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HB619 • 2026

AN ACT relating to public postsecondary education.

AN ACT relating to public postsecondary education.

Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
J. Bray
Last action
2026-04-14
Official status
04/14/26: delivered to Secretary of State (Acts Ch. 164)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT relating to public postsecondary education.

AN ACT relating to public postsecondary education.

What This Bill Does

  • AN ACT relating to public postsecondary education.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

CONFERENCECOMMITTEEREPORT1

Conference Committee Report 1

Do not agree.

Plain English: 26 RS Doc ID: XXXX CONFERENCE COMMITTEE REPORT The Conference Committee on HB 619 has met as provided in the Rules of the House and Senate and hereby reports the following to be adopted: The House concur on The Senate recede from The Senate concur on The House recede from OR X Cannot agree.

  • 26 RS Doc ID: XXXX CONFERENCE COMMITTEE REPORT The Conference Committee on HB 619 has met as provided in the Rules of the House and Senate and hereby reports the following to be adopted: The House concur on The Senate recede from The Senate concur on The House recede from OR X Cannot agree.
  • Senate Members House Members David P.
  • Givens Josh Bray Aaron Reed Adam Bowling Amanda Mays Bledsoe Steve Riley Gerald A.
  • Neal George Brown, Jr.
FREECONFERENCECOMMITTEEREPORT1

Free Conference Committee Report 1

Retain original provisions; amend KRS 164.321 to require at least 1, but no more than 3 appointed members of the KCTCS board of regents be from any 1 judicial district of the Kentucky Supreme Court; create requirements for the Kentucky Community and Technical College System (KCTCS) when approving the offering of a new program.

Plain English: 26 RS HB 619 Doc ID: XXXX Page 1 of 6 FREE CONFERENCE COMMITTEE REPORT 1 2 3 4 The Free Conference Committee on HB 619 has met as provided in the Rules of the House 5 and Senate and hereby reports the following to be adopted: 6 7 GA X SCS HCS 8 9 For the above-referenced bill, with these amendments (if applicable): 10 11 Committee (list by chamber and number): ; 12 13 Floor (list by chamber and number): ; and 14 15 The following Free Conference Committee action: 16 On page 8, delete lines 24 to 26 in their entirety and insert in lieu thereof the following: 17 "2.

  • 26 RS HB 619 Doc ID: XXXX Page 1 of 6 FREE CONFERENCE COMMITTEE REPORT 1 2 3 4 The Free Conference Committee on HB 619 has met as provided in the Rules of the House 5 and Senate and hereby reports the following to be adopted: 6 7 GA X SCS HCS 8 9 For the above-referenced bill, with these amendments (if applicable): 10 11 Committee (list by chamber and number): ; 12 13 Floor (list by chamber and number): ; and 14 15 The following Free Conference Committee action: 16 On page 8, delete lines 24 to 26 in their entirety and insert in lieu thereof the following: 17 "2.
  • At least one (1) but no more than three (3) appointed members of the board 18 shall reside in any one (1) judicial district of the Kentucky Supreme Court as 19 of the date of the appointment."; and 20 On page 14, line 1, delete " Notwithstanding the recommendation of the president of the 21 system, the" and replace with "The"; and 22 On page 19, line 22 to page 20, line 18, delete in their entirety and insert in lieu thereof the 23 following: 24 "Section 6.
  • KRS 164.583 is amended to read as follows: 25 (1) Each [community ]college in[of] the Kentucky Community and Technical College System 26 may offer, within the two (2) year academic curriculum of the college, any and all lower 27 division academic courses offered for undergraduate credit at any and all of the four (4) 28 year public colleges and universities.
  • 29 (2) All lower division academic courses offered by the KCTCS[community colleges] shall be 30 transferable for academic credit to any and all four (4) year public colleges and 31 universities, regardless of the number of academic credits earned by any student at one (1) 32 26 RS HB 619 Doc ID: XXXX Page 2 of 6 or more KCTCS colleges[community college].
HCS1

House Committee Substitute 1

Retain original provisions; amend KRS 164.321 to specify the membership, appointment or election, and terms of the Kentucky Community and Technical College System (KCTCS) board of regents effective October 1, 2026; specify that no citizen member shall have a conflict of interest or be a relative of an employee of KCTCS; create a new section of KRS Chapter 164 to require the president of KCTCS to name a workforce liaison; amend KRS 164.583 to establish criteria for the Council on Postsecondary Education to consider when reviewing a proposal for a new accredited or workforce initiative program submitted by the KCTCS that will require an addittional general fund appropriation; require that the KCTCS be responsible for any specialized resources necessary to evaluate a proposal; require the council to review the proposal and issue a recommendation to the General Assembly on the proposal; require that a new accredited or workforce initiative program would not require this process to be followed if the program would not require additional general fund appropriations; amend KRS 164.591 to specify the process KCTCS is to take if a reduction, expansion, or creation of any college or campus facilities is determined to be necessary.

Plain English: UNOFFICIAL COPY 26 RS HB 619/HCS 1 Page 1 of 35 HB061930.100 - 113 - XXXX 3/11/2026 2:51 PM House Committee Substitute AN ACT relating to public postsecondary education.

  • UNOFFICIAL COPY 26 RS HB 619/HCS 1 Page 1 of 35 HB061930.100 - 113 - XXXX 3/11/2026 2:51 PM House Committee Substitute AN ACT relating to public postsecondary education.
  • 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1.
  • KRS 164.321 is amended to read as follows: 3 (1) (a) Eastern Kent ucky University, Morehead State University, Murray State 4 University, Western Kentucky University, Kentucky State University, and 5 Northern Kentucky University[, and the Kentucky Community and Technical 6 College System] shall each be governed by a board of re gents appointed for a 7 term set by law pursuant to Section 23 of the Constitution of Kentucky.
  • 8 (b)[(a)] Each board of the comprehensive universities listed in subsection (1)(a) 9 of this section shall consist of eight (8) members appointed by the Governor, 10 one (1) member of the teaching faculty, one (1) member of the university 11 nonteaching personnel, and one (1) member of the student body of the 12 respective university [ or college] .
SCS1

Senate Committee Substitute 1

Retain original provisions; amend KRS 164.350 to require the KCTC board of regents to set the qualifications of the president of the system and the chancellors of the college in policy; remove requirements for the Kentucky Community and Technical College System (KCTCS) when offering new programs; remove reporting and approval requirements of the president of the KCTCS when the president determines that there is a necessity to reduce, expand, or create any college or campus facility; amend KRS 164.7011 to include a certified public postsecondary pilot school regulated by the Federal Aviation Administration in the definition of "aviation program".

Plain English: UNOFFICIAL COPY 26 RS HB 619/SCS 1 Page 1 of 33 HB061940.100 - 113 - XXXX 4/1/2026 9:43 PM Senate Committee Substitute AN ACT relating to public postsecondary education.

  • UNOFFICIAL COPY 26 RS HB 619/SCS 1 Page 1 of 33 HB061940.100 - 113 - XXXX 4/1/2026 9:43 PM Senate Committee Substitute AN ACT relating to public postsecondary education.
  • 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1.
  • KRS 164.321 is amended to read as follows: 3 (1) (a) Eastern Kent ucky University, Morehead State University, Murray State 4 University, Western Kentucky University, Kentucky State University, and 5 Northern Kentucky University[, and the Kentucky Community and Technical 6 College System] shall each be governed by a board of re gents appointed for a 7 term set by law pursuant to Section 23 of the Constitution of Kentucky.
  • 8 (b)[(a)] Each board of the comprehensive universities listed in subsection (1)(a) 9 of this section shall consist of eight (8) members appointed by the Governor, 10 one (1) member of the teaching faculty, one (1) member of the university 11 nonteaching personnel, and one (1) member of the student body of the 12 respective university [ or college] .
SFA1

Senate Floor Amendment 1 • D. Givens

Retain original provisions; require the University of Kentucky to establish an American civics program within the Martin School of Public Policy and Administration; set requirements for the program.

Plain English: SENATE KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM 2026 REGULAR SESSION Amend printed copy of HB 619/SCS 1 Amendment No.

  • SENATE KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM 2026 REGULAR SESSION Amend printed copy of HB 619/SCS 1 Amendment No.
  • SFA Rep.
  • Sen.
  • David P.

Bill History

  1. 2026-04-14 Kentucky Legislative Research Commission

    received in House to Rules (H) taken from Rules posted for consideration of Governor's veto veto overridden passed 80-15 received in Senate to Rules (S) posted for consideration of Governor's veto veto overridden passed 32-6 received in House enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Secretary of State (Acts Ch. 164)

  2. 2026-04-13 Kentucky Legislative Research Commission

    Vetoed

  3. 2026-04-01 Kentucky Legislative Research Commission

    3rd reading Floor Amendment (1) withdrawn passed 38-0 with Committee Substitute (1) received in House to Rules (H) posted for passage for concurrence in Senate Committee Substitute (1) House refused to concur in Senate Committee Substitute (1) received in Senate to Rules (S) taken from Rules posted for passage for receding from Senate Committee Substitute (1) Senate refused to recede from Committee Substitute (1) Conference Committee appointed in House and Senate Conference Committee report (1) filed in House and Senate Conference Committee report adopted in House and Senate Free Conference Committee appointed in House and Senate Free Conference Committee report filed in House and Senate posted for passage for consideration of Free Conference Committee Report Free Conference Committee report adopted in Senate passed 37-0 received in House to Rules (H) taken from Rules posted for passage for consideration of Free Conference Committee Report Free Conference Committee report adopted in House passed 83-0 enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor

  4. 2026-03-31 Kentucky Legislative Research Commission

    posted for passage in the Regular Orders of the Day for Tuesday, March 31 2026 passed over and retained in the Orders of the Day floor amendment (1) filed to Committee Substitute

  5. 2026-03-27 Kentucky Legislative Research Commission

    2nd reading, to Rules as a consent bill posted for passage in the Consent Orders of the Day for Tuesday, March 31 2026

  6. 2026-03-26 Kentucky Legislative Research Commission

    reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)

  7. 2026-03-24 Kentucky Legislative Research Commission

    to Education (S)

  8. 2026-03-12 Kentucky Legislative Research Commission

    received in Senate to Committee on Committees (S)

  9. 2026-03-11 Kentucky Legislative Research Commission

    3rd reading, passed 93-1 with Committee Substitute (1)

  10. 2026-03-10 Kentucky Legislative Research Commission

    reported favorably, to Rules with Committee Substitute (1) taken from Rules placed in the Orders of the Day

  11. 2026-03-02 Kentucky Legislative Research Commission

    taken from Appropriations & Revenue (H) 2nd reading returned to Appropriations & Revenue (H)

  12. 2026-02-27 Kentucky Legislative Research Commission

    taken from Appropriations & Revenue (H) 1st reading returned to Appropriations & Revenue (H)

  13. 2026-02-23 Kentucky Legislative Research Commission

    reassigned to Appropriations & Revenue (H)

  14. 2026-02-19 Kentucky Legislative Research Commission

    to Postsecondary Education (H)

  15. 2026-02-11 Kentucky Legislative Research Commission

    introduced in House to Committee on Committees (H)

Official Summary Text

AN ACT relating to public postsecondary education.

Current Bill Text

Read the full stored bill text
UNOFFICIAL COPY 26 RS HB 619/VO
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AN ACT relating to public postsecondary education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.321 is amended to read as follows: 3
(1) (a) Eastern Kentucky Uni versity, Morehead State University, Murray State 4
University, Western Kentucky University, Kentucky State University, and 5
Northern Kentucky University[, and the Kentucky Community and Technical 6
College System] shall each be governed by a board of regents ap pointed for a 7
term set by law pursuant to Section 23 of the Constitution of Kentucky. 8
(b)[(a)] Each board of the comprehensive universities listed in subsection (1)(a) 9
of this section shall consist of eight (8) members appointed by the Governor, 10
one (1) me mber of the teaching faculty, one (1) member of the university 11
nonteaching personnel, and one (1) member of the student body of the 12
respective university [ or college] . The members appointed by the Governor 13
shall be subject to confirmation by the Senate. The members of the board shall 14
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 member s of the board shall reside in any 21
one (1) judicial district of the Kentucky Supreme Court as of the date of the 22
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 se rve or eligibility for 25
reappointment, except an appointee who assumes residency outside the fifty 26
(50) United States shall become immediately ineligible to serve. The Council 27
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on Postsecondary Education shall notify the appointee of his or her 1
ineligibility to serve. 2
3. In making initial appointments, the Governor shall act so as to provide equal 3
representation of the two (2) sexes. In filling vacancies, the Governor shall act 4
so as to provide, inasmuch as possible, equal representation of the two (2) 5
sexes by appointing a member of the sex that is the lesser represented at the 6
time of the appointment. If the remaining membership already has an equal 7
number of males and females, the Governor may appoint a member of either 8
sex]. 9
(c)[(2)] 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 Communi ty 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
(d) New appointees of a board [ of regents] shall not serve for more than two (2) 21
consecutive terms. 22
(e) 1.[(3)] The gubernatorial appointm ents may include one (1) graduate of 23
the respective institution who resides outside the Commonwealth. 24
2. No[Not] more than two (2) appointed members of any board shall be 25
residents of one (1) county. 26
3. The appointments shall reflect the proportional representation of the two 27
UNOFFICIAL COPY 26 RS HB 619/VO
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(2) leading political parties of the Commonwealth based on the state's 1
voter registration and the political affiliation of each appointee as of 2
December 31 of the year preceding the date of his or her appointment. A 3
particular political affiliation shall not be a prerequisite to appointment 4
to any board generally; however, if any person is appointed to a board 5
that does not represent either of the two (2) leading political parties of 6
the Commonwealth, the proportional representation by political 7
affiliation requirement shall be determined and satisfied based on the 8
total number of members on the board less any members not affiliated 9
with either of the two (2) leading political parties [. Membership on the 10
board shall reflect no less than proportional representation of the 11
minority racial composition of the Commonwealth based on the total 12
minority racial population using the most recent census or estimate data 13
from the United States Census Bureau. If the determination of 14
proportional minority representation does not result in a whole number 15
of minority members, it shall be rounded up to the next whole number]. 16
4. Membership on the board shall not be incompatible with any state 17
office. 18
5. A change in residency after the date of appointment sh all not affect a 19
member's ability to serve nor shall it prevent a member's eligibility for 20
reappointment, except a member who assumes residency outside the 21
fifty (50) United States shall become immediately ineligible to serve. 22
6. The Council on Postseconda ry Education shall notify the appointee of 23
his or her ineligibility to serve. 24
(f)[(4)] Appointments to fill vacancies shall be made in the same manner and 25
within the same time after the occurrence of the vacancy as regular 26
appointments. The person appointe d shall hold the position for the unexpired 27
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term only. 1
(g)[(5)] Each member of the board shall serve for the term for which the 2
member is appointed and until a successor is appointed and qualified, unless a 3
member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 4
(h)[(6) (a)] The faculty member of a board[comprehensive university] shall be 5
a teaching or research member of the faculty of his or her respective 6
university of the rank of assistant professor or above. The faculty member 7
shall be elected by secret ballot by all faculty members of his or her university 8
of the rank of instructor, assistant professor, or above. The faculty member 9
shall serve for a term of three (3) years and until his successor is elected and 10
qualified. The faculty m ember shall be eligible for reelection, but he or she 11
shall not be eligible to continue to serve as a member of the board if he or she 12
ceases being a member of the teaching staff of the university. Elections to fill 13
vacancies shall be for the unexpired ter m in the same manner as provided for 14
the original election[. 15
(b) The faculty members of the Kentucky Community and Technical College 16
System shall be represented by one (1) faculty member elected from the 17
community colleges and one (1) faculty member electe d from the technical 18
institutions to serve three (3) year terms and until their successors are named. 19
The faculty representative of each branch shall be elected by means of a 20
process established by the board. The faculty members may be reelected but 21
shall not serve more than two (2) consecutive terms. A faculty member shall 22
be ineligible to continue to serve as a member of the board if he or she ceases 23
to be a member of the faculty at one (1) of the institutions within the system. 24
Elections to fill vacancie s shall be for the unexpired term in the same manner 25
as provided for the original election. These two (2) members shall collectively 26
have one (1) vote which may be cast one-half (1/2) vote by each member]. 27
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(i)[(7) (a)] The nonteaching personnel member of a board[ in a comprehensive 1
university] shall be any full -time staff member , excluding the president, vice 2
presidents, academic deans, and academic department chairpersons. He or she shall 3
represent all nonteaching university employees including [,] but not limited to [,] 4
building facilities and clerical personnel. The member shall be elected by secret 5
ballot by the nonteaching employees. The nonteaching personnel member shall serve 6
a term of three (3) years and until a successor is elected and qualified. The 7
nonteaching personnel member shall be eligible for reelection, but he or she shall not 8
be eligible to continue to serve as a member of the board if he or she ceases being an 9
employee of the university. Elections to fill vacancies shall be for the unexpired 10
term in the same manner as provided for the original election[. 11
(b) The nonteaching personnel members in the Kentucky Community and 12
Technical College System shall be any full -time staff member excluding a 13
president, chancellor, vice president, academic dean, academic department 14
chair, or other administrator. They shall represent all nonteaching employees 15
in their respective branch instituti ons including, but not limited to, support 16
and clerical personnel. One (1) member shall be a representative from the 17
community colleges and one (1) member shall be a representative from the 18
technical institutions. They shall serve three (3) year terms and until their 19
successors are named. These two (2) members shall collectively have one (1) 20
vote which may be cast one-half (1/2) vote by each member. The nonteaching 21
personnel members of each branch shall be elected by means of a process 22
established by the bo ard. A nonteaching personnel member may be reelected 23
but shall not serve more than two (2) consecutive terms. A nonteaching 24
employee shall be ineligible to continue to serve as a member of the board if 25
that employee ceases to be a nonteaching employee at o ne (1) of the 26
institutions within the system. Elections to fill vacancies shall be for the 27
UNOFFICIAL COPY 26 RS HB 619/VO
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unexpired term in the same manner as provided for the original election]. 1
(j)[(8) (a)] The student body member of a [ on a comprehensive university] 2
board shall serve a one (1) year term beginning on July 1 after being elected and 3
sworn in as student body president and ending on the following June 30. If the 4
student member does not maintain the position as student body president or the status 5
as a full -time student at any time during that academic year, a special election shall 6
be held to select a full -time student member. The elected student member shall serve 7
for the remainder of the unexpired term[. 8
(b) Two (2) full-time student members shall be elected to the board of regents for 9
the Kentucky Community and Technical College System. One (1) shall 10
represent students of the community colleges and one (1) shall represent the 11
technical institutions. The student members shall be elected by means of a 12
process established by the board. The student members shall serve one (1) 13
year terms beginning on July 1 after being elected and sworn in as a student 14
member of the board and ending on the following June 30. If the student 15
member does not maintain the status as a full -time student, a special election 16
shall be held to fill the vacancy for the remainder of the unexpired term. The 17
two (2) members shall collectively have one (1) vote which may be cast one -18
half (1/2) vote by each member]. 19
(k)[(9)] All appointed and elected persons sh all be required to attend and 20
complete an orientation and education program prescribed by the council 21
under KRS 164.020(24) [,] as a condition of their service and eligibility for 22
appointment or election to a second term. 23
(l)[(10)] Board members may be remo ved by the Governor under the following 24
circumstances: 25
1.[(a)] For cause, pursuant to KRS 63.080(2); or 26
2.[(b)] Pursuant to KRS 63.080(3) or (4). 27
UNOFFICIAL COPY 26 RS HB 619/VO
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(m)[(11)] The inability of a[the] board[ or boards of the comprehensive 1
universities or Kentucky Community and Technical College System] to hold 2
quarterly meetings, to elect a chairperson annually, to establish a quorum, to 3
adopt an annual budget, to set tuition rates, to conduct an annual eval uation of 4
the president of the university[ or system], to carry out its primary function to 5
periodically evaluate the university's [ or system's] progress in implementing 6
its mission, goals, and objectives to conform to the strategic agenda, or to 7
otherwise perform its duties under KRS 164.350 shall be cause for the 8
Governor to remove all appointed members of the board [ or boards] and 9
replace the entire appointed membership pursuant to KRS 63.080(4). 10
(2) (a) The Kentucky Community and Technical College Syste m shall be governed 11
by a board of regents appointed for a term set by law pursuant to Section 93 12
of the Constitution of Kentucky. 13
(b) 1. Beginning on October 1, 2026, the board of the Kentucky Community 14
and Technical College System shall consist of the fol lowing seventeen 15
(17) members: 16
a. Fourteen (14) members appointed by the Governor, as follows: 17
i. One (1) member selected from a list of three (3) names 18
submitted by the Kentucky Association of School 19
Administrators; 20
ii. One (1) member selected from a list of three (3) names 21
submitted by the Kentucky Association of Manufacturers; 22
iii. One (1) member selected from a list of three (3) names 23
submitted by the Associated General Contractors of 24
Kentucky; 25
iv. One (1) member selected from a list of three (3) names 26
submitted by the Kentucky Hospital Association; 27
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v. One (1) member selected from a list of three (3) names 1
submitted by the Kentucky Association for Economic 2
Development; 3
vi. One (1) member selected from a list of three (3) names 4
submitted by the Energy Pla nning and Inventory 5
Commission established in KRS 164.2807; and 6
vii. Eight (8) members appointed from the state at large; and 7
b. Three (3) members elected in accordance with subsection (2)(h) 8
of this section, as follows: 9
i. One (1) member of the KCTCS teaching faculty; 10
ii. One (1) member of the KCTCS nonteaching personnel; 11
and 12
iii. One (1) member of the KCTCS student body. 13
2. The members appointed by the Governor shall be subject to 14
confirmation by the Senate. 15
3. The members of the board shall select a chairperson annually. 16
(c) The terms of appointed board members shall be for four (4) years and until 17
their successors are appointed and qualified, unless a member is removed 18
by the Governor pursuant to KRS 63.080(2), (3), or (4). 19
(d) New appointees of the boa rd shall not serve for more than two (2) 20
consecutive terms. 21
(e) 1. No more than one (1) appointed member of the board shall be a 22
resident of one (1) county. 23
2. At least one (1) but no more than three (3) appointed members of the 24
board shall reside in any one (1) judicial district of the Kentucky 25
Supreme Court as of the date of the appointment. 26
3. The appointments to the board shall reflect the proportional 27
UNOFFICIAL COPY 26 RS HB 619/VO
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representation of the two (2) leading political parties of the 1
Commonwealth based on the state's voter registration and the political 2
affiliation of each appointee as of December 31 of the year preceding 3
the date of his or her appointment. A particular political affiliation 4
shall not be a prerequisite to appointment to the board generally; 5
however, if any person is appointed to the board that does not 6
represent either of the two (2) leading political parties of the 7
Commonwealth, the proportional representation by political affiliation 8
requirement shall be determined and satisfied based on the total 9
number of members on the board less any members not affiliated with 10
either of the two (2) leading political parties. 11
4. Membership on the board shall not be incompatible with any state 12
office. 13
5. a. A change in residency after the date of appointment shall not 14
affect a member's ability to serve, except that a member who 15
assumes residency: 16
i. Outside the fifty (50) United States shall become 17
immediately ineligible to serve; and 18
ii. That places the boar d in violation of the requirements of 19
subparagraphs 1. and 2. of this paragraph shall become 20
immediately ineligible to serve. 21
b. The Council on Postsecondary Education shall notify the 22
appointee of his or her ineligibility to serve. 23
6. No appointed member of the board shall have a conflict of interest in 24
accordance with KRS 45A.340 or be a relative of any employee of the 25
system. 26
(f) Appointments to fill vacancies shall be made in the same manner and 27
UNOFFICIAL COPY 26 RS HB 619/VO
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within the same time after the occurrence of the vacancy a s regular 1
appointments. The person appointed shall hold the position for the 2
unexpired term only. 3
(g) Each member of the board shall serve for the term for which the member is 4
appointed and until a successor is appointed and qualified, unless a member 5
is removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 6
(h) Members elected to the board shall be as follows: 7
1. The teaching faculty member of the board shall be a teaching member 8
of the faculty of the KCTCS. The faculty member shall be elected by 9
secret ballot by all regular full -time faculty members of the KCTCS. 10
The faculty member shall serve for a term of three (3) years and until 11
a successor is elected and qualified. The faculty member shall be 12
eligible for reelection, but he or she shall not b e eligible to continue to 13
serve as a member of the board if he or she ceases being a member of 14
the teaching faculty of the KCTCS. Elections to fill vacancies shall be 15
for the unexpired term in the same manner as provided for the 16
original election; 17
2. The n onteaching personnel member of the board shall be any full -18
time staff member, excluding the president, chancellor, provost, vice 19
presidents, academic deans, academic department chairpersons, and 20
any other administrator who supervises two (2) or more employees and 21
reports directly to the president or chancellor. He or she shall 22
represent all nonteaching employees of the KCTCS, including but not 23
limited to building facilities and clerical personnel. The member shall 24
be elected by secret ballot by the nonteach ing employees. The 25
nonteaching personnel member shall serve a term of three (3) years 26
and until a successor is elected and qualified. The nonteaching 27
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personnel member shall be eligible for reelection, but he or she shall 1
not be eligible to continue to serv e as a member of the board if he or 2
she ceases being an employee of the KCTCS. Elections to fill 3
vacancies shall be for the unexpired term in the same manner as 4
provided for the original election; and 5
3. The student body member of the board shall be electe d by means of a 6
process established by the board. The student member shall serve a 7
one (1) year term beginning on July 1 after being elected and sworn in 8
as the student body member of the board and ending on the following 9
June 30. If the student member doe s not maintain status as a full -time 10
student, a special election shall be held to fill the vacancy for the 11
remainder of the unexpired term. 12
(i) All appointed and elected board members shall be required to attend and 13
complete an orientation and education pr ogram prescribed by the council 14
under KRS 164.020(24) as a condition of their service and eligibility for 15
appointment or election to a second term. 16
(j) Board members may be removed by the Governor under the following 17
circumstances: 18
1. For cause, pursuant to KRS 63.080(2); 19
2. Pursuant to KRS 63.080(3) or (4); or 20
3. Upon the request of the president or chairman of the board after the 21
member has failed to attend three (3) consecutive regularly scheduled 22
meetings, which shall be considered gross neglect of duty pursuant to 23
KRS 63.080(2)(d). 24
(k) The inability of the board to hold quarterly meetings, to elect a chairperson 25
annually, to establish a quorum, to adopt an annual budget, to set tuition 26
rates, to conduct an annual evaluation of the president of the syste m, to 27
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carry out its primary function, to periodically evaluate the system's progress 1
in implementing its mission, goals, and objectives to conform to the strategic 2
agenda, or to otherwise perform its duties under Section 2 of this Act shall 3
be cause for th e Governor to remove all appointed members of the board 4
and replace the entire appointed membership pursuant to KRS 63.080(4). 5
Section 2. KRS 164.350 is amended to read as follows: 6
(1) The government of each of the state universities and the Kentucky Community and 7
Technical College System is vested in its respective board of regents. Each board [ 8
of regents], when its members have been ap pointed and qualified, shall constitute a 9
body corporate, with the usual corporate powers, and with all immunities, rights, 10
privileges, and franchises usually attaching to the governing bodies of educational 11
institutions. Each board may: 12
(a) Receive grants of money and expend the same for the use and benefit of the 13
university or college; 14
(b) Require such reports from the president, officers, faculty, and employees as it 15
deems necessary and proper from time to time; 16
(c) Determine the number of divisions, dep artments, bureaus, offices, and 17
agencies needed for the successful conduct of the affairs of the university or 18
college; and 19
(d) Grant diplomas and confer degrees upon the recommendation of the president 20
and faculty. 21
(2) Each board shall adopt bylaws, rules, and regulations for the governance of its 22
members, officers, agents, and employees, which shall reference the member 23
removal and replacement provisions of KRS 63.080, and the board shall enforce 24
obedience to such bylaws, rules, and regulations. 25
(3) Each board [ of regents] shall periodically evaluate the institution's progress in 26
implementing its missions, goals, and objectives to conform to the adopted strategic 27
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agenda. Officers and officials shall be held accountable f or the status of the 1
institution's progress. 2
(4) (a) In addition to the duties required in subsections (1), (2), and (3) of this 3
section, the board [ of regents] for the Kentucky Community and Technical 4
College System, upon recommendation of the president of the system, shall: 5
1. [(a) Develop and implement guidelines for the preparation of biennial 6
budget requests by the administrators of the colleges within the system. 7
The guidelines shall define the processes for review and approval by the 8
boards of directors for the colleges; 9
(b) Adopt a] Review the president's biennial budget request for the 10
Kentucky Community and Technical College System [ upon the 11
recommendation of the president of the system; 12
(c) Adopt an allocation process for distributing funds to the colleges within 13
the system; 14
(d) Consider recommendations from the boards of directors of the colleges 15
to improve the overall budget planning and allocation processes]; 16
2.[(e)] Designate each college with a name; 17
3.[(f)] Encourage and accept donations of la nd and funds to be used in 18
the acquisition, construction, or operations of colleges in the system. 19
The board may commemorate donations from private persons or 20
corporations with suitable memorials;[ and] 21
4.[(g)] Accept federal grants when deemed appropriate to be used in the 22
acquisition, construction, or operations of colleges in the system;[.] 23
5. Review[The board of regents shall ensure that] the budget planning and 24
implementation processes to ensure consistency[are consistent] with the 25
adopted strategic ag enda and biennial budget and with the missions of 26
the colleges[institutions] within the system; and 27
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(b) The board of regents shall adopt policy specifying the minimum 1
qualifications of the president of the system and the chancellors of the 2
colleges, which shall be the same. 3
Section 3. KRS 164.365 is amended to read as follows: 4
[(1) ]Anything in any statute of the Commonwealth to the contrary notwithstanding, the 5
power over and control of appointments, qualifications, sala ries, and compensation 6
payable out of the State Treasury or otherwise, promotions, and official relations of all 7
employees of Eastern Kentucky University, Western Kentucky University, Murray State 8
University, Northern Kentucky University, and Morehead Stat e University, as provided 9
in KRS 164.350 and 164.360, and of Kentucky State University and the Kentucky 10
Community and Technical College System, shall be under the exclusive jurisdiction of 11
the respective governing boards of each of the institutions named[. 12
(2) The board of regents for the Kentucky Community and Technical College System 13
shall develop personnel rules for the governing of its members, officers, agents, and 14
employees by June 30, 1998. The board shall adopt interim policies to govern 15
employees hired from July 1, 1997, until the permanent rules are adopted. 16
(3) Upon receipt of a written authorization from an employee of the Kentucky 17
Community and Technical College System, the board shall deduct dues from the 18
employee's paycheck for employee member ship organizations, except that no 19
deduction shall be made for labor organization membership dues, fees, assessments, 20
or contributions for political activities. Dues shall be deducted at a rate established 21
by the organization, and shall be discontinued upo n written notification by an 22
employee to both the system and the employee organization. On a quarterly basis, 23
the Kentucky Community and Technical College System shall provide to each 24
employee membership organization an updated list that includes the names and 25
home addresses of the employees who are having dues deducted from their 26
paychecks for the purpose of maintaining membership in that organization]. 27
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Section 4. KRS 164.580 is amended to read as follows: 1
(1) The Kentucky Community and Technical College System is established and[. The 2
Kentucky Community and Technical College System] shall provide: 3
(a) A general two (2) year academic curriculum with credits transferable to two 4
(2) year and four (4) year colleges and universities; 5
(b) Technical and semiprofessional programs of two (2) years or less; 6
(c) Within a two (2) year college curriculum, courses in general education, 7
including adult education, not necessarily intended for transfer nor technically 8
oriented; and 9
(d) Services to Kentucky's employers and the general public to provide 10
continuing education and customized training for purposes of improving the 11
knowledge and skills of Kentucky workers and citizens in all regions of the 12
state. 13
(2) The KCTCS[Kentucky Community and Technical College System] shall be 14
responsive to the needs of students and employers in all regions of the 15
Commonwealth with access ible education and training to support the lifelong 16
learning needs of Kentucky citizens in order to: 17
(a) Increase the basic academic and literacy skills of adults through adult basic 18
education and remedial education services; 19
(b) Increase the technical ski lls and professional expertise of Kentucky workers 20
through associate and technical degrees, diploma, and certificate programs; 21
(c) Increase the access for students to complete [the ]prebaccalaureate associate 22
degrees[degree in arts or associate degree in science for ease of transfer to 23
four (4) year institutions]; 24
(d) Enhance the relationship of credentials between secondary and postsecondary 25
programs which permit secondary students to enter programs through early 26
admission, advanced placement, or dual enrollment; 27
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(e) Facilitate transfers of credit between certificate, diploma, technical, and 1
associate degree programs; 2
(f) Develop a pool of educated citizens to support the expansion of existing 3
business and industry and the recruitment of new business and industry; 4
(g) Enhance the flexibility and adaptability of Kentucky workers in an ever - 5
changing and global economy through continuing education and customized 6
training for business and industry; 7
(h) Promote the cultural and economic well-being of the communities throughout 8
Kentucky; and 9
(i) Improve the quality of life for Kentucky's citizens. 10
(3) Students attending a college under the administration of the board of regents for the 11
KCTCS[Kentucky Community and Technical College System] may pursue a[three 12
(3) kinds of] degree, certificate, or diploma through the following programs: 13
(a) [Associate degree programs approved by the board of trustees as of the 14
effective date of the transfer of the management responsibilities of the 15
University of Kentucky Community College System to the Kentucky 16
Community and Technical College System; 17
(b) ]Associate degree programs developed by the KCTCS[Kentucky Community 18
and Technical College System] , approved by the board of regents and the 19
Council on Postsecondary Education. The board of regents shall confer 20
degrees and award diplomas for the approved programs;[ and] 21
(b)[(c)] Joint degree programs developed between the KCTCS[Kentucky 22
Community and Technical College System] and other institutions; and 23
(c) Certificate and diploma programs developed by the KCTCS and reviewed by 24
the board of regents that do not lead to an associate degree. 25
(4) [University of Kentucky Community College System students who were officially 26
enrolled on or before June 3 0, 1999, in associate degree programs approved by the 27
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board of trustees of the University of Kentucky and who complete the associate 1
degree programs on or before June 30, 2004, shall have their degrees conferred by 2
the University of Kentucky board of trust ees. The degrees for all other students 3
enrolled shall be awarded by the board of regents for the Kentucky Community and 4
Technical College System. 5
(5) ]The board of regents for the KCTCS[ Kentucky Community and Technical College 6
System] shall expedite, whenever possible, action on requests for any new technical 7
or associate degree program of a vocational-technical or occupational nature. 8
(5)[(6)] The president of the KCTCS shall be responsible for oversight and 9
management of the system, including but not limited to: 10
(a) The supervision of all administrative and managerial aspects of the 11
KCTCS's operations, including personnel matters and fiscal management; 12
(b) Oversight of the operational and facilities plans of the KCTCS; 13
(c) Establishment of partnerships w ith community members, local 14
governments, and other entities to enhance the mission of the KCTCS; and 15
(d) Approval, modification, and discontinuance of academic and workforce 16
programs after input and recommendations from college faculty relating to 17
curriculum and consultation with the board of regents [Kentucky 18
Community and Technical College System college faculty senates shall have 19
the primary responsibility for determining academic policy and curricula 20
development that shall be recommended to the presiden t of the Kentucky 21
Community and Technical College System. 22
(7) Technical colleges, through their faculty and accrediting procedures, may develop 23
degree programs that shall be considered for approval by the board of regents and 24
the Council on Postsecondary E ducation. A graduate of a program within three (3) 25
years of the program becoming an accredited degree program shall receive all or 26
partial credit toward the degree, based on criteria established by the institution and 27
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approved by the board of regents. The board of regents shall confer degrees and 1
award diplomas for these programs]. 2
SECTION 5. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) By August 1, 2026, the president of the Kentucky Community and Technical 5
College System shall employ a chief financial officer who shall be responsible for 6
the development, administration, and oversight of the systemwide operating and 7
capital budgets in accordance with the following: 8
(a) The chief financial officer sh all provide the president with timely, accurate, 9
and comprehensive financial information, including but not limited to 10
systemwide and college-level: 11
1. Budget summaries; 12
2. Revenue and expenditure reports; 13
3. Fund balances and reserves; 14
4. Cash flow projections; 15
5. Financial risks, variances, and material changes; 16
6 Any other financial information necessary for informed executive 17
decision-making or requested by the president; and 18
7. Any other information requested by the president; 19
(b) The chief financial officer shall provide financial information to the board 20
of regents: 21
1. Quarterly or more often at the request of the president or the board of 22
regents; 23
2. In a standardized format that allows comparison across colleges and 24
over time; and 25
3. In writing and in person at a regularly scheduled meeting; 26
(c) The chief financial officer shall certify the accuracy of financial reports 27
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provided to the president or the board of regents; 1
(d) The chief financial officer shall immediately disclose any ma terial 2
misstatements, omissions, or financial concerns upon discovery to the 3
president and the board of regents; and 4
(e) The chief financial officer shall oversee and ensure cooperation with all 5
required audits and financial reviews of the KCTCS. 6
(2) By August 1, 2026, the president of the KCTCS shall name a workforce liaison 7
who shall provide guidance to the president regarding ways the system shall 8
remain responsive to local labor market demands, foster strong employer 9
relationships, and support the success of students and graduates in the workforce. 10
The workforce liaison shall: 11
(a) Work closely with the Cabinet for Economic Development and the 12
Education and Labor Cabinet to ensure the KCTCS is available and ready 13
to provide workforce training in necessary areas based on economic 14
development needs; 15
(b) Facilitate employer engagement; 16
(c) Support recruitment and placement of students and graduates; and 17
(d) Represent the system in discussions and planning relating to policy 18
discussions with the Cabinet for Ec onomic Development and the Education 19
and Labor Cabinet, community members, college staff, and students. 20
Section 6. KRS 164.583 is amended to read as follows: 21
(1) Each [community ]college in[of] the Kentucky Community and Technical College 22
System may offer, within the two (2) year academic curriculum of the college, any 23
and all lower division academic courses offered for undergraduate credit at any and 24
all of the four (4) year public colleges and universities. 25
(2) All lower division academic courses offered by the KCTCS[community colleges] 26
shall be transferable for academic credit to any and all four (4) year public colleges 27
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and universities, regardless of the number of academic credits earned by any 1
student at one (1) or more KCTCS colleges[community college]. 2
(3) [Nothing in ]This section shall not be construed or interpreted to change, reduce, or 3
otherwise affect the required distribution between lower division and upper division 4
courses now req uired for matriculation in an undergraduate program at any 5
institution of higher education. 6
(4) (a) If the KCTCS seeks to offer a new accredited program which will require 7
dedicated general fund appropriations for capital or operating expenses 8
beyond the s ystem's regular appropriations, the president shall submit a 9
proposal to the board of regents of KCTCS for review and approval. The 10
board's review shall include but not be limited to: 11
1. The proposed program's alignment with the mission and goals of the 12
system; 13
2. The statewide or regional need the proposed program seeks to fill and 14
how the system, through the offering of this program, would meet this 15
need; 16
3. Student demand for the proposed program; 17
4. Employer demand for the proposed program, including an y potential 18
industry partners; 19
5. Utilization of existing institutional resources to deliver the proposed 20
program and how the program would complement existing program 21
offerings and not shift resources away from those existing programs; 22
6. A five (5) year budgetary analysis of the proposed program, including 23
program costs, funding sources projected to support the program, and 24
the amount of general fund appropriations needed for capital or 25
operating expenses; 26
7. The proposed program curriculum; 27
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8. Any specialized accreditation or licensure requirements for the 1
proposed program and analysis of how those requirements would be 2
met; 3
9. Admission and graduation requirements for the proposed program; 4
and 5
10. Administrative oversight to ensure the quality of the proposed 6
program. 7
(b) A proposal approved by the KCTCS board shall be submitted to the council 8
for consideration in the system's budget request for the next biennial budget 9
in accordance with KRS 164.020(10) and 164.7915. 10
(5) The Council on Postsecondary Education shall review each proposal submitted in 11
accordance with subsection (4)(a) of this section and shall determine if the 12
proposal should be included in the biennial budget request pursuant to KRS 13
164.7915. 14
(6) If the new accredited program will not require dedicated general fund 15
appropriations for capital or operating expenses beyond the system's regular 16
appropriations, the KCTCS may proceed with the new program in accordance 17
with KRS 164.020(15). 18
Section 7. KRS 164.591 is amended to read as follows: 19
(1) If the president of the KCTCS determines that there is a necessity to create or 20
expand any college or campus requiring an appropriation by the General 21
Assembly due to a new accredited program or workforce initiative program 22
proposed in accordance with subsection (4)(a) of Section 6 of this Act, the 23
president shall: 24
(a) Include a plan for review and approval by the KCTCS board of regents for 25
inclusion in the biennial budget request pursuant to KRS 164.7915; and 26
(b) The president shall not be authorized t o move forward to create or expand 27
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any college or campus under this subsection unless the General Assembly 1
appropriates funds and the council approves the proposal in accordance 2
with subsection (5) of Section 6 of this Act. 3
(2) No later than thirty (30) da ys after approval of the proposed plan by the council, 4
the KCTCS shall submit the proposed plan in its entirety and a report on the 5
proposed plan to the Legislative Research Commission for referral to the Interim 6
Joint Committees on Education and Appropria tions and Revenue or, when the 7
General Assembly is in session, to the Senate Standing Committees on Education 8
and Appropriations and Revenue and the House Standing Committees on 9
Postsecondary Education and Appropriations and Revenue, which includes the 10
following as it relates to the proposed plan: 11
(a) An accounting of all necessary expenditures by fund source; 12
(b) A detailed accounting of all administrative expenses; 13
(c) A detailed accounting of all expenses not otherwise classified; 14
(d) Identification of any reduction in expenditures; 15
(e) An explanation of any new expenses or cost savings expected to be realized 16
based on the plan; and 17
(f) An explanation of how the plan aligns with the operational plan of the 18
KCTCS and the strategic plan of the council. 19
(3) The KCTCS shall submit documentation of capital and operating expenses 20
associated with and specific to the plan with the next biennial budget request. 21
(4) Final approval of the proposed plan shall require the president of the KCTCS to 22
obtain approval by th e General Assembly by means of an act or joint resolution 23
explicitly identifying and authorizing implementation of the plan. 24
(5) By October 1, 2026, and annually thereafter, the KCTCS shall submit a report to 25
the Legislative Research Commission for referral to the Interim Joint Committees 26
on Education and Appropriations and Revenue providing the location, size of 27
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property, square footage of buildings, whether owned, leased, or rented, and the 1
use of each property or building utilized by each college within the system, 2
including all main campuses and satellite facilities, buildings, and properties as 3
of January 1 of the year of submission [A community college or extension of a 4
community college shall be maintained in each of the following locations: Ashland, 5
Carrollton, Cumberland, Elizabethtown, Glasgow, Henderson, Hopkinsville, 6
Fayette County, Madisonville, Owensboro, Paducah, Prestonsburg, Somerset, 7
Blackey-Hazard, Jefferson County and Mason County. The headquarters of the 8
administration of the Kentucky Comm unity and Technical College System shall be 9
maintained in Woodford County. Western Kentucky University may continue to 10
operate a community college in Bowling Green. Additional extension centers may 11
be established by the board of regents for the Kentucky Co mmunity and Technical 12
College System with approval of the Council on Postsecondary Education. New 13
community colleges shall require approval of the General Assembly]. 14
Section 8. KRS 164.600 is amended to read as follows: 15
(1) As used in this section and Sections 1 and 7 of this Act , unless the context requires 16
otherwise: 17
(a) "Campus" means a location of a college of the system that is not located 18
contiguous to the main college location ["Chief executive officer" means a 19
president or the head administrator of a college within the Kentucky 20
Community and Technical College System]; 21
(b) "Chancellor" means the chief officer of a college or colleges within the 22
system; 23
(c) "College" means a community college, a technical college, or a community 24
and technical college within the system; 25
(d)[(c)] "KCTCS president" means the president[chief executive officer] of the 26
system; 27
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(e)[(d)] "Relative" means father, mother, brother, brother-in-law, sister, sister-1
in-law, husband, wife, son, daughter, aunt, uncle, first cousin, son-in-law, and 2
daughter-in-law; and 3
(f)[(e)] "System" or "KCTCS" means the Kentucky Community and Technical 4
College System. 5
(2) There shall be a chancellor named for each[board of directors for each community 6
college or community and technical] college under the Kentucky Community and 7
Technical College system .[, except as provided i n KRS 165.160. The board of 8
regents may designate that a local board of directors serve more than one college. 9
Each board of directors shall] 10
(3) Each chancellor shall be responsible for creating an annual budget request for 11
his or her college and submitting it to the KCTCS president for consideration in 12
the creation of the systemwide budget request to be submitted to the General 13
Assembly. 14
(4) Each chancellor shall create and implement an operations plan for his or her 15
college that is developed in coordination with local employers, civic leaders, 16
campus constituents, and other postsecondary institutions in the region and 17
consistent with the strategic agenda of the Council on Postsecondary Education. 18
The KCTCS president shall review and approve each operations plan prior to 19
implementation by the chancellor of each college[: 20
(a) Recommend one (1) candidate for college chief executive officer from three 21
(3) candidates provided by the president. The president shall have the 22
authority to make the final appointment and shall not be bound by the 23
recommendation from the board of directors; 24
(b) Evaluate the college chief executive officer and advise the preside nt of his or 25
her performance. The president has final authority for the appointment and 26
termination of the college chief executive officer; 27
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(c) Approve budget requests for recommendation to the Kentucky Community 1
and Technical College System; 2
(d) Adopt and amend an annual operating budget and submit it to the board of 3
regents for approval as to the compliance with its guidelines; 4
(e) Approve a strategic plan that is developed in coordination with local 5
employers, civic leaders, campus constituents, and othe r postsecondary 6
institutions in the region and that is consistent with the strategic agenda of the 7
General Assembly]. 8
(5)[(3)] Each chancellor[The chief executive officer of each college] shall implement 9
his or her college's [have full authority and discret ion regarding the use and 10
management of the] budget within the system budget as approved by the KCTCS 11
board of regents [ for the Kentucky Community and Technical College System] 12
under KRS 164.350. 13
(6) Each chancellor shall be responsible for the day -to-day operations of his or her 14
college[ 15
(4) Each board of directors shall consist of ten (10) members, seven (7) of whom 16
shall be appointed by the Governor from nominees of the respective college nominating 17
commission established under KRS 164.602 for a term set by law pursuant to Section 23 18
of the Constitution of Kentucky. The other three (3) board members shall be one (1) 19
member of the teaching faculty, one (1) member of the staff, and one (1) member of the 20
student body. An appointed member's term shall be six (6) years. 21
(5) The faculty member shall be on the teaching or research faculty of the college. 22
The faculty member shall be elected by secret ballot of all full -time faculty members of 23
the college. Faculty members shall serve for terms of three (3) years an d until their 24
successors are elected and qualified. Faculty members shall be eligible for reelection, but 25
they shall be ineligible to continue to serve as members of the boards if they cease to be 26
members of the teaching staff of the college. Elections to fill vacancies shall be for the 27
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unexpired term in the same manner as provided for original election. 1
(6) The staff member shall be a classified or midmanagement employee who does 2
not hold faculty rank and who does not hold an upper administrative position. The staff 3
member shall be elected by secret ballot of all full -time staff members of the college. 4
Staff members shall serve for terms of three (3) years and until their successors are 5
elected and qualified. Staff members shall be eligible for reelection, but shall be 6
ineligible to continue to serve as members of the boards if they cease to be members of 7
the staff of the college. An election to fill a vacancy for an unexpired term shall be held 8
in the same manner as an election to an original full term. 9
(7) The student member shall be elected by secret ballot from the student body of 10
the college to serve a term of one (1) year. The student member shall be a full -time 11
student who maintains permanent residency in the Commonwealth of Kentucky. 12
(8) If a board of directors is designated by the board of regents to serve more than 13
one college as permitted under subsection (2) of this section, the board of regents shall 14
define procedures for the selection of the faculty, staff, and student representatives to the 15
board of directors to ensure that there is opportunity for all colleges to be represented. 16
(9) The members of the board of directors shall receive no compensation for their 17
services but shall be paid for their actual and necessary expenses. 18
(10) No citizen member of the board of directors shall have a conflict of interest in 19
accordance with KRS 45A.340 or be a relative of any employee of the college under its 20
jurisdiction. A person who is a member of the board on July 15, 1998, who is a relative of 21
an employee of the college may finish out the appointed term of office but the member 22
may not be reappointed]. 23
Section 9. KRS 164.011 is amended to read as follows: 24
(1) There is hereby created and established a Council on Postsecond ary Education in 25
Kentucky as an agency, instrumentality, and political subdivision of the 26
Commonwealth and a public body corporate and politic having all powers, duties, 27
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and responsibilities as are provided to it by law, appointed for a term set by law 1
pursuant to Section 93[23] of the Constitution of Kentucky. The council shall be 2
composed of the commissioner of education, a faculty member, a student member, 3
and thirteen (13) citizen members appointed by the Governor. The citizen members 4
shall be confirmed by the Senate under KRS 11.160, and the commissioner of 5
education shall serve as a nonvoting ex officio member. Citizen council members 6
shall be selected from a list of nominees provided to the Governor under the 7
nominating process set forth in KRS 164.00 5. If the General Assembly is not in 8
session at the time of the appointment, persons appointed shall serve prior to 9
confirmation, but the Governor shall seek the consent of the Senate at the next 10
regular session or at an intervening extraordinary session if the matter is included in 11
the call of the General Assembly. 12
(2) [By no later than thirty (30) days after May 30, 1997, ] The Governor's 13
Postsecondary Education Nominating Committee shall submit nominations to the 14
Governor as set forth in KRS 164.005. On m aking appointments to the council, the 15
Governor shall ensure broad geographical and political representation and[; ensure 16
equal representation of the two (2) sexes, inasmuch as possible;] ensure no less than 17
proportional representation of the two (2) leadi ng political parties of the 18
Commonwealth based on the state's voter registration and the political affiliation of 19
each appointee as of December 31 of the year preceding the date of his or her 20
appointment[; and ensure that appointments reflect the minority racial composition 21
of the Commonwealth based on the total minority racial population using the most 22
recent census or estimate data from the United States Census Bureau. If the 23
determination of proportional minority representation does not result in a whole 24
number of minority members, it shall be rounded up to the next whole number] . A 25
particular political affiliation shall not be a prerequisite to appointment to the 26
council generally; however, if any person is appointed to the council that does not 27
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represent either of the two (2) leading political parties of the Commonwealth, the 1
proportional representation by political affiliation requirement shall be determined 2
and satisfied based on the total number of members on the council less any 3
members not affiliated with either of the two (2) leading political parties. [ In filling 4
vacancies to the council, the Governor shall act so as to provide, inasmuch as 5
possible, equal representation of the two (2) sexes by appointing a member of the 6
sex that is the lesser repr esented at the time of the appointment. If the remaining 7
membership already has an equal number of males and females, the Governor may 8
appoint a member of either sex.] No more than two (2) members of the council shall 9
hold an undergraduate degree from any one (1) Kentucky university, and no more 10
than three (3) voting members of the council shall reside in any one (1) judicial 11
district of the Kentucky Supreme Court as of the date of the appointment. However, 12
change in residency after the date of appointment shall not affect the ability to 13
serve. 14
(3) One (1) member shall be a full -time faculty member employed at a state institution 15
of postsecondary education. The faculty member shall be appointed to a four (4) 16
year term by the Governor from a list of three (3) nominees selected and submitted 17
by majority vote of the ten (10) faculty members who serve as faculty 18
representatives of the boards of trustees and boards of regents of the nine (9) 19
postsecondary education institutions. 20
(4) One (1) member shall be enrolle d as a full -time student at a state institution of 21
postsecondary education and shall be selected annually in the following manner: 22
not later than June 1 of each year , the eight (8) student body presidents of the four 23
(4) year state public institutions of h igher education, the [two (2) ] student body 24
member of[members to] the Kentucky Community and Technical College System 25
board of regents , and one (1) student body president representing the members of 26
the Association of Independent Kentucky Colleges and Univ ersities shall elect by 27
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majority vote three (3) nominees to submit to the Governor. From this list of 1
nominees, the Governor shall appoint a student member. 2
(5) In filling any vacancies, the Governor shall ensure the continuing representation 3
upon the coun cil of the broad constituencies as set forth in subsection (2) of this 4
section. Vacancies on the council shall be filled for the unexpired term in 5
accordance with the procedures established for the original appointments. 6
(6) Each newly appointed citizen member shall serve a term of four (4)[ six (6)] years 7
unless removed by the Governor for cause [, except the initial appointments shall be 8
as follows: 9
(a) Two (2) appointments shall expire December 31, 1997; 10
(b) Three (3) appointments shall expire December 31, 1998; 11
(c) Two (2) appointments shall expire December 31, 1999; 12
(d) Two (2) appointments shall expire December 31, 2000; 13
(e) Two (2) appointments shall expire December 31, 2001; and 14
(f) Two (2) appointments shall expire December 31, 2002]. 15
(7) Any person, other than the chief state school officer, holding either an elective or 16
appointive state office or who is a member of the governing board of any state 17
university in Kentucky, shall be ineligible for membership or appointment on the 18
council during his term. 19
(8) The members of the council shall elect the chair and the vice chair of the council 20
from among the council's membership, and the chair and vice chair shall serve at 21
the pleasure of the council. The vice chair shall serve as chair in the absence of the 22
chair. 23
(9) The council shall meet at least quarterly and at other times upon the call of the chair 24
or a majority of the council. 25
(10) A quorum shall be a majority of the appointive membership of the council. 26
(11) A quorum shall be required to organize and conduct the business of the council, 27
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except that an affirmative vote of eight (8) or more appointive members of the 1
entire council shall be required to dismiss from employment the president of the 2
council, and to adopt or amend the state strategic postsecondary education agenda. 3
(12) New appointees to the council shall not serve more than two (2) consecutive terms. 4
(13) New appointees to the council shall complete an orientation and education program 5
set forth in KRS 164.020(24) to be eligible for appointment to a second term. 6
Section 10. KRS 164.0211 is amended to read as follows: 7
(1) The student body president of each four (4) year public university, the student 8
member of[two (2) student regents to be designated by] the board of regents of the 9
Kentucky Community and Technical College System, and one (1) student body 10
president representing the members of the Association of Independent Kentucky 11
Colleges and Universities shal l serve on an advisory board to be known as the 12
Board of Student Body Presidents. The student body president representing the 13
independent colleges and universities shall be selected under a process established 14
by the Association of Independent Kentucky Colleges and Universities. 15
(2) The Board of Student Body Presidents shall advise the legislative and executive 16
branches regarding postsecondary education issues and concerns of students. 17
(3) At least once each year, the Board of Student Body Presidents shall meet with the 18
Council on Postsecondary Education and the Advisory Conference of Presidents. 19
(4) The Board of Student Body Presidents shall submit the names of three (3) nominees 20
to the Governor for consideration in the appointment of a student member to th e 21
Council on Postsecondary Education pursuant to KRS 164.011. 22
Section 11. KRS 164.001 is amended to read as follows: 23
As used in this chapter, unless the context requires otherwise: 24
(1) "Administrator" means the chief executive officer of the institution; 25
(2) "Adult basic education" means instruction in mathematics, science, social studies, 26
reading, language arts, and related areas to enable individuals to better function in 27
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society; 1
(3) "Benchmarks" means objective measur es developed where applicable or practical 2
by the Council on Postsecondary Education to judge the performance of the 3
postsecondary education system and progress toward the goals as stated in KRS 4
164.003(2); 5
(4) "Board" or "governing board" means the board of trustees for the University of 6
Kentucky or the University of Louisville, the board of regents for a comprehensive 7
university, or the board of regents for the Kentucky Community and Technical 8
College System; 9
(5) "Board of regents" means the governing boa rd of each comprehensive university 10
and the Kentucky Community and Technical College System; 11
(6) "Committee" means the Strategic Committee on Postsecondary Education created 12
in KRS 164.004; 13
(7) "Comprehensive university" means the following public institutions: Eastern 14
Kentucky University, Kentucky State University, Morehead State University, 15
Murray State University, Northern Kentucky University, and Western Kentucky 16
University; 17
(8) "Council" means the Council on Postsecondary Education created in KRS 164.011; 18
(9) "Customized training" means training in specific academic areas, work processes, 19
or technical skills that are designed to serve a specific industry or industries to 20
upgrade worker skills; 21
(10) "Goals" means the six (6) goals specified in KRS 164.003(2); 22
(11) "Independent institution" means a nonpublic postsecondary education institution in 23
Kentucky whose instruction is not solely sectarian in nature, is accredited by a 24
regional accreditin g association recognized by the United States Department of 25
Education, and is licensed by the Council on Postsecondary Education; 26
(12) "Institution" means a university, college, community college, health technology 27
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center, vocational-technical school, technical institute, technical college, technology 1
center, or the Kentucky Community and Technical College System; 2
(13) "Kentucky Community and Technical College System" or "KCTCS" means the 3
system composed of public community and technical colleges, including those 4
postsecondary institutions operated by the former Cabinet for Workforce 5
Development and those community colleges in the University of Kentucky 6
Community College System on May 30, 1997. 7
The system also includes institutions created by the board of r egents for the 8
Kentucky Community and Technical College System and approved by the General 9
Assembly; 10
(14) "Literacy" means an individual's ability to read, write, and speak in English and 11
compute and solve problems at levels of proficiency necessary to fun ction on the 12
job and in society to achieve one's goals and develop one's knowledge and 13
potential; 14
(15) "Lower division academic course" means any academic course offered for college 15
or university credit that is designated as a freshman or sophomore level a cademic 16
course; 17
(16) "Nonteaching personnel" means any employee who is a full -time staff member, 18
excluding a president, chancellor, vice president, academic dean, academic 19
department chair, or administrator; 20
(17) "Postsecondary education system" means the following public institutions: 21
University of Kentucky, University of Louisville, Eastern Kentucky University, 22
Kentucky State University, Morehead State University, Murray State University, 23
Northern Kentucky University, Western Kentucky University, and the Kentucky 24
Community and Technical College System; 25
(18) "P-16 council" or "council of partners" means a local or state council that is 26
composed of educators from public and private preschools, elementary, secondary, 27
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and postsecondary education institutions, local board of education members, and 1
may include community and business representatives that have voluntarily 2
organized themselves for the purpose of improving the alignment and quality of the 3
education continuum from preschool through postsecondary educa tion as well as 4
student achievement at all levels; 5
(19) "Public" means operated with state support; 6
(20) "Relative" means a person's father, mother, brother, sister, husband, wife, son, 7
daughter, aunt, uncle, son-in-law, or daughter-in-law; 8
(21) "Remedial education" means any program, course, or activity that is designed 9
specifically for students who have basic deficiencies in reading, written or oral 10
communication, mathematics, study skills, or other skills necessary to do beginning 11
postsecondary work as defined by the institution; 12
(22) "Standardized degree program" means a program, approved by the Council on 13
Postsecondary Education, that consists of specific competencies, curriculum, and 14
performance requirements regardless of the providing institution; 15
(23) "Strategic agenda" means the state strategic postsecondary education agenda 16
described in KRS 164.0203; 17
(24) "Technical institution" means an educational institution that offers certificates, 18
diplomas, or technical degrees in technical or occupational -related programs, 19
including a facility called a vocational -technical school, technical institute, health 20
technology center, technology center, technical college, or similar designation; and 21
(25) "Learning outcomes" means the knowledge, skills, and abilities t hat students have 22
attained as a result of their involvement in a particular set of educational 23
experiences. 24
Section 12. KRS 164.7011 is amended to read as follows: 25
As used in KRS 164.7011 to 164.7021: 26
(1) "Advisory commi ttee" means the Kentucky Aerospace, Aviation, and Defense 27
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Investment Fund Advisory Committee established in KRS 164.7013; 1
(2) "Aviation" means the operation, maintenance, or manufacturing of aircraft or other 2
aerospace equipment, aerospace initiatives and efforts, and defense-related products 3
related to aerospace and aviation; 4
(3) "Aviation industry partner" means a grantor to the fund that the council determines 5
customarily employs individuals with an eligible aviation or aerospace credential in 6
a relevant aviation role in the usual course of the grantor's business; 7
(4) "Aviation program": 8
(a) Means an education or training program located in Kentucky that issues 9
eligible aviation or aerospace credentials or is a specific requirement to 10
earning an eligible aviation or aerospace credential, including but not limited 11
to a public high school vocational program; and 12
(b) Notwithstanding paragraph (a) of this subsection, does not include a flight 13
training program unless that program is a certified pilot school regulated by 14
the Federal Aviation Administration in accordance with 14 C.F.R. pt. 141 , a 15
certified public postsecondary pilot school regulated by the Federal Aviation 16
Administration in accordance with 14 C.F.R. pt. 61, or is a public high 17
school vocational program; 18
(5) "Council" means the Council on Postsecondary Education; 19
(6) "Dedicated moneys" means a gift, grant, o r donation to the fund that is subject to 20
restrictions imposed by a private grantor under KRS 164.7015; 21
(7) "Eligible aviation credential" means: 22
(a) Any license or certification issued by the Federal Aviation Administration; 23
(b) A Bachelor of Science in a viation issued by a postsecondary education 24
institution overseen or licensed by the council and located in Kentucky; 25
(c) Any engineering degree issued by a postsecondary education institution 26
overseen or licensed by the council and located in Kentucky; or 27
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(d) A career and technical education license or certification determined by the 1
council, in collaboration with the advisory committee, to be in high demand 2
and relevant to the aerospace industry; 3
(8) "Fund" means the Kentucky aerospace, aviation, and defen se investment fund 4
established in KRS 164.7013; 5
(9) "Grantor" means an individual or an entity that gifts, grants, or donates moneys to 6
the fund; 7
(10) "Immediate family" means an individual's parents, siblings, spouse, and children; 8
(11) "Kentucky resident" means a Kentucky resident as defined by the council pursuant 9
to KRS 164.020(8); and 10
(12) "Public aviation program" is an aviation program that is a public high school 11
vocational program or institution that is a member of Kentucky's public 12
postsecondary education system. 13
Section 13. The following KRS sections are repealed: 14
164.586 Personnel dispute resolution system. 15
164.587 Medical and accident insurance program for students. 16
164.594 Service area of Prestonsburg Community College to include Pike County. 17
164.602 Nominating commission for appointments to board of directors. 18
164.5833 Transferability of course work accepted prior to establishment of system. 19
Section 14. (1) Notw ithstanding subsection (2)(c) of Section 1 of this Act, 20
initial appointments to the board of regents of the Kentucky Community and Technical 21
College System under subsection (2)(b)1.a.i. to vi. of Section 1 of this Act shall be as 22
follows: 23
(a) One member shall serve a one-year term; 24
(b) One member shall serve a two-year term; 25
(c) Two members shall serve a three-year term; and 26
(d) Two members shall serve a four-year term. 27
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(2) Upon the expiration of the initial appointments under subsection (1) of this 1
section, members shall be appointed under subsection (2)(b)1.a.i. to vi. of Section 1 of 2
this Act to four-year terms in accordance with subsection (2)(c) of Section 1 of this Act. 3
(3) The eight members appointed to the board of regents of the Kentucky 4
Community and Technical College System by the Governor under KRS 164.321 before 5
the effective date of this Act shall continue to serve on the board until the expiration of 6
their terms, at which time their successors shall be appointed in accordance with Section 7
1 of this Act. 8