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Code · Kentucky · Chapter 156 — Department of education

156.029 Kentucky Board of Education -- Membership -- Functions.

770 words·~4 min read·/ky/chapter-156/156-029

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)There is hereby established a Kentucky Board of Education, which shall consist of
eleven
(11)voting members appointed by the Governor and confirmed by the
Senate of the General Assembly, with the president of the Council on
Postsecondary Education and the secretary of the Education and Labor Cabinet
serving as ex officio nonvoting members, and an active public elementary or
secondary school teacher and a public high school student appointed by the board
as described in subsection
(3)of this section serving as nonvoting members. Seven
(7)voting members shall represent each of the Supreme Court districts as
established by KRS 21A.010, and four
(4)voting members shall represent the state
at large. Each of the voting members shall serve for a four
(4)year term, except the
initial appointments shall be as follows: the seven
(7)members representing
Supreme Court districts shall serve a term which shall expire on April 14, 1994; and
the four
(4)at-large members shall serve a term which shall expire on April 14,
1992. Subsequent appointments shall be submitted to the Senate for confirmation in
accordance with KRS 11.160.
(2)Appointments of the voting members shall be made without reference to
occupation. No voting member at the time of his or her appointment or during the
term of his or her service shall be engaged as a professional educator. Beginning
with voting members appointed on or after June 29, 2021, appointments to the
group of members representing Supreme Court districts and to the group of at-large
members, respectively, shall reflect equal representation of the two
(2)sexes,
inasmuch as possible; reflect no less than proportional representation of the two
leading political parties of the Commonwealth based on the state's voter registration
and the political affiliation of each appointee as of December 31 of the year
preceding the date of his or her appointment; and reflect the minority racial
composition of the Commonwealth based on the total minority racial population
using the most recent census or estimate data from the United States Census
Bureau. If the determination of proportional minority representation does not result
in a whole number of minority members, it shall be rounded up to the next whole
number. A particular political affiliation shall not be a prerequisite to appointment
to the board generally; however, if any person is appointed to the board that does
not represent either of the two
(2)leading political parties of the Commonwealth,
the proportional representation by political affiliation requirement shall be
determined and satisfied based on the total number of members on the board less
any members not affiliated with either of the two
(2)leading political parties.
Pursuant to KRS 63.080, a member shall not be removed except for cause or,
beginning with voting members appointed on or after June 29, 2021, in accordance
with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not be subject to
reorganization by the Governor.
(3)Ex officio and other nonvoting members shall not be represented by proxy at any
meeting of the board.
(4)The nonvoting teacher and student members shall be selected by the board from the
state's six
(6)congressional districts on a rotating basis from different districts. The
public high school student shall be classified as a junior at the time of appointment.
The teacher and student members shall serve for a one
(1)year term, except the
initial appointments shall serve a term which shall expire on April 14, 2022. The
board shall promulgate an administrative regulation establishing the process for
selecting the nonvoting teacher and student members.
(5)A vacancy in the voting membership of the board shall be filled by the Governor
for the unexpired term with the consent of the Senate. In the event that the General
Assembly is not in session at the time of the appointment, the consent of the Senate
shall be obtained during the time the General Assembly next convenes.
(6)At the first regular meeting of the board in each fiscal year, a chairperson shall be
elected from its voting membership.
(7)The members shall be reimbursed for actual and necessary expenses incurred in the
performance of their duties.
(8)The commissioner of education shall serve as the executive secretary to the board.
(9)The primary function of the board shall be to develop and adopt policies and
administrative regulations, with the advice of the Local Superintendents Advisory
Council, by which the Department of Education shall be governed in planning,
coordinating, administering, supervising, operating, and evaluating the educational
programs, services, and activities within the Department of Education which are
within the jurisdiction of the board.
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