rounded up to the next whole number. Membership 13
on the board shall not be incompatible with any state office. A change in residency 14
after the date of appointment shall not affect a member's ability to serve nor shall it 15
prevent a member's eligibility for reappointment, except a member who assumes 16
residency outside the fifty (50) United States shall become immediately ineligible 17
to serve. The Council on Postsecondary Education shall notify the appointee of his 18
or her ineligibility to serve. 19
(4) Appointments to fill vacancies shall be made in the same manner and within the 20
same time after the occurrence of the vacancy as regular appointments. The person 21
appointed shall hold the position for the unexpired term only. 22
(5) Each member of the board shall serve for the term for which the member is 23
appointed and until a successor is appointed and qualified, unless a member is 24
removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 25
(6) (a) The faculty member of a comprehensive university shall be a teaching or 26
research member of the faculty of his or her respective university of the rank 27 UNOFFICIAL COPY 25 RS BR 231
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of assistant professor or above. The faculty member shall be elected by secret 1
ballot by all faculty members of his or her university of the rank of instructor, 2
assistant professor, or above. The faculty member shall serve for a term of 3
three (3) years and until his successor is elected and qualified. The faculty 4
member shall be eligible for reelection, but he or she shall not be eligible to 5
continue to serve as a member of the board if he or she ceases being a member 6
of the teaching staff of the university. Elections to fill vacancies shall be for 7
the unexpired term in the same manner as provided for the original election. 8
(b) The faculty members of the Kentucky Community and Technical College 9
System shall be represented by one (1) faculty member elected from the 10
community colleges and one (1) faculty member elected from the technical 11
institutions to serve three (3) year terms and until their successors are named. 12
The faculty representative of each branch shall be elected by means of a 13
process established by the board. The faculty members may be reelected but 14
shall not serve more than two (2) consecutive terms. A faculty member shall 15
be ineligible to continue to serve as a member of the board if he or she ceases 16
to be a member of the faculty at one (1) of the institutions within the system. 17
Elections to fill vacancies shall be for the unexpired term in the same manner 18
as provided for the original election. These two (2) members shall collectively 19
have one (1) vote which may be cast one-half (1/2) vote by each member. 20
(7) (a) The nonteaching personnel member in a comprehensive university shall be 21
any full-time staff member excluding the president, vice presidents, academic 22
deans, and academic department chairpersons. He or she shall represent all 23
nonteaching university employees including, but not limited to, building 24
facilities and clerical personnel. The member shall be elected by secret ballot 25
by the nonteaching employees. The nonteaching personnel member shall 26
serve a term of three (3) years and until a successor is elected and qualified. 27 UNOFFICIAL COPY 25 RS BR 231
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The nonteaching personnel member shall be eligible for reelection, but he or 1
she shall not be eligible to continue to serve as a member of the board if he or 2
she ceases being an employee of the university. Elections to fill vacancies 3
shall be for the unexpired term in the same manner as provided for the 4
original election. 5
(b) The nonteaching personnel members in the Kentucky Community and 6
Technical College System shall be any full-time staff member excluding a 7
president, chancellor, vice president, academic dean, academic department 8
chair, or other administrator. They shall represent all nonteaching employees 9
in their respective branch institutions including, but not limited to, support 10
and clerical personnel. One (1) member shall be a representative from the 11
community colleges and one (1) member shall be a representative from the 12
technical institutions. They shall serve three (3) year terms and until their 13
successors are named. These two (2) members shall collectively have one (1) 14
vote which may be cast one-half (1/2) vote by each member. The nonteaching 15
personnel members of each branch shall be elected by means of a process 16
established by the board. A nonteaching personnel member may be reelected 17
but shall not serve more than two (2) consecutive terms. A nonteaching 18
employee shall be ineligible to continue to serve as a member of the board if 19
that employee ceases to be a nonteaching employee at one (1) of the 20
institutions within the system. Elections to fill vacancies shall be for the 21
unexpired term in the same manner as provided for the original election. 22
(8) (a) The student member on a comprehensive university board shall serve a one 23
(1) year term beginning on July 1 after being elected and sworn in as student 24
body president and ending on the following June 30. If the student member 25
does not maintain the position as student body president or the status as a full-26
time student at any time during that academic year, a special election shall be 27 UNOFFICIAL COPY 25 RS BR 231
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held to select a full-time student member. The elected student member shall 1
serve for the remainder of the unexpired term. 2
(b) Two (2) full-time student members shall be elected to the board of regents for 3
the Kentucky Community and Technical College System. One (1) shall 4
represent students of the community colleges and one (1) shall represent the 5
technical institutions. The student members shall be elected by means of a 6
process established by the board. The student members shall serve one (1) 7
year terms beginning on July 1 after being elected and sworn in as a student 8
member of the board and ending on the following June 30. If the student 9
member does not maintain the status as a full-time student, a special election 10
shall be held to fill the vacancy for the remainder of the unexpired term. The 11
two (2) members shall collectively have one (1) vote which may be cast one-12
half (1/2) vote by each member. 13
(9) All appointed and elected persons shall be required to attend and complete an 14
orientation and education program prescribed by the council under KRS 15
164.020(24)[(25)], as a condition of their service and eligibility for appointment or 16
election to a second term. 17
(10) Board members may be removed by the Governor under the following 18
circumstances: 19
(a) For cause, pursuant to KRS 63.080(2); or 20
(b) Pursuant to KRS 63.080(3) or (4). 21
(11) The inability of the board or boards of the comprehensive universities or Kentucky 22
Community and Technical College System to hold quarterly meetings, to elect a 23
chairperson annually, to establish a quorum, to adopt an annual budget, to set 24
tuition rates, to conduct an annual evaluation of the president of the university or 25
system, to carry out its primary function to periodically evaluate the university's or 26
system's progress in implementing its mission, goals, and objectives to conform to 27 UNOFFICIAL COPY 25 RS BR 231
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the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be 1
cause for the Governor to remove all appointed members of the board or boards and 2
replace the entire appointed membership pursuant to KRS 63.080(4). 3
Section 5. KRS 164.821 is amended to read as follows: 4
(1) The government of the University of Louisville is vested in a board of trustees 5
appointed for a term set by law pursuant to Section 23 of the Constitution of 6
Kentucky. The board shall consist of ten (10) members appointed by the Governor, 7
at least one (1) of whom shall be a graduate of the university; one (1) member of 8
the teaching faculty of the University of Louisville who shall be the chief executive 9
of the ranking unit of faculty government; one (1) member of the permanent staff of 10
the University of Louisville who shall be the chief executive of the staff senate; and 11
one (1) student member who shall be the president of the student body during the 12
appropriate academic year. The members appointed by the Governor shall be 13
subject to confirmation by the Senate. 14
(a) All appointed and elected persons shall be required to attend and complete an 15
orientation and education program prescribed by the council under KRS 16
164.020(24)[(25)], as a condition of their service and eligibility for 17
appointment or election to a second term. 18
(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
(c) New appointees to the board shall not serve more than two (2) consecutive 23
terms. 24
(2) The student member shall serve a one (1) year term beginning on July 1 after being 25
elected and sworn in as student body president and ending on the following June 26
30. If the student member does not maintain the position of student body president 27 UNOFFICIAL COPY 25 RS BR 231
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or the status of a full-time student at any time during that academic year, a special 1
election shall be held to select a full-time student member. The elected student 2
member shall serve for the remainder of the unexpired term. 3
(3) The faculty member and staff member shall serve one (1) year terms and cease to 4
be eligible for membership on the board of trustees upon termination of their 5
respective relationships with, or leadership positions within, the university, and 6
vacancies occurring for this reason shall be filled for the remainder of the respective 7
terms in the same manner. 8
(4) The gubernatorial appointments shall serve a term of six (6) years and until their 9
successors are appointed and qualified, unless a member is removed by the 10
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial terms shall be as 11
follows: 12
(a) Two (2) members shall serve one (1) year terms; 13
(b) Two (2) members shall serve two (2) year terms; 14
(c) Two (2) members shall serve three (3) year terms; 15
(d) Two (2) members shall serve four (4) year terms; 16
(e) One (1) member shall serve a five (5) year term; and 17
(f) One (1) member shall serve a six (6) year term]. 18
(5) The Governor shall make his at-large appointments so as to divide the appointed 19
representation upon the board to reflect: 20
(a) The proportional representation of the two (2) leading political parties in the 21
Commonwealth based on the state's voter registration and the political 22
affiliation of each appointee as of December 31 of the year preceding the date 23
of his or her appointment. A particular political affiliation shall not be a 24
prerequisite to appointment to the board generally; however, if any person is 25
appointed to the board that does not represent either of the two (2) leading 26
political parties of the Commonwealth, the proportional representation by 27 UNOFFICIAL COPY 25 RS BR 231
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political affiliation requirement shall be determined and satisfied based on the 1
total number of members on the board less any members not affiliated with 2
either of the two (2) leading political parties; and 3
(b) No less than the proportional representation of the minority racial composition 4
of the Commonwealth based on the total minority racial population using the 5
most recent census or estimate data from the United States Census Bureau. If 6
the determination of proportional minority representation does not result in a 7
whole number of minority members, it shall be rounded up to the next whole 8
number. 9
(6) Vacancies among the appointed members of the board occurring by death, 10
resignation, or any other cause, other than expiration of a term, shall be filled by 11
appointments made by the Governor for the remainder of the unexpired term, 12
subject to the qualifications set forth in this section. 13
(7) Unless specifically approved by the board of trustees under the provisions of KRS 14
164.367, no member of the teaching or administrative staff of the university shall be 15
directly or indirectly interested in any contract with the university for the sale of 16
property, materials, supplies, equipment, or services, with the exception of 17
compensation to the faculty, staff, and student members. 18
(8) The inability of the board to hold regular meetings, to elect a chairperson annually, 19
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 20
annual evaluation of the president of the university, to carry out its primary function 21
to periodically evaluate the institution's progress in implementing its mission, goals, 22
and objectives to conform to the strategic agenda, or to otherwise perform its duties 23
under KRS 164.830 shall be cause for the Governor to remove all appointed 24
members of the board and replace the entire appointed membership pursuant to 25
KRS 63.080(4). 26