AN ACT relating to postsecondary education.

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AN ACT relating to 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
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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 legislatio n. 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 st udents 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 c omprising 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 dollar s ($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, Par t 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
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(c) Any fee established as provided by this subsection shall cease to be assesse d 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 suff icient 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 considerati on 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 a nd 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
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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 par t 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 nece ssary 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 m ore 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) (a) Define and approve the offering of all postsecondary education technical, 16
associate, baccalaureate, graduate, and professional degree, certificate, or 17
diploma programs in the public postsecondary education institutions. [ The 18
council shall not approve a new degree, certificate, or diploma program that 19
includes a requirement for a course or training of which the primary purpose 20
is to indoctrinate participants with a discriminatory concept.] 21
(b) The council shall expedite wherever possible the approval of requests from 22
the Kentucky Community and Technical Colleg e System board of regents 23
relating to new certificate, diploma, technical, or associate degree programs of 24
a vocational -technical and occupational nature. Without the consent of the 25
General Assembly, the council shall not abolish or limit the total enrollm ent 26
of the general program offered at any community college to meet the goal of 27
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reasonable access throughout the Commonwealth to a two (2) year course of 1
general studies designed for transfer to a baccalaureate program. This does not 2
restrict or limit the authority of the council, as set forth in this section, to 3
eliminate or make changes in individual programs within that general 4
program; 5
(16) Eliminate, in its discretion, existing programs or make any changes in existing 6
academic programs at the state's p ostsecondary educational institutions, taking into 7
consideration these criteria: 8
(a) Consistency with the institution's mission and the strategic agenda; 9
(b) Alignment with the priorities in the strategic implementation plan for 10
achieving the strategic agenda; 11
(c) Elimination of unnecessary duplication of programs within and among 12
institutions; and 13
(d) Efforts to create cooperative programs with other institutions through 14
traditional means, or by use of distance learning technology and electronic 15
resources, to achieve effective and efficient program delivery;[ and 16
(e) Alignment with KRS 164.2895, including the elimination of any program that 17
includes a requirement for a course or training of which the primary purpose 18
is to indoctrinate participants with a discriminatory concept;] 19
(17) Ensure the governing board and faculty of all postsecondary education institutions 20
are committed to providing instruction free of discrimination against students who 21
hold political views and opinions contrary to those of the gov erning board and 22
faculty; 23
(18) Review proposals and make recommendations to the Governor regarding the 24
establishment of new public community colleges, technical institutions, and new 25
four (4) year colleges; 26
(19) Postpone the approval of any new program at a state postsecondary educational 27
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institution, unless the institution has met its equal educational opportunity goals, 1
as established by the council. In accordance with administrative regulations 2
promulgated by the council, those institutions not meeting t he goals shall be able 3
to obtain a temporary waiver, if the institution has made substantial progress 4
toward meeting its equal educational opportunity goals; 5
(20) Ensure the coordination, transferability, and connectivity of technology among 6
postsecondary institutions in the Commonwealth including the development and 7
implementation of a technology plan as a component of the strategic agenda; 8
(21)[(20)] Approve the teacher education programs in the public institutions that comply 9
with standards established by the Education Professional Standards Board pursuant 10
to KRS 161.028; 11
(22)[(21)] Constitute the representative agency of the Commonwealth in all 12
matters of postsecondary education of a general and statewide nature which are not 13
otherwise delegated to one (1) or more institutions of postsecondary learning. The 14
responsibility may be exercised through appropriate contractual relationships with 15
individuals or agencies located within or without the Commonwealth. The authority 16
includes but is not limited to contractual arrangements for programs of research, 17
specialized training, and cultural enrichment; 18
(23)[(22)] Maintain procedures for the approval of a designated rece iver to provide 19
for the maintenance of student records of the public institutions of higher education 20
and the colleges as defined in KRS 164.945, and institutions operating pursuant to 21
KRS 165A.310 which offer collegiate level courses for academic credit, which 22
cease to operate. Procedures shall include assurances that, upon proper request, 23
subject to federal and state laws and regulations, copies of student records shall be 24
made available within a reasonable length of time for a minimum fee; 25
(24)[(23)] Monitor and transmit a report on compliance with KRS 164.351 to the 26
director of the Legislative Research Commission for distribution to the Interim 27
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Joint Committee on Families and Children; 1
(25)[(24)] (a) Develop in cooperation with each public university and the Kentucky 2
Community and Technical College System a comprehensive orientation and 3
education program for new members of the council and the governing boards 4
and continuing education opportunities for all council and board members. 5
For new members of the council and institutional governing boards, the 6
council shall: 7
1. Ensure that the orientation and education program comprises six (6) 8
hours of instruction time and includes but is not limited to information 9
concerning the roles of the council and governing board members, the 10
strategic agenda and the strategic implementation plan, and the 11
respective institution's mission, budget and finances, strategic plans and 12
priorities, institutional policies and procedures, board fiduciary 13
responsibilities, legal consid erations including open records and open 14
meetings requirements, ethical considerations arising from board 15
membership, and the board member removal and replacement 16
provisions of KRS 63.080; 17
2. Establish delivery methods by which the orientation and educatio n 18
program can be completed in person or electronically by new members 19
within one (1) year of their appointment or election; 20
3. Provide an annual report to the Governor and Legislative Research 21
Commission of those new board members who do not complete the 22
required orientation and education program; and 23
4. Invite governing board members of private colleges and universities 24
licensed by the Council on Postsecondary Education to participate in the 25
orientation and education program described in this subsection; 26
(b) Offer, in cooperation with the public universities and the Kentucky 27
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Community and Technical College System, continuing education 1
opportunities for all council and governing board members; and 2
(c) Review and approve the orientation programs of each publi c university and 3
the Kentucky Community and Technical College System for their governing 4
board members to ensure that all programs and information adhere to this 5
subsection; 6
(26)[(25)] Develop a financial reporting procedure to be used by all state postsec ondary 7
education institutions to ensure uniformity of financial information available to 8
state agencies and the public; 9
(27)[(26)] Select and appoint a president of the council under KRS 164.013; 10
(28)[(27)] Employ consultants and other persons and employee s as may be required for 11
the council's operations, functions, and responsibilities; 12
(29)[(28)] Promulgate administrative regulations, in accordance with KRS Chapter 13A, 13
governing its powers, duties, and responsibilities as described in this section; 14
(30)[(29)] Prepare and present by January 31 of each year an annual status report on 15
postsecondary education in the Commonwealth to the Governor, the Strategic 16
Committee on Postsecondary Education, and the Legislative Research Commission; 17
(31)[(30)] Consider th e role, function, and capacity of independent institutions of 18
postsecondary education in developing policies to meet the immediate and future 19
needs of the state. When it is found that independent institutions can meet state 20
needs effectively, state resourc es may be used to contract with or otherwise assist 21
independent institutions in meeting these needs; 22
(32)[(31)] Create advisory groups representing the presidents, faculty, nonteaching staff, 23
and students of the public postsecondary education system and th e independent 24
colleges and universities; 25
(33)[(32)] Develop a statewide policy to promote employee and faculty development in 26
state and locally operated secondary area technology centers through the waiver of 27
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tuition for college credit coursework in the pu blic postsecondary education system. 1
Any regular full -time employee of a state or locally operated secondary area 2
technology center may, with prior administrative approval of the course offering 3
institution, take a maximum of six (6) credit hours per term at any public 4
postsecondary institution. The institution shall waive the tuition up to a maximum 5
of six (6) credit hours per term. The employee shall complete the Free Application 6
for Federal Student Aid to determine the level of need and eligibility for s tate and 7
federal financial aid programs. The amount of tuition waived shall not exceed the 8
cost of tuition at the institution less any state or federal grants received, which shall 9
be credited first to the student's tuition; 10
(34)[(33)] Participate with the Kentucky Department of Education, the Kentucky Board 11
of Education, and postsecondary education institutions to ensure that academic 12
content requirements for successful entry into postsecondary education programs 13
are aligned with high school content standa rds and that students who master the 14
high school academic content standards shall not need remedial courses. The 15
council shall monitor the results on an ongoing basis; 16
(35)[(34)] Cooperate with the Kentucky Department of Education and the Education 17
Professional Standards Board in providing information sessions to selected 18
postsecondary education content faculty and teacher educators of the high school 19
academic content standards as required under KRS 158.6453(2)(l); 20
(36)[(35)] Cooperate with the Office of the Kentucky Center for Statistics and ensure the 21
participation of the public institutions as required in KRS 151B.133; 22
(37)[(36)] Pursuant to KRS 63.080, review written notices from the Governor or from a 23
board of trustees or board of regents concerning rem oval of a board member or the 24
entire appointed membership of a board, investigate the member or board and the 25
conduct alleged to support removal, and make written recommendations to the 26
Governor and the Legislative Research Commission as to whether the mem ber or 27
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board should be removed; and 1
(38)[(37)] Exercise any other powers, duties, and responsibilities necessary to carry out 2
the purposes of this chapter. Nothing in this chapter shall be construed to grant the 3
Council on Postsecondary Education authority to disestablish or eliminate any 4
college of law which became a part of the state system of higher education through 5
merger with a state college. 6
Section 2. KRS 164.011 is amended to read as follows: 7
(1) There is hereby created and established a Council on Postsecondary Education in 8
Kentucky as an agency, instrumentality, and political subdivision of the 9
Commonwealth and a public body corporate and politic having all powers, duties, 10
and responsibilities as are provided to it by law, appointed for a term set by law 11
pursuant to Section 23 of the Constitution of Kentucky. The council shall be 12
composed of the commissioner of education, a faculty member, a student member, 13
and thirteen (13) citizen members appoin ted by the Governor. The citizen members 14
shall be confirmed by the Senate under KRS 11.160, and the commissioner of 15
education shall serve as a nonvoting ex officio member. Citizen council members 16
shall be selected from a list of nominees provided to the Go vernor under the 17
nominating process set forth in KRS 164.005. If the General Assembly is not in 18
session at the time of the appointment, persons appointed shall serve prior to 19
confirmation, but the Governor shall seek the consent of the Senate at the next 20
regular session or at an intervening extraordinary session if the matter is included in 21
the call of the General Assembly. 22
(2) By no later than thirty (30) days after May 30, 1997, the Governor's Postsecondary 23
Education Nominating Committee shall submit nomi nations to the Governor as set 24
forth in KRS 164.005. On making appointments to the council, the Governor shall 25
ensure broad geographical and political representation; ensure equal representation 26
of the two (2) sexes, inasmuch as possible; ensure no less th an proportional 27
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representation of the two (2) leading political parties of the Commonwealth based 1
on the state's 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; and ensure 3
that appointments reflect the minority racial composition of the Commonwealth 4
based on the total minority racial population using the most recent census or 5
estimate data from the United States Census Bureau. If the determination of 6
proportional minority representation does not result in a whole number of minority 7
members, it shall be rounded up to the next whole number. A particular political 8
affiliation shall not be a prerequisite to appointment to the council generally; 9
however, if any person i s appointed to the council that does not represent either of 10
the two (2) leading political parties of the Commonwealth, the proportional 11
representation by political affiliation requirement shall be determined and satisfied 12
based on the total number of memb ers on the council less any members not 13
affiliated with either of the two (2) leading political parties. In filling vacancies to 14
the council, the Governor shall act so as to provide, inasmuch as possible, equal 15
representation of the two (2) sexes by appoin ting a member of the sex that is the 16
lesser represented at the time of the appointment. If the remaining membership 17
already has an equal number of males and females, the Governor may appoint a 18
member of either sex. No more than two (2) members of the counc il shall hold an 19
undergraduate degree from any one (1) Kentucky university, and no more than 20
three (3) voting members of the council shall reside in any one (1) judicial district 21
of the Kentucky Supreme Court as of the date of the appointment. However, change 22
in residency after the date of appointment shall not affect the ability to serve. 23
(3) One (1) member shall be a full -time faculty member employed at a state institution 24
of postsecondary education. The faculty member shall be appointed to a four (4) 25
year term by the Governor from a list of three (3) nominees selected and submitted 26
by majority vote of the ten (10) faculty members who serve as faculty 27
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representatives of the boards of trustees and boards of regents of the nine (9) 1
postsecondary education institutions. 2
(4) One (1) member shall be enrolled as a full -time student at a state institution of 3
postsecondary education and shall be selected annually in the following manner: 4
not later than June 1 of each year the eight (8) student body presidents of th e four 5
(4) year state public institutions of higher education, the two (2) student members to 6
the Kentucky Community and Technical College System, and one (1) student body 7
president representing the members of the Association of Independent Kentucky 8
Colleges and Universities shall elect by majority vote three (3) nominees to submit 9
to the Governor. From this list of nominees, the Governor shall appoint a student 10
member. 11
(5) In filling any vacancies, the Governor shall ensure the continuing representation 12
upon the council of the broad constituencies as set forth in subsection (2) of this 13
section. Vacancies on the council shall be filled for the unexpired term in 14
accordance with the procedures established for the original appointments. 15
(6) Each citizen member shall serve a term of six (6) years unless removed by the 16
Governor for cause, except the initial appointments shall be as follows: 17
(a) Two (2) appointments shall expire December 31, 1997; 18
(b) Three (3) appointments shall expire December 31, 1998; 19
(c) Two (2) appointments shall expire December 31, 1999; 20
(d) Two (2) appointments shall expire December 31, 2000; 21
(e) Two (2) appointments shall expire December 31, 2001; and 22
(f) Two (2) appointments shall expire December 31, 2002. 23
(7) Any person, other than the ch ief state school officer, holding either an elective or 24
appointive state office or who is a member of the governing board of any state 25
university in Kentucky, shall be ineligible for membership or appointment on the 26
council during his term. 27
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(8) The members of the council shall elect the chair and the vice chair of the council 1
from among the council's membership, and the chair and vice chair shall serve at 2
the pleasure of the council. The vice chair shall serve as chair in the absence of the 3
chair. 4
(9) The council shall meet at least quarterly and at other times upon the call of the chair 5
or a majority of the council. 6
(10) A quorum shall be a majority of the appointive membership of the council. 7
(11) A quorum shall be required to organize and conduct the busi ness of the council, 8
except that an affirmative vote of eight (8) or more appointive members of the 9
entire council shall be required to dismiss from employment the president of the 10
council, and to adopt or amend the state strategic postsecondary education agenda. 11
(12) New appointees to the council shall not serve more than two (2) consecutive terms. 12
(13) New appointees to the council shall complete an orientation and education program 13
set forth in KRS 164.020(25)[(24)] to be eligible for appointment to a second term. 14
Section 3. KRS 164.131 is amended to read as follows: 15
(1) (a) The government of the University of Kentucky is vested in a board of trustees 16
appointed for a term set by law pursuant to Section 23 of the Constit ution of 17
Kentucky. 18
(b) All appointed and elected persons shall be required to attend and complete an 19
orientation and education program prescribed by the council under KRS 20
164.020(25)[(24)], as a condition of their service and eligibility for 21
appointment or election to a second term. 22
(c) The board shall periodically evaluate the institution's progress in 23
implementing its missions, goals, and objectives to conform to the strategic 24
agenda. Officers and officials shall be held accountable for the status of the 25
institution's progress. 26
(d) Board members may be removed by the Governor under the following 27
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circumstances: 1
1. For cause, pursuant to KRS 63.080(2); or 2
2. Pursuant to KRS 63.080(3) or (4). 3
(e) The board shall consist of sixteen (16) members appointed by the Governor, 4
two (2) members of the faculty of the University of Kentucky, one (1) 5
member of the University of Kentucky nonteaching personnel, and one (1) 6
member of the student body of the Unive rsity of Kentucky. The members 7
appointed by the Governor shall be subject to confirmation by the Senate. The 8
voting members of the board shall select a chairperson annually. 9
(2) (a) The terms of the appointed members shall be for six (6) years and until th eir 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 shall be as follows: 13
1. Two (2) members shall serve one (1) year terms; 14
2. Two (2) members shall serve two (2) year terms, one (1) of whom shall 15
be a graduate of the university, selected from a list of three (3) names 16
submitted by the alumni of the university according to rules established 17
by the board of trustees; 18
3. Three (3) members shall serve three (3) year terms; 19
4. Three (3) members shall serve four (4) year terms, one (1) of whom 20
shall be a graduate of the university, selected as under subparagraph 2. 21
of this subsection; 22
5. Three (3) members shall serve five (5) year terms; and 23
6. Three (3) members shall serve six (6) year terms, one (1) of whom shall 24
be a graduate of the university, selected as under subparagraph 2. of this 25
subsection. 26
(b) 1. Three (3) of the appointments shall be graduates of the university and 27
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may include one (1) graduate of the institution who resides outside the 1
Commonwealth; 2
2. Three (3) shall be representative of agricultural interests; and 3
3. Ten (10) shall be other distinguished citizens representative of the 4
learned professions and may include one (1) who resides outsid e of 5
Kentucky. 6
(c) The Governor shall make the appointments so as to reflect proportional 7
representation of the two (2) leading political parties of the Commonwealth 8
based on the state's voter registration and the political affiliation of each 9
appointee as of December 31 of the year preceding the date of his or her 10
appointment, and to reflect no less than proportional representation of the 11
minority racial composition of the Commonwealth based on the total minority 12
racial population using the most recent cen sus or estimate data from the 13
United States Census Bureau. If the determination of proportional minority 14
representation does not result in a whole number of minority members, it shall 15
be rounded up to the next whole number. A particular political affiliation shall 16
not be a prerequisite to appointment to the board generally; however, if any 17
person is appointed to the board that does not represent either of the two (2) 18
leading political parties of the Commonwealth, the proportional representation 19
by political affiliation requirement shall be determined and satisfied based on 20
the total number of members on the board less any members not affiliated 21
with either of the two (2) leading political parties. 22
(d) Appointments to fill vacancies shall be made for the unex pired term in the 23
same manner as provided for the original appointments. 24
(3) The two (2) University of Kentucky faculty members shall be of the rank of 25
assistant professor or above. They shall be elected by secret ballot by all University 26
of Kentucky facul ty members of the rank of assistant professor or above. Faculty 27
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members shall serve for terms of three (3) years and until their successors are 1
elected and qualified. Faculty members shall be eligible for reelection, but they 2
shall be ineligible to continu e to serve as members of the board of trustees if they 3
cease to be members of the faculty of the university. Elections to fill vacancies shall 4
be for the unexpired term in the same manner as provided for original elections. 5
(4) The nonteaching personnel me mber shall be any full -time staff member, excluding 6
the president, vice -presidents, academic deans, and academic department 7
chairpersons. The staff member shall represent all nonteaching university 8
employees, including but not limited to building facilitie s and clerical personnel. 9
The staff member shall be elected by secret ballot by the nonteaching employees. 10
The staff member shall serve a term of three (3) years and until a successor is 11
elected and qualified. The staff member shall be eligible for reelect ion, but a staff 12
member who ceases being an employee of the university shall not be eligible to 13
continue to serve as a member of the board. Elections to fill vacancies shall be for 14
the unexpired term and shall be held in the same manner as provided for the 15
original election. 16
(5) The student member shall serve a one (1) year term beginning on July 1 after being 17
elected and sworn in as student body president and ending on the following June 18
30. If the student member does not maintain the position of student b ody president 19
or the status of a full -time student at any time during that academic year, a special 20
election shall be held to select a full -time student member. The elected student 21
member shall serve for the remainder of the unexpired term. 22
(6) The number of student and employee trustees of the University of Kentucky elected 23
to the board shall not exceed four (4). 24
(7) Unless specifically approved by the board of trustees under the provisions of KRS 25
164.367, no member of the administrative staff of the unive rsity shall be directly or 26
indirectly interested in any contract with the university for the sale of property, 27
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materials, supplies, equipment, or services, with exception of compensation to the 1
two (2) faculty members, and the one (1) nonteaching personnel member. 2
(8) New appointees of the board shall not serve more than two (2) consecutive terms. 3
(9) The inability of the board to hold regular meetings, to elect a chairperson annually, 4
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 5
annual evaluation of the president of the university, or to carry out its primary 6
function to periodically evaluate the institution's progress in implementing its 7
mission, goals, and objectives to conform to the strategic agenda shall be caus e for 8
the Governor to remove all appointed members of the board and replace the entire 9
appointed membership pursuant to KRS 63.080(4). 10
Section 4. KRS 164.321 is amended to read as follows: 11
(1) Eastern Kentucky University, Morehead State University, Murray State University, 12
Western Kentucky University, Kentucky State University, Northern Kentucky 13
University, and the Kentucky Community and Technical College System shall each 14
be governed by a board of regents appointed for a term set by law pursuant to 15
Section 23 of the Constitution of Kentucky. 16
(a) Each board of the comprehensive universities shall consist of eight (8) 17
members appointed by the Governor, one (1) member of the teaching faculty, 18
one (1) member of the university nonteaching personnel, and one (1) member 19
of the student body of the respective university or college. The members 20
appointed by the Governor shall be subject to confirmation by the Senate. The 21
members of the board shall select a chairperson annually. 22
(b) The board of the Kentucky Community and Technical College System shall 23
consist of eight (8) members appointed by the Governor, two (2) members of 24
the teaching faculty, two (2) members of the nonteaching personnel, and two 25
(2) members of the student bod y. The members appointed by the Governor 26
shall be subject to confirmation by the Senate. 27
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1. No more than three (3) appointed members of the board shall reside in 1
any one (1) judicial district of the Kentucky Supreme Court as of the 2
date of the appointment. 3
2. A change in residency of a gubernatorial appointee after the date of 4
appointment shall not affect the appointee's ability to serve or eligibility 5
for reappointment, except an appointee who assumes residency outside 6
the fifty (50) United States shall become immediately ineligible to serve. 7
The Council on Postsecondary Education shall notify the appointee of 8
his or her ineligibility to serve. 9
3. In making initial appointments, the Governor shall act so as to provide 10
equal representation of the two (2) sex es. In filling vacancies, the 11
Governor shall act so as to provide, inasmuch as possible, equal 12
representation of the two (2) sexes by appointing a member of the sex 13
that is the lesser represented at the time of the appointment. If the 14
remaining membership already has an equal number of males and 15
females, the Governor may appoint a member of either sex. 16
(2) The terms of appointed members shall be for six (6) years and until their successors 17
are appointed and qualified, unless a member is removed by the Gover nor pursuant 18
to KRS 63.080(2), (3), or (4), except the initial appointments to the board of regents 19
for the Kentucky Community and Technical College System shall be as follows: 20
(a) One (1) member shall serve a one (1) year term; 21
(b) One (1) member shall serve a two (2) year term; 22
(c) Two (2) members shall serve three (3) year terms; 23
(d) One (1) member shall serve a four (4) year term; 24
(e) One (1) member shall serve a five (5) year term; and 25
(f) Two (2) members shall serve six (6) year terms. 26
New appointees of a board of regents shall not serve for more than two (2) 27
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consecutive terms. 1
(3) The gubernatorial appointments may include one (1) graduate of the respective 2
institution who resides outside the Commonwealth. Not more than two (2) 3
appointed members of a ny board shall be residents of one (1) county. The 4
appointments shall reflect the proportional representation of the two (2) leading 5
political parties of the Commonwealth based on the state's voter registration and the 6
political affiliation of each appoint ee as of December 31 of the year preceding the 7
date of his or her appointment. A particular political affiliation shall not be a 8
prerequisite to appointment to any board generally; however, if any person is 9
appointed to a board that does not represent eith er of the two (2) leading political 10
parties of the Commonwealth, the proportional representation by political affiliation 11
requirement shall be determined and satisfied based on the total number of 12
members on the board less any members not affiliated with e ither of the two (2) 13
leading political parties. Membership on the board shall reflect no less than 14
proportional representation of the minority racial composition of the 15
Commonwealth based on the total minority racial population using the most recent 16
census or estimate data from the United States Census Bureau. If the determination 17
of proportional minority representation does not result in a whole number of 18
minority members, it shall be rounded up to the next whole number. Membership 19
on the board shall not b e incompatible with any state office. A change in residency 20
after the date of appointment shall not affect a member's ability to serve nor shall it 21
prevent a member's eligibility for reappointment, except a member who assumes 22
residency outside the fifty (5 0) United States shall become immediately ineligible 23
to serve. The Council on Postsecondary Education shall notify the appointee of his 24
or her ineligibility to serve. 25
(4) Appointments to fill vacancies shall be made in the same manner and within the 26
same time after the occurrence of the vacancy as regular appointments. The person 27
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appointed shall hold the position for the unexpired term only. 1
(5) Each member of the board shall serve for the term for which the member is 2
appointed and until a successor is appo inted and qualified, unless a member is 3
removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 4
(6) (a) The faculty member of a comprehensive university shall be a teaching or 5
research member of the faculty of his or her respective university of th e rank 6
of assistant professor or above. The faculty member shall be elected by secret 7
ballot by all faculty members of his or her university of the rank of instructor, 8
assistant professor, or above. The faculty member shall serve for a term of 9
three (3) ye ars and until his successor is elected and qualified. The faculty 10
member shall be eligible for reelection, but he or she shall not be eligible to 11
continue to serve as a member of the board if he or she ceases being a member 12
of the teaching staff of the uni versity. Elections to fill vacancies shall be for 13
the unexpired term in the same manner as provided for the original election. 14
(b) The faculty members of the Kentucky Community and Technical College 15
System shall be represented by one (1) faculty member ele cted from the 16
community colleges and one (1) faculty member elected from the technical 17
institutions to serve three (3) year terms and until their successors are named. 18
The faculty representative of each branch shall be elected by means of a 19
process established by the board. The faculty members may be reelected but 20
shall not serve more than two (2) consecutive terms. A faculty member shall 21
be ineligible to continue to serve as a member of the board if he or she ceases 22
to be a member of the faculty at one (1) of the institutions within the system. 23
Elections to fill vacancies shall be for the unexpired term in the same manner 24
as provided for the original election. These two (2) members shall collectively 25
have one (1) vote which may be cast one-half (1/2) vote by each member. 26
(7) (a) The nonteaching personnel member in a comprehensive university shall be 27
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any full-time staff member excluding the president, vice presidents, academic 1
deans, and academic department chairpersons. He or she shall represent all 2
nonteaching university employees including, but not limited to, building 3
facilities and clerical personnel. The member shall be elected by secret ballot 4
by the nonteaching employees. The nonteaching personnel member shall 5
serve a term of three (3) years and until a successor is elected and qualified. 6
The nonteaching personnel member shall be eligible for reelection, but he or 7
she shall not be eligible to continue to serve as a member of the board if he or 8
she ceases being an employee of the university. Elections to fill vacancies 9
shall be for the unexpired term in the same manner as provided for the 10
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 institutions including, but not limited to, support 16
and clerical personnel. One (1) me mber 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 ha ve 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 board. 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 one (1) of the 26
institutions within the system. Elections to fill vacancies sha ll be for the 27
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unexpired term in the same manner as provided for the original election. 1
(8) (a) The student member on a comprehensive university board shall serve a one 2
(1) year term beginning on July 1 after being elected and sworn in as student 3
body president and ending on the following June 30. If the student member 4
does not maintain the position as student body president or the status as a full -5
time student at any time during that academic year, a special election shall be 6
held to select a full -time student member. The elected student member shall 7
serve 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 e lected 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 ter m. 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
(9) All appointed and elected persons shall be required to attend and complete an 20
orientation and education program prescribed by the council under KRS 21
164.020(25)[(24)], as a condition of their service and eligibility for appointment or 22
election to a second term. 23
(10) Board members may be removed by the Governor under the following 24
circumstances: 25
(a) For cause, pursuant to KRS 63.080(2); or 26
(b) Pursuant to KRS 63.080(3) or (4). 27
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(11) The inability of the board or boards of the comprehensive universities or Kentucky 1
Community and Technical College System to hold quarterly meetings, to elect a 2
chairperson annually, to establish a quorum, to adopt a n annual budget, to set 3
tuition rates, to conduct an annual evaluation of the president of the university or 4
system, to carry out its primary function to periodically evaluate the university's or 5
system's progress in implementing its mission, goals, and ob jectives to conform to 6
the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be 7
cause for the Governor to remove all appointed members of the board or boards and 8
replace the entire appointed membership pursuant to KRS 63.080(4). 9
Section 5. KRS 164.821 is amended to read as follows: 10
(1) The government of the University of Louisville is vested in a board of trustees 11
appointed for a term set by law pursuant to Section 23 of the Constitution of 12
Kentucky. The board shall consist of ten (10) members appointed by the Governor, 13
at least one (1) of whom shall be a graduate of the university; one (1) member of 14
the teaching faculty of the University of Louisville who shall be the chief executive 15
of the ranking unit of faculty government; one (1) member of the permanent staff of 16
the University of Louisville who shall be the chief executive of the staff senate; and 17
one (1) student member who shall be the president of the student body during the 18
appropriate aca demic year. The members appointed by the Governor shall be 19
subject to confirmation by the Senate. 20
(a) All appointed and elected persons shall be required to attend and complete an 21
orientation and education program prescribed by the council under KRS 22
164.020(25)[(24)], as a condition of their service and eligibility for 23
appointment or election to a second term. 24
(b) Board members may be removed by the Governor under the following 25
circumstances: 26
1. For cause, pursuant to KRS 63.080(2); or 27
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2. Pursuant to KRS 63.080(3) or(4). 1
(c) New appointees to the board shall not serve more than two (2) consecutive 2
terms. 3
(2) The student member shall serve a one (1) year term beginning on July 1 after being 4
elected and sworn in as student body president and ending on the foll owing June 5
30. If the student member does not maintain the position of student body president 6
or the status of a full -time student at any time during that academic year, a special 7
election shall be held to select a full -time student member. The elected stu dent 8
member shall serve for the remainder of the unexpired term. 9
(3) The faculty member and staff member shall serve one (1) year terms and cease to 10
be eligible for membership on the board of trustees upon termination of their 11
respective relationships with , or leadership positions within, the university, and 12
vacancies occurring for this reason shall be filled for the remainder of the respective 13
terms in the same manner. 14
(4) The gubernatorial appointments shall serve a term of six (6) years and until their 15
successors are appointed and qualified, unless a member is removed by the 16
Governor pursuant to KRS 63.080(2), (3), or (4), except the initial terms shall be as 17
follows: 18
(a) Two (2) members shall serve one (1) year terms; 19
(b) Two (2) members shall serve two (2) year terms; 20
(c) Two (2) members shall serve three (3) year terms; 21
(d) Two (2) members shall serve four (4) year terms; 22
(e) One (1) member shall serve a five (5) year term; and 23
(f) One (1) member shall serve a six (6) year term. 24
(5) The Governor shall m ake his at -large appointments so as to divide the appointed 25
representation upon the board to reflect: 26
(a) The proportional representation of the two (2) leading political parties in the 27
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Commonwealth based on the state's voter registration and the political 1
affiliation of each appointee as of December 31 of the year preceding the date 2
of his or her appointment. A particular political affiliation shall not be a 3
prerequisite to appointment to the board generally; however, if any person is 4
appointed to the boar d that does not represent either of the two (2) leading 5
political parties of the Commonwealth, the proportional representation by 6
political affiliation requirement shall be determined and satisfied based on the 7
total number of members on the board less any members not affiliated with 8
either of the two (2) leading political parties; and 9
(b) No less than the proportional representation of the minority racial composition 10
of the Commonwealth based on the total minority racial population using the 11
most recent census or estimate data from the United States Census Bureau. If 12
the determination of proportional minority representation does not result in a 13
whole number of minority members, it shall be rounded up to the next whole 14
number. 15
(6) Vacancies among the appoint ed members of the board occurring by death, 16
resignation, or any other cause, other than expiration of a term, shall be filled by 17
appointments made by the Governor for the remainder of the unexpired term, 18
subject to the qualifications set forth in this section. 19
(7) Unless specifically approved by the board of trustees under the provisions of KRS 20
164.367, no member of the teaching or administrative staff of the university shall be 21
directly or indirectly interested in any contract with the university for the s ale of 22
property, materials, supplies, equipment, or services, with the exception of 23
compensation to the faculty, staff, and student members. 24
(8) The inability of the board to hold regular meetings, to elect a chairperson annually, 25
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 26
annual evaluation of the president of the university, to carry out its primary function 27
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to periodically evaluate the institution's progress in implementing its mission, goals, 1
and objectives to conform to the strategic agenda, or to otherwise perform its duties 2
under KRS 164.830 shall be cause for the Governor to remove all appointed 3
members of the board and replace the entire appointed membership pursuant to 4
KRS 63.080(4). 5
Section 6. KRS 335B.010 is amended to read as follows: 6
As used in KRS 335B.020 to 335B.070, unless the context requires otherwise: 7
(1) "Occupation" includes all occupations, trades, vocations, professions, businesses, or 8
employment of any kin d for which a license is required to be issued by the 9
Commonwealth of Kentucky, its agencies, or political subdivisions; 10
(2) "License" includes all licenses, permits, certificates, registrations, or other means 11
required to engage in an occupation which are granted or issued by the 12
Commonwealth of Kentucky, its agents or political subdivisions before a person 13
can pursue, practice, or engage in any occupation; 14
(3) "Public employment" includes all employment with the Commonwealth of 15
Kentucky, its agencies, or political subdivisions; 16
(4) "Conviction of a crime" shall be limited to convictions of felonies or 17
misdemeanors; and 18
(5) "Hiring or licensing authority" shall m ean the person, board, commission, or 19
department of the Commonwealth of Kentucky, its agencies or political 20
subdivisions, responsible by law for the hiring of persons for public employment or 21
the licensing of persons for occupations[; 22
(6) "Diversity, equit y, and inclusion training" has the same meaning as in KRS 23
164.2894; and 24
(7) "Licensing authority" means the person, board, commission, department, or other 25
entity of the Commonwealth of Kentucky, its agencies, or political subdivisions, 26
responsible by law for the licensing of persons for occupations]. 27
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Section 7. The following KRS sections are repealed: 1
164.2894 Definitions for KRS 164.2894 to 164.2899. 2
164.2895 Prohibited practices -- Consideration of religion, ra ce, sex, color, or national 3
origin by public postsecondary education institution disallowed -- Resources not to 4
be spent on diversity, equity, and inclusion office -- Exceptions -- Attorney General 5
to enforce -- Audit. 6
164.2896 Governing boards to ad opt and publish policy on viewpoint neutrality -- 7
Attorney General to enforce. 8
164.2897 Council on Postsecondary Education -- Prohibited practices -- Exceptions -- 9
Certification to Legislative Research Commission -- Attorney General to enforce. 10
164.2898 Institutions to submit annual report to Legislative Research Commission of 11
policies, programs, practices, and procedures that promote or provide differential 12
treatment – Sunset. 13
164.2899 Council on Postsecondary Education to develop and pub lish annual survey to 14
assess intellectual freedom and viewpoint diversity -- Institutions to administer 15
surveys, securely store responses, and submit annual report to council -- Sunset. 16
335B.035 Requirement or use of diversity, equity, and inclusion training by licensing 17
authority in licensure or disciplinary decisions or actions prohibited. 18
Section 8. This Act may be cited as the Restoration of Postsecondary Inclusion 19
and Student Success Programs Act. 20