Kentucky Statutes 156.029 – Kentucky Board of Education — Membership — Functions
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(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 (2) 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.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 134, sec. 2, effective March 29, 2023. — Amended 2022 Ky. Acts ch. 236, sec. 61, effective July 1, 2022. — Amended 2021
Ky. Acts ch. 178, sec. 1, effective June 29, 2021. — Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 57, effective May 30, 1997. — Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 354, sec. 2, effective July 15, 1994. — Amended 1992 Ky. Acts ch. 415, sec. 2, effective July 14, 1992. — Created 1990 Ky. Acts ch. 476, PT. II, sec. 35, effective July 13, 1990.
1992. Subsequent appointments shall be submitted to the Senate for confirmation in accordance with KRS § 11.160.
Terms Used In Kentucky Statutes 156.029
- Ex officio: Literally, by virtue of one's office.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(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 (2) 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.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 134, sec. 2, effective March 29, 2023. — Amended 2022 Ky. Acts ch. 236, sec. 61, effective July 1, 2022. — Amended 2021
Ky. Acts ch. 178, sec. 1, effective June 29, 2021. — Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 57, effective May 30, 1997. — Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 354, sec. 2, effective July 15, 1994. — Amended 1992 Ky. Acts ch. 415, sec. 2, effective July 14, 1992. — Created 1990 Ky. Acts ch. 476, PT. II, sec. 35, effective July 13, 1990.