Text of KY HB 4 (2025)
AN ACT relating to initiatives regarding diversity, equity, and inclusion.
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As introduced
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AN ACT relating to postsecondary institutions.
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Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
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As used in Sections 1 to 8 of this Act:
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(1)
"Affiliated organization" means an entity whose primary purpose includes
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supporting or benefitting an institution or an officer, director, or employee of an
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institution;
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(2)
"Bias incident" means noncriminal conduct that is alleged to constitute an act or
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statement against a particular group or individual because of the group or
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individual's religion, race, sex, color, or national origin or perceived religion,
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race, sex, color, or national origin;
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(3)
"Binding contract" means any grant, endowment, settlement agreement,
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commercial contract, or other legally enforceable agreement entered into by or on
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behalf of an institution;
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(4)
"Council" means the Council on Postsecondary Education;
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(5)
"Differential treatment or benefits" means differential, preferential, or
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prejudicial treatment or consideration and includes the conferring or withholding
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of a benefit;
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(6)
"Discriminatory concept" means a concept that justifies or promotes differential
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treatment or benefits conferred to individuals on the basis of religion, race, sex,
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color, or national origin, unless the differential treatment or benefits is:
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(a)
Excluded from a diversity, equity, and inclusion initiative under an
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exclusion set forth in subsection (7)(b) of this section; or
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(b)
Established or required by law, including but not limited to differential
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treatment or benefits on the basis of citizenship status;
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(7)
"Diversity, equity, and inclusion initiative":
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(a)
Means a policy, practice, or procedure designed or implemented to promote
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or provide differential treatment or benefits to individuals on the basis of
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religion, race, sex, color, or national origin, including but not limited to any
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such policy, practice, or procedure related to employment, employee
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recruitment, employee hiring, employee promotion, contracts, contract
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renewal, student recruitment, student admission, student housing, financial
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assistance, and scholarship awards; and
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(b)
Does not include:
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1.
A policy, practice, procedure, office, employee, training, program, or
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activity that is required pursuant to:
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a.
The Americans with Disabilities Act of 1990, 42 U.S.C. sec.
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12101 et seq., as amended;
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b.
The Individuals with Disabilities Education Act, 20 U.S.C. sec.
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1400 et seq., as amended;
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c.
The Federal Age Discrimination in Employment Act of 1967, 29
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U.S.C. sec. 621 et seq., as amended;
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d.
The federal Civil Rights Act of 1964, Pub. L. No. 88-352, as
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amended;
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e.
Title IX of the Education Amendments of 1972, 20 U.S.C. sec.
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1681 et seq.;
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f.
The Religious Freedom Restoration Act of 1993, 42 U.S.C. 21B
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sec. 2000bb et seq.;
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g.
The Kentucky Religious Freedom Restoration Act, KRS 446.350;
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h.
Any other applicable federal or state law;
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i.
A court order; or
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j.
A binding contract entered into prior to the effective date of this
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Act;
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2.
A bona fide qualification or accommodation based on sex that are
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historically maintained in the usual course of operating an institution,
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including but not limited to:
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a.
Sex-based athletic eligibility restrictions;
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b.
Sex-based fraternal organization membership restrictions;
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c.
Sex-based restrictions required to establish or maintain separate
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living facilities for members of a single biological sex; or
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d.
Bona fide occupational qualifications reasonably necessary to
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the normal operation of the institution;
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3.
A bona fide accommodation based on religion that is required under
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any applicable federal or state law;
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4.
Differential treatment or benefits necessary to provide medical
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treatment or information; or
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5.
Services and programming of resource centers, provided that the
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participation of each student, faculty member, staff member, and
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volunteer in each resource center program is optional, not mandatory,
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and that access to center services is not restricted on the basis of
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religion, race, sex, color, or national origin;
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(8)
"Diversity, equity, and inclusion office" means a nonacademic office, division, or
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other unit of an institution that is:
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(a)
Responsible for developing, implementing, or promoting a discriminatory
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concept, a diversity, equity, and inclusion training, or a diversity, equity,
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and inclusion initiative, regardless of whether the office is designated by the
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institution as a diversity, equity, and inclusion office; and
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(b)
Not expressly required pursuant to applicable federal or state law, a court
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order, or a binding contract entered into prior to the effective date of this
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Act;
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(9)
"Diversity, equity, and inclusion officer" means an employee, contractor, or
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volunteer:
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(a)
Whose responsibilities include developing, implementing, or promoting a
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discriminatory concept, diversity, equity, and inclusion training, or a
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diversity, equity, and inclusion initiative outside of the context of academic
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courses or instruction, regardless of whether the position is designated as a
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diversity, equity, and inclusion position or affiliated with a diversity, equity,
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and inclusion office; and
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(b)
Who serves in a role that is not expressly required pursuant to applicable
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federal or state law, a court order, or a binding contract entered into prior
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to the effective date of this Act;
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(10) "Diversity, equity, and inclusion training" means a training, conference,
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presentation, meeting, or professional development that:
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(a)
Contains, implements, or promotes a discriminatory concept;
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(b)
Is not expressly required pursuant to applicable federal or state law, a court
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order, or a binding contract entered into prior to the effective date of this
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Act; and
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(c)
Does not include academic courses or instruction;
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(11) "Governing board" means the governing board of an institution;
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(12) "Institution" means a public postsecondary education institution and includes all
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programs, departments, divisions, offices, centers, colleges, student governments,
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affiliated organizations, and any individual acting in an official capacity on
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behalf of a public postsecondary institution and does not include student
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organizations;
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(13) "Qualified individual" means:
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(a)
An individual enrolled in an institution;
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(b)
A parent or guardian of a student under the age of eighteen (18) who is
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enrolled in an institution;
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(c)
An individual who is employed by the institution or the council; or
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(d)
A candidate or applicant for student admission, student housing, financial
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assistance, scholarship awards, employment, employee promotion, employee
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contract, employee contract renewal, or service contract;
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(14) "Resource" means:
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(a)
Moneys appropriated by the General Assembly;
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(b)
Moneys or items of value derived from bequests, charges, deposits,
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donations, endowments, fees, grants, gifts, income, receipts, tuition, or any
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other source;
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(c)
Materials and other physical resources;
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(d)
Digital resources, including an official website, digital application, or social
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media page of an institution; or
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(e)
Faculty, staff, volunteers, and other human resources;
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(15) "Resource center" means a center maintained by an institution that offers
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services or programming for students, faculty, staff, and volunteers, including but
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not limited to centers that offer academic, health, religious, disability, community,
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and career resources, services, and support; and
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(16) "Student-on-student harassment" means unwelcome conduct directed toward a
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student by another student that is so severe, pervasive, and objectively offensive
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that it effectively denies equal access to an educational opportunity or benefit.
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SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
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(1)
An institution shall not:
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(a)
Except as provided in subsection (2)(n) and (o) of this section, provide any
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differential treatment or benefits to an individual, including a candidate or
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applicant for employment, promotion, contract, contract renewal, or
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admission, on the basis of the individual's religion, race, sex, color, or
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national origin;
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(b)
Discriminate in student admissions on the basis of religion, race, sex, color,
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or national origin;
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(c)
Except as provided in subsection (2)(l) of this section:
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1.
Impose any scholarship criteria or scholarship eligibility restriction
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on, or provide differential treatment or benefits to, a scholarship
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applicant, candidate, or recipient on the basis of an individual's
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religion, race, sex, color, or national origin; or
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2.
Execute or renew any legally binding restriction that would require an
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institution to consider the religion, race, sex, color, or national origin
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of a scholarship applicant, candidate, or recipient;
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(d)
Prioritize or provide preferential consideration for vendors, contracts, or
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other transactions based upon the religion, race, sex, color, or national
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origin of the ownership, management, or staff of any business or nonprofit
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entity, except that the institution may provide preferential consideration for
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businesses owned by residents of Kentucky and the United States;
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(e)
Make student housing assignments on the basis of religion, sex, race, color,
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or national origin unless an exception is necessary to:
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1.
Maintain separate living facilities for members of a single biological
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sex; or
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2.
Permit need-based access to student housing facilities during school
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breaks, provided that room assignments are not implemented in a
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discriminatory manner or segregated by religion, race, color, or
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national origin;
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(f)
Initiate an investigation of a bias incident, unless the general counsel for
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the institution authorizes the investigation and certifies in writing that the
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investigation is necessary because the conduct being investigated:
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1.
May rise to the level of student-on-student harassment if all facts
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alleged are taken as true; or
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2.
Is subject to mandatory investigation pursuant to applicable state or
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federal law;
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(g)
Hold a hearing, tribunal, or other disciplinary proceeding on a bias incident
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unless the general counsel for the institution authorizes the hearing and
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certifies in writing, after a review of all relevant evidence, that the hearing
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is necessary to ensure compliance with applicable state or federal law;
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(h)
Expend any resources to:
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1.
Establish or maintain a diversity, equity, and inclusion office;
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2.
Contract or employ an individual to serve as a diversity, equity, and
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inclusion officer;
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3.
Provide diversity, equity, and inclusion training or contribute to any
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cost associated with planning, promoting, hosting, traveling to,
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attending, presenting, or otherwise participating in diversity, equity,
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and inclusion training; or
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4.
Establish or maintain a diversity, equity, and inclusion initiative;
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(i)
On an application for employment, promotion, contract, contract renewal,
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admission, housing, financial aid, or scholarship, compel, solicit, or
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consider any pledge or statement on an applicant's experience with or views
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on religion, race, sex, color, or national origin, except an institution may:
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1.
If an applicant for admission or scholarship submits an unsolicited
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statement concerning how a matter relating to religion, race, sex,
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color, or national origin affected his or her life, consider the statement
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but shall not provide differential treatment or benefits based upon the
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race, sex, religion, color, or national origin of the applicant; and
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2.
Require an applicant for housing to disclose his or her biological sex
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for the purpose of maintaining separate living facilities for members
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of a single biological sex;
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(j)
Require any student to enroll in or complete an academic course dedicated
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to the promotion or justification of a discriminatory concept; or
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(k)
Require or incentivize students, faculty, or staff to attend a diversity, equity,
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and inclusion training.
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(2)
Notwithstanding subsection (1) of this section, nothing in this section shall be
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construed to apply to or affect any of the following:
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(a)
Rights secured by the First Amendment of the United States Constitution or
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Section 1 of the Constitution of Kentucky;
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(b)
Academic course content or instruction;
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(c)
Academic freedom of faculty, students, and student organizations;
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(d)
Academic research or creative works by an institution’s students, faculty, or
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research personnel;
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(e)
The distribution of grant funding for academic research;
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(f)
Religious freedom of faculty, students, and student organizations;
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(g)
Publications and the freedom of expression of student newspapers and
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university press;
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(h)
Activities, funding, conduct, speech, and freedom of association of student-
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led organizations, or the conduct or speech of students acting in their
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individual capacity;
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(i)
Activities, programs, and initiatives for military veterans, Pell Grant
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recipients,
first-generation
college
students,
low-income
students,
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nontraditional students, transfer students from the Kentucky Community
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and Technical College System, or students with unique abilities;
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(j)
Arrangements for guest speakers and performers with short-term
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engagements, including those invited by students or faculty;
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(k)
The purchase of materials for university library inventory and the access of
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the public to university library inventory;
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(l)
Endowments for privately funded scholarships that existed before the
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effective date of this Act that require an institution to consider the religion,
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race, sex, color, or national origin of a scholarship applicant or candidate
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until the balance of corpus is exhausted;
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(m) Mental or physical health services provided by certified or licensed
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professionals;
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(n)
Bona fide qualifications or accommodations based on biological sex that
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are historically maintained in the usual course of operating an institution
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and do not constitute a diversity, equity, and inclusion initiative;
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(o)
Bona fide qualifications based on national origin that are related to the
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eligibility of an individual for a visa;
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(p)
Bona fide accommodations based on religion that are necessary to comply
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with federal or state law;
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(q)
The ability of an institution to investigate criminal acts or acts of
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discrimination in accordance with applicable federal or state law;
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(r)
Programs or measures required for institutional accreditations; or
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(s)
Programs or measures intended to enable the collection of demographic
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data.
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(3)
Notwithstanding subsection (1) of this section, nothing in this section shall be
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construed to prohibit programs, procedures, policies, and other initiatives deemed
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by the institution's general counsel to be required for compliance with federal or
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state law, a court order, or a binding contract entered into prior to the effective
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date of this Act.
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(4)
Each governing board shall ensure compliance with this section no later than
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June 30, 2025.
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(5)
Beginning July 1, 2026, each institution shall submit an annual certification to
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the council that:
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(a)
Is signed by president of the institution or the chief financial officer of the
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institution; and
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(b)
Certifies that the institution has not spent money in violation of the section
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during the previous fiscal year.
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SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
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(1)
No later than June 30, 2025, each governing board shall:
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(a)
Adopt a policy on viewpoint neutrality that prohibits discrimination on the
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basis of an individual's political or social viewpoint and promotes
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intellectual diversity within the institution; and
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(b)
Publish the amended policy in the institution's student handbook and
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faculty handbook and on a prominent, publicly accessible page of the
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institution's website.
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(2)
An institution shall not require any individual to endorse or condemn a specific
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ideology, political viewpoint, or social viewpoint to be eligible for hiring, contract
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renewal, tenure, promotion, admission, or graduation.
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SECTION 4. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
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(1)
The council shall not:
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(a)
Provide any differential treatment or benefits to an individual on the basis
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of the individual's religion, race, sex, color, or national origin;
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(b)
Expend any resources to:
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1.
Establish or maintain a diversity, equity, and inclusion office;
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2.
Contract with or employ an individual to serve as a diversity, equity,
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and inclusion officer;
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3.
Provide diversity, equity, and inclusion training or contribute to any
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cost associated with planning, promoting, hosting, traveling to,
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attending, presenting, or otherwise participating in diversity, equity,
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and inclusion training; or
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4.
Establish or maintain a diversity, equity, and inclusion initiative; or
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(c)
Compel, solicit, or consider as part of the employment application process
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any statements on the applicant's religion, race, sex, color, or national
8
origin.
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(2)
Nothing in this section shall be construed to prohibit programs, procedures,
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policies, and other initiatives deemed by the council's general counsel to be
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required for compliance with federal or state law, a court order, or a binding
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contract entered into prior to the effective date of this Act.
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(3)
The council shall comply with this section no later than June 30, 2025.
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(4)
Beginning July 1, 2026, the council shall submit an annual certification to the
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Legislative Research Commission for referral to the appropriate Interim Joint
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Committee on Education that:
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(a)
Is signed by the president or budget director of the council; and
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(b)
Certifies that the council has not spent money in violation of the section
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during the previous fiscal year.
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SECTION 5. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
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(1)
The Attorney General may bring a civil action for a writ of mandamus to compel
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the council or an institution to comply with Sections 1, 2, 3, and 4 of this Act.
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(2)
(a)
Notwithstanding any provision of law to the contrary, a qualified individual
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may file a civil action against the council or an institution for economic
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damages not to exceed one hundred thousand dollars ($100,000) per
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violation, injunctive relief, and declaratory relief from a violation of
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Sections 1, 2, 3, and 4 of this Act committed on or after the effective date of
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this Act. A civil action brought under this section may be brought in the
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Circuit Court of the county in which:
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1.
All or a substantial part of the events or omissions giving rise to the
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civil action occurred;
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2.
The principal office of the institution or council is located; or
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3.
The plaintiff resides, if the plaintiff is an individual who resides in the
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Commonwealth.
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(b)
Sovereign and governmental immunity are waived for the limited purpose of
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permitting claims pursuant to this section.
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(c)
A prevailing plaintiff shall be permitted to recover reasonable attorney's
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fees and litigation costs from the institution or council that committed the
13
violation.
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(d)
The remedies identified in this section shall be in addition to, and not in lieu
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of, any other remedies available in law or equity.
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(3)
The council or an institution shall not use, or threaten the use of, any official
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authority or influence to discourage, interfere with, or otherwise retaliate against
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any qualified individual who in good faith:
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(a)
Files or is about to file a civil action against the council or an institution; or
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(b)
Supports, aids, or substantiates a civil action filed or about to be filed;
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in accordance with subsection (2) of this section.
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SECTION 6. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
24
(1)
No later than October 1 of each year, each institution shall submit a certified
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report to the Legislative Research Commission for referral to the appropriate
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Interim Joint Committee on Education, and shall publish the report to a
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prominent, publicly accessible location on the institution's website. Each report
1
shall be certified by the institution's general counsel and contain a complete list
2
and description of the nature, costs, and source of authority of all policies,
3
programs, practices, and procedures of the institution that are:
4
(a)
Designed or implemented to promote or provide differential treatment or
5
benefits to individuals on the basis of religion, race, sex, color, or national
6
origin; and
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(b)
Required pursuant to any applicable federal or state law, a court order, or a
8
binding contract entered into prior to the effective date of this Act.
9
(2)
An institution shall not claim, assert, or rely upon a governmental mandate as a
10
defense to a civil action filed by the Attorney General or a qualified individual in
11
accordance with Section 5 of this Act unless that mandate was listed and clearly
12
and accurately described in:
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(a)
The institution's most recent annual report required by subsection (1) of
14
this section prior to the date the events or omissions giving rise to the civil
15
action occurred; or
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(b)
An addendum to the institution's most recent annual report required by
17
subsection (1) of this section that was published:
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1.
Prior to the date the events or omissions giving rise to the civil action
19
occurred; and
20
2.
In the same location on the institution's website as the report required
21
by subsection (1) of this section.
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(3)
This section shall expire on and have no force or effect after June 30, 2031,
23
unless extended by an act of the General Assembly.
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SECTION 7. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
26
(1)
No later than October 1, 2025, the council shall develop and publish an annual
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survey to assess intellectual freedom and viewpoint diversity using statistically
1
valid survey techniques to evaluate the extent to which the students, faculty, and
2
staff of an institution:
3
(a)
Are exposed to a variety of ideological and political perspectives, including
4
competing ideas and perspectives; and
5
(b)
Feel at liberty to express their ideological and political viewpoints and
6
beliefs on campus and in the classroom.
7
(2)
By November 1 of each year, each institution shall administer the survey
8
produced under subsection (1) of this section to all students, faculty, and staff of
9
the institution. The communication distributing the survey shall be clearly
10
identified and shall not be combined with any other communication.
11
(3)
The institution shall provide students, faculty, and staff at least thirty (30) days
12
from the date the survey is initially distributed to respond to the survey. The
13
institution shall provide a reminder to students, faculty, and staff to complete the
14
survey at least three (3) business days prior to the deadline to submit a response.
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The reminder shall be clearly identified and shall not be combined with any other
16
communication.
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(4)
Each institution shall collect and store responses to the survey anonymously and
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securely.
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(5)
Each institution shall compile all responses to its survey into an annual report on
20
intellectual freedom and viewpoint diversity to be submitted to the council no later
21
than January 1 of each year. The council shall publish the annual report
22
submitted by each institution to a prominent, publicly accessible location on the
23
council's website no later than January 7 of each year.
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(6)
This section shall expire on and have no force or effect after June 30, 2031,
25
unless extended by an act of the General Assembly.
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SECTION 8. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO
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READ AS FOLLOWS:
1
(1)
(a)
Beginning January 1, 2026, each institution shall provide the State
2
Treasurer and the Personnel Cabinet with the name, job title, duty station,
3
and salary or wages of each employee of the institution by the twentieth day
4
of each month.
5
(b)
The State Treasurer shall regularly report the information received under
6
this subsection to the public in the manner and method designated by the
7
State Treasurer.
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(2)
(a)
The annual operating budget adopted by each institution shall include an
9
itemized budget of each school, department, administrative office, resource
10
center, and research facility of the institution, regardless of the source of
11
funding.
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(b)
Each itemized budget required by this subsection shall be published to a
13
prominent, publicly accessible location on the institution's website.
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Section 9. KRS 164.020 is amended to read as follows:
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The Council on Postsecondary Education in Kentucky shall:
16
(1)
Develop and implement the strategic agenda with the advice and counsel of the
17
Strategic Committee on Postsecondary Education. The council shall provide for and
18
direct the planning process and subsequent strategic implementation plans based on
19
the strategic agenda as provided in KRS 164.0203;
20
(2)
Revise the strategic agenda and strategic implementation plan with the advice and
21
counsel of the committee as set forth in KRS 164.004;
22
(3)
Develop a system of public accountability related to the strategic agenda by
23
evaluating the performance and effectiveness of the state's postsecondary system.
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The council shall prepare a report in conjunction with the accountability reporting
25
described in KRS 164.095, which shall be submitted to the committee, the
26
Governor, and the General Assembly by December 1 annually. This report shall
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include a description of contributions by postsecondary institutions to the quality of
1
elementary and secondary education in the Commonwealth;
2
(4)
Review, revise, and approve the missions of the state's universities and the
3
Kentucky Community and Technical College System. The Council on
4
Postsecondary Education shall have the final authority to determine the compliance
5
of postsecondary institutions with their academic, service, and research missions;
6
(5)
Establish and ensure that all postsecondary institutions in Kentucky cooperatively
7
provide for an integrated system of postsecondary education. The council shall
8
guard against inappropriate and unnecessary conflict and duplication by promoting
9
transferability of credits and easy access of information among institutions;
10
(6)
Engage in analyses and research to determine the overall needs of postsecondary
11
education and adult education in the Commonwealth;
12
(7)
Develop plans that may be required by federal legislation. The council shall for all
13
purposes of federal legislation relating to planning be considered the "single state
14
agency" as that term may be used in federal legislation. When federal legislation
15
requires additional representation on any "single state agency," the Council on
16
Postsecondary Education shall establish advisory groups necessary to satisfy federal
17
legislative or regulatory guidelines;
18
(8)
(a)
Determine tuition and approve the minimum qualifications for admission to
19
the state postsecondary educational system. In defining residency, the council
20
shall classify a student as having Kentucky residency if the student met the
21
residency requirements at the beginning of his or her last year in high school
22
and enters a Kentucky postsecondary education institution within two (2)
23
years of high school graduation. In determining the tuition for non-Kentucky
24
residents, the council shall consider the fees required of Kentucky students by
25
institutions in adjoining states, the resident fees charged by other states, the
26
total actual per student cost of training in the institutions for which the fees
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are being determined, and the ratios of Kentucky students to non-Kentucky
1
students comprising the enrollments of the respective institutions, and other
2
factors the council may in its sole discretion deem pertinent, except that the
3
Kentucky Community and Technical College System may assess a mandatory
4
student fee not to exceed eight dollars ($8) per credit hour to be used
5
exclusively for debt service on amounts not to exceed seventy-five percent
6
(75%) of the total projects cost of the Kentucky Community and Technical
7
College System agency bond projects included in 2014 Ky. Acts ch. 117, Part
8
II, J., 11.
9
(b)
The Kentucky Community and Technical College System mandatory fee
10
established in this subsection shall only be used for debt service on agency
11
bond projects.
12
(c)
Any fee established as provided by this subsection shall cease to be assessed
13
upon the retirement of the project bonds for which it services debt.
14
(d)
Prior to the issuance of any bonds, the Kentucky Community and Technical
15
College System shall certify in writing to the secretary of the Finance and
16
Administration Cabinet that sufficient funds have been raised to meet the
17
local match equivalent to twenty-five percent (25%) of the total project cost;
18
(9)
Devise, establish, and periodically review and revise policies to be used in making
19
recommendations
to
the
Governor
for
consideration
in
developing
20
recommendations to the General Assembly for appropriations to the universities,
21
the Kentucky Community and Technical College System, and to support strategies
22
for persons to maintain necessary levels of literacy throughout their lifetimes. The
23
council has sole discretion, with advice of the Strategic Committee on
24
Postsecondary Education and the executive officers of the postsecondary education
25
system, to devise policies that provide for allocation of funds among the
26
universities and the Kentucky Community and Technical College System;
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(10) Lead and provide staff support for the biennial budget process as provided under
1
KRS Chapter 48, in cooperation with the committee;
2
(11) (a)
Except as provided in paragraph (b) of this subsection, review and approve all
3
capital construction projects covered by KRS 45.750(1)(f), including real
4
property acquisitions, and regardless of the source of funding for projects or
5
acquisitions. Approval of capital projects and real property acquisitions shall
6
be on a basis consistent with the strategic agenda and the mission of the
7
respective universities and the Kentucky Community and Technical College
8
System.
9
(b)
The organized groups that are establishing community college satellites as
10
branches of existing community colleges in the counties of Laurel, Leslie, and
11
Muhlenberg, and that have substantially obtained cash, pledges, real property,
12
or other commitments to build the satellite at no cost to the Commonwealth,
13
other than operating costs that shall be paid as part of the operating budget of
14
the main community college of which the satellite is a branch, are authorized
15
to begin construction of the satellite on or after January 1, 1998;
16
(12) Require reports from the executive officer of each institution it deems necessary for
17
the effectual performance of its duties;
18
(13) Ensure that the state postsecondary system does not unnecessarily duplicate
19
services and programs provided by private postsecondary institutions and shall
20
promote maximum cooperation between the state postsecondary system and private
21
postsecondary institutions. Receive and consider an annual report prepared by the
22
Association of Independent Kentucky Colleges and Universities stating the
23
condition of independent institutions, listing opportunities for more collaboration
24
between the state and independent institutions and other information as appropriate;
25
(14) Establish course credit, transfer, and degree components as required in KRS
26
164.2951;
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(15) (a)
Define and approve the offering of all postsecondary education technical,
1
associate, baccalaureate, graduate, and professional degree, certificate, or
2
diploma programs in the public postsecondary education institutions. The
3
council shall not approve a new degree, certificate, or diploma program that
4
includes a requirement for a course or training dedicated to the promotion
5
or justification of a discriminatory concept or diversity, equity, and
6
inclusion initiative as defined in Section 1 of this Act; and
7
(b)
The council shall expedite wherever possible the approval of requests from
8
the Kentucky Community and Technical College System board of regents
9
relating to new certificate, diploma, technical, or associate degree programs of
10
a vocational-technical and occupational nature. Without the consent of the
11
General Assembly, the council shall not abolish or limit the total enrollment
12
of the general program offered at any community college to meet the goal of
13
reasonable access throughout the Commonwealth to a two (2) year course of
14
general studies designed for transfer to a baccalaureate program. This does not
15
restrict or limit the authority of the council, as set forth in this section, to
16
eliminate or make changes in individual programs within that general
17
program;
18
(16) Eliminate, in its discretion, existing programs or make any changes in existing
19
academic programs at the state's postsecondary educational institutions, taking into
20
consideration these criteria:
21
(a)
Consistency with the institution's mission and the strategic agenda;
22
(b)
Alignment with the priorities in the strategic implementation plan for
23
achieving the strategic agenda;
24
(c)
Elimination of unnecessary duplication of programs within and among
25
institutions;[ and]
26
(d)
Efforts to create cooperative programs with other institutions through
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traditional means, or by use of distance learning technology and electronic
1
resources, to achieve effective and efficient program delivery; and
2
(e)
Alignment with Section 2 of this Act, including the elimination of any
3
program that includes a requirement for a course or training dedicated to
4
the promotion or justification of a discriminatory concept as defined in
5
Section 1 of this Act;
6
(17) Ensure the governing board and faculty of all postsecondary education institutions
7
are committed to providing instruction free of discrimination against students who
8
hold political views and opinions contrary to those of the governing board and
9
faculty;
10
(18) Review proposals and make recommendations to the Governor regarding the
11
establishment of new public community colleges, technical institutions, and new
12
four (4) year colleges;
13
(19) [Postpone the approval of any new program at a state postsecondary educational
14
institution, unless the institution has met its equal educational opportunity goals, as
15
established by the council. In accordance with administrative regulations
16
promulgated by the council, those institutions not meeting the goals shall be able to
17
obtain a temporary waiver, if the institution has made substantial progress toward
18
meeting its equal educational opportunity goals;
19
(20) ]Ensure the coordination, transferability, and connectivity of technology among
20
postsecondary institutions in the Commonwealth including the development and
21
implementation of a technology plan as a component of the strategic agenda;
22
(20)[(21)] Approve the teacher education programs in the public institutions that comply
23
with standards established by the Education Professional Standards Board pursuant
24
to KRS 161.028;
25
(21)[(22)] Constitute the representative agency of the Commonwealth in all matters of
26
postsecondary education of a general and statewide nature which are not otherwise
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delegated to one (1) or more institutions of postsecondary learning. The
1
responsibility may be exercised through appropriate contractual relationships with
2
individuals or agencies located within or without the Commonwealth. The authority
3
includes but is not limited to contractual arrangements for programs of research,
4
specialized training, and cultural enrichment;
5
(22)[(23)] Maintain procedures for the approval of a designated receiver to provide for
6
the maintenance of student records of the public institutions of higher education and
7
the colleges as defined in KRS 164.945, and institutions operating pursuant to KRS
8
165A.310 which offer collegiate level courses for academic credit, which cease to
9
operate. Procedures shall include assurances that, upon proper request, subject to
10
federal and state laws and regulations, copies of student records shall be made
11
available within a reasonable length of time for a minimum fee;
12
(23)[(24)] Monitor and transmit a report on compliance with KRS 164.351 to the
13
director of the Legislative Research Commission for distribution to the Interim
14
Joint Committee on Families and Children;
15
(24)[(25)] (a)
Develop in cooperation with each public university and the Kentucky
16
Community and Technical College System a comprehensive orientation and
17
education program for new members of the council and the governing boards
18
and continuing education opportunities for all council and board members.
19
For new members of the council and institutional governing boards, the
20
council shall:
21
1.
Ensure that the orientation and education program comprises six (6)
22
hours of instruction time and includes but is not limited to information
23
concerning the roles of the council and governing board members, the
24
strategic agenda and the strategic implementation plan, and the
25
respective institution's mission, budget and finances, strategic plans and
26
priorities, institutional policies and procedures, board fiduciary
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responsibilities, legal considerations including open records and open
1
meetings requirements, ethical considerations arising from board
2
membership, and the board member removal and replacement
3
provisions of KRS 63.080;
4
2.
Establish delivery methods by which the orientation and education
5
program can be completed in person or electronically by new members
6
within one (1) year of their appointment or election;
7
3.
Provide an annual report to the Governor and Legislative Research
8
Commission of those new board members who do not complete the
9
required orientation and education program; and
10
4.
Invite governing board members of private colleges and universities
11
licensed by the Council on Postsecondary Education to participate in the
12
orientation and education program described in this subsection;
13
(b)
Offer, in cooperation with the public universities and the Kentucky
14
Community
and
Technical
College
System,
continuing
education
15
opportunities for all council and governing board members; and
16
(c)
Review and approve the orientation programs of each public university and
17
the Kentucky Community and Technical College System for their governing
18
board members to ensure that all programs and information adhere to this
19
subsection;
20
(25)[(26)] Develop a financial reporting procedure to be used by all state postsecondary
21
education institutions to ensure uniformity of financial information available to
22
state agencies and the public;
23
(26)[(27)] Select and appoint a president of the council under KRS 164.013;
24
(27)[(28)] Employ consultants and other persons and employees as may be required for
25
the council's operations, functions, and responsibilities;
26
(28)[(29)] Promulgate administrative regulations, in accordance with KRS Chapter 13A,
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governing its powers, duties, and responsibilities as described in this section;
1
(29)[(30)] Prepare and present by January 31 of each year an annual status report on
2
postsecondary education in the Commonwealth to the Governor, the Strategic
3
Committee on Postsecondary Education, and the Legislative Research Commission;
4
(30)[(31)] Consider the role, function, and capacity of independent institutions of
5
postsecondary education in developing policies to meet the immediate and future
6
needs of the state. When it is found that independent institutions can meet state
7
needs effectively, state resources may be used to contract with or otherwise assist
8
independent institutions in meeting these needs;
9
(31)[(32)] Create advisory groups representing the presidents, faculty, nonteaching staff,
10
and students of the public postsecondary education system and the independent
11
colleges and universities;
12
(32)[(33)] Develop a statewide policy to promote employee and faculty development in
13
state and locally operated secondary area technology centers through the waiver of
14
tuition for college credit coursework in the public postsecondary education system.
15
Any regular full-time employee of a state or locally operated secondary area
16
technology center may, with prior administrative approval of the course offering
17
institution, take a maximum of six (6) credit hours per term at any public
18
postsecondary institution. The institution shall waive the tuition up to a maximum
19
of six (6) credit hours per term. The employee shall complete the Free Application
20
for Federal Student Aid to determine the level of need and eligibility for state and
21
federal financial aid programs. The amount of tuition waived shall not exceed the
22
cost of tuition at the institution less any state or federal grants received, which shall
23
be credited first to the student's tuition;
24
(33)[(34)] Participate with the Kentucky Department of Education, the Kentucky Board
25
of Education, and postsecondary education institutions to ensure that academic
26
content requirements for successful entry into postsecondary education programs
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are aligned with high school content standards and that students who master the
1
high school academic content standards shall not need remedial courses. The
2
council shall monitor the results on an ongoing basis;
3
(34)[(35)] Cooperate with the Kentucky Department of Education and the Education
4
Professional Standards Board in providing information sessions to selected
5
postsecondary education content faculty and teacher educators of the high school
6
academic content standards as required under KRS 158.6453(2)(l);
7
(35)[(36)] Cooperate with the Office of the Kentucky Center for Statistics and ensure the
8
participation of the public institutions as required in KRS 151B.133;
9
(36)[(37)] Pursuant to KRS 63.080, review written notices from the Governor or from a
10
board of trustees or board of regents concerning removal of a board member or the
11
entire appointed membership of a board, investigate the member or board and the
12
conduct alleged to support removal, and make written recommendations to the
13
Governor and the Legislative Research Commission as to whether the member or
14
board should be removed; and
15
(37)[(38)] Exercise any other powers, duties, and responsibilities necessary to carry out
16
the purposes of this chapter. Nothing in this chapter shall be construed to grant the
17
Council on Postsecondary Education authority to disestablish or eliminate any
18
college of law which became a part of the state system of higher education through
19
merger with a state college.
20
Section 10. KRS 164.011 is amended to read as follows:
21
(1)
There is hereby created and established a Council on Postsecondary Education in
22
Kentucky as an agency, instrumentality, and political subdivision of the
23
Commonwealth and a public body corporate and politic having all powers, duties,
24
and responsibilities as are provided to it by law, appointed for a term set by law
25
pursuant to Section 23 of the Constitution of Kentucky. The council shall be
26
composed of the commissioner of education, a faculty member, a student member,
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and thirteen (13) citizen members appointed by the Governor. The citizen members
1
shall be confirmed by the Senate under KRS 11.160, and the commissioner of
2
education shall serve as a nonvoting ex officio member. Citizen council members
3
shall be selected from a list of nominees provided to the Governor under the
4
nominating process set forth in KRS 164.005. If the General Assembly is not in
5
session at the time of the appointment, persons appointed shall serve prior to
6
confirmation, but the Governor shall seek the consent of the Senate at the next
7
regular session or at an intervening extraordinary session if the matter is included in
8
the call of the General Assembly.
9
(2)
By no later than thirty (30) days after May 30, 1997, the Governor's Postsecondary
10
Education Nominating Committee shall submit nominations to the Governor as set
11
forth in KRS 164.005. On making appointments to the council, the Governor shall
12
ensure broad geographical and political representation; ensure equal representation
13
of the two (2) sexes, inasmuch as possible; ensure no less than proportional
14
representation of the two (2) leading political parties of the Commonwealth based
15
on the state's voter registration and the political affiliation of each appointee as of
16
December 31 of the year preceding the date of his or her appointment; and ensure
17
that appointments reflect the minority racial composition of the Commonwealth
18
based on the total minority racial population using the most recent census or
19
estimate data from the United States Census Bureau. If the determination of
20
proportional minority representation does not result in a whole number of minority
21
members, it shall be rounded up to the next whole number. A particular political
22
affiliation shall not be a prerequisite to appointment to the council generally;
23
however, if any person is appointed to the council that does not represent either of
24
the two (2) leading political parties of the Commonwealth, the proportional
25
representation by political affiliation requirement shall be determined and satisfied
26
based on the total number of members on the council less any members not
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affiliated with either of the two (2) leading political parties. In filling vacancies to
1
the council, the Governor shall act so as to provide, inasmuch as possible, equal
2
representation of the two (2) sexes by appointing a member of the sex that is the
3
lesser represented at the time of the appointment. If the remaining membership
4
already has an equal number of males and females, the Governor may appoint a
5
member of either sex. No more than two (2) members of the council shall hold an
6
undergraduate degree from any one (1) Kentucky university, and no more than
7
three (3) voting members of the council shall reside in any one (1) judicial district
8
of the Kentucky Supreme Court as of the date of the appointment. However, change
9
in residency after the date of appointment shall not affect the ability to serve.
10
(3)
One (1) member shall be a full-time faculty member employed at a state institution
11
of postsecondary education. The faculty member shall be appointed to a four (4)
12
year term by the Governor from a list of three (3) nominees selected and submitted
13
by majority vote of the ten (10) faculty members who serve as faculty
14
representatives of the boards of trustees and boards of regents of the nine (9)
15
postsecondary education institutions.
16
(4)
One (1) member shall be enrolled as a full-time student at a state institution of
17
postsecondary education and shall be selected annually in the following manner:
18
not later than June 1 of each year the eight (8) student body presidents of the four
19
(4) year state public institutions of higher education, the two (2) student members to
20
the Kentucky Community and Technical College System, and one (1) student body
21
president representing the members of the Association of Independent Kentucky
22
Colleges and Universities shall elect by majority vote three (3) nominees to submit
23
to the Governor. From this list of nominees, the Governor shall appoint a student
24
member.
25
(5)
In filling any vacancies, the Governor shall ensure the continuing representation
26
upon the council of the broad constituencies as set forth in subsection (2) of this
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section. Vacancies on the council shall be filled for the unexpired term in
1
accordance with the procedures established for the original appointments.
2
(6)
Each citizen member shall serve a term of six (6) years unless removed by the
3
Governor for cause, except the initial appointments shall be as follows:
4
(a)
Two (2) appointments shall expire December 31, 1997;
5
(b)
Three (3) appointments shall expire December 31, 1998;
6
(c)
Two (2) appointments shall expire December 31, 1999;
7
(d)
Two (2) appointments shall expire December 31, 2000;
8
(e)
Two (2) appointments shall expire December 31, 2001; and
9
(f)
Two (2) appointments shall expire December 31, 2002.
10
(7)
Any person, other than the chief state school officer, holding either an elective or
11
appointive state office or who is a member of the governing board of any state
12
university in Kentucky, shall be ineligible for membership or appointment on the
13
council during his term.
14
(8)
The members of the council shall elect the chair and the vice chair of the council
15
from among the council's membership, and the chair and vice chair shall serve at
16
the pleasure of the council. The vice chair shall serve as chair in the absence of the
17
chair.
18
(9)
The council shall meet at least quarterly and at other times upon the call of the chair
19
or a majority of the council.
20
(10) A quorum shall be a majority of the appointive membership of the council.
21
(11) A quorum shall be required to organize and conduct the business of the council,
22
except that an affirmative vote of eight (8) or more appointive members of the
23
entire council shall be required to dismiss from employment the president of the
24
council, and to adopt or amend the state strategic postsecondary education agenda.
25
(12) New appointees to the council shall not serve more than two (2) consecutive terms.
26
(13) New appointees to the council shall complete an orientation and education program
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set forth in KRS 164.02024[(25)] to be eligible for appointment to a second term.
1
Section 11. KRS 164.131 is amended to read as follows:
2
(1)
(a)
The government of the University of Kentucky is vested in a board of trustees
3
appointed for a term set by law pursuant to Section 23 of the Constitution of
4
Kentucky.
5
(b)
All appointed and elected persons shall be required to attend and complete an
6
orientation and education program prescribed by the council under KRS
7
164.02024[(25)], as a condition of their service and eligibility for appointment
8
or election to a second term.
9
(c)
The board shall periodically evaluate the institution's progress in
10
implementing its missions, goals, and objectives to conform to the strategic
11
agenda. Officers and officials shall be held accountable for the status of the
12
institution's progress.
13
(d)
Board members may be removed by the Governor under the following
14
circumstances:
15
1.
For cause, pursuant to KRS 63.080(2); or
16
2.
Pursuant to KRS 63.080(3) or (4).
17
(e)
The board shall consist of sixteen (16) members appointed by the Governor,
18
two (2) members of the faculty of the University of Kentucky, one (1)
19
member of the University of Kentucky nonteaching personnel, and one (1)
20
member of the student body of the University of Kentucky. The members
21
appointed by the Governor shall be subject to confirmation by the Senate. The
22
voting members of the board shall select a chairperson annually.
23
(2)
(a)
The terms of the appointed members shall be for six (6) years and until their
24
successors are appointed and qualified, unless a member is removed by the
25
Governor pursuant to KRS 63.080(2), (3), or (4), except the initial
26
appointments shall be as follows:
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1.
Two (2) members shall serve one (1) year terms;
1
2.
Two (2) members shall serve two (2) year terms, one (1) of whom shall
2
be a graduate of the university, selected from a list of three (3) names
3
submitted by the alumni of the university according to rules established
4
by the board of trustees;
5
3.
Three (3) members shall serve three (3) year terms;
6
4.
Three (3) members shall serve four (4) year terms, one (1) of whom
7
shall be a graduate of the university, selected as under subparagraph 2.
8
of this subsection;
9
5.
Three (3) members shall serve five (5) year terms; and
10
6.
Three (3) members shall serve six (6) year terms, one (1) of whom shall
11
be a graduate of the university, selected as under subparagraph 2. of this
12
subsection.
13
(b)
1.
Three (3) of the appointments shall be graduates of the university and
14
may include one (1) graduate of the institution who resides outside the
15
Commonwealth;
16
2.
Three (3) shall be representative of agricultural interests; and
17
3.
Ten (10) shall be other distinguished citizens representative of the
18
learned professions and may include one (1) who resides outside of
19
Kentucky.
20
(c)
The Governor shall make the appointments so as to reflect proportional
21
representation of the two (2) leading political parties of the Commonwealth
22
based on the state's voter registration and the political affiliation of each
23
appointee as of December 31 of the year preceding the date of his or her
24
appointment, and to reflect no less than proportional representation of the
25
minority racial composition of the Commonwealth based on the total minority
26
racial population using the most recent census or estimate data from the
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United States Census Bureau. If the determination of proportional minority
1
representation does not result in a whole number of minority members, it shall
2
be rounded up to the next whole number. A particular political affiliation shall
3
not be a prerequisite to appointment to the board generally; however, if any
4
person is appointed to the board that does not represent either of the two (2)
5
leading political parties of the Commonwealth, the proportional representation
6
by political affiliation requirement shall be determined and satisfied based on
7
the total number of members on the board less any members not affiliated
8
with either of the two (2) leading political parties.
9
(d)
Appointments to fill vacancies shall be made for the unexpired term in the
10
same manner as provided for the original appointments.
11
(3)
The two (2) University of Kentucky faculty members shall be of the rank of
12
assistant professor or above. They shall be elected by secret ballot by all University
13
of Kentucky faculty members of the rank of assistant professor or above. Faculty
14
members shall serve for terms of three (3) years and until their successors are
15
elected and qualified. Faculty members shall be eligible for reelection, but they
16
shall be ineligible to continue to serve as members of the board of trustees if they
17
cease to be members of the faculty of the university. Elections to fill vacancies shall
18
be for the unexpired term in the same manner as provided for original elections.
19
(4)
The nonteaching personnel member shall be any full-time staff member, excluding
20
the president, vice-presidents, academic deans, and academic department
21
chairpersons. The staff member shall represent all nonteaching university
22
employees, including but not limited to building facilities and clerical personnel.
23
The staff member shall be elected by secret ballot by the nonteaching employees.
24
The staff member shall serve a term of three (3) years and until a successor is
25
elected and qualified. The staff member shall be eligible for reelection, but a staff
26
member who ceases being an employee of the university shall not be eligible to
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continue to serve as a member of the board. Elections to fill vacancies shall be for
1
the unexpired term and shall be held in the same manner as provided for the
2
original election.
3
(5)
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 following 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 student
8
member shall serve for the remainder of the unexpired term.
9
(6)
The number of student and employee trustees of the University of Kentucky elected
10
to the board shall not exceed four (4).
11
(7)
Unless specifically approved by the board of trustees under the provisions of KRS
12
164.367, no member of the administrative staff of the university shall be directly or
13
indirectly interested in any contract with the university for the sale of property,
14
materials, supplies, equipment, or services, with exception of compensation to the
15
two (2) faculty members, and the one (1) nonteaching personnel member.
16
(8)
New appointees of the board shall not serve more than two (2) consecutive terms.
17
(9)
The inability of the board to hold regular meetings, to elect a chairperson annually,
18
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an
19
annual evaluation of the president of the university, or to carry out its primary
20
function to periodically evaluate the institution's progress in implementing its
21
mission, goals, and objectives to conform to the strategic agenda shall be cause for
22
the Governor to remove all appointed members of the board and replace the entire
23
appointed membership pursuant to KRS 63.080(4).
24
Section 12. KRS 164.321 is amended to read as follows:
25
(1)
Eastern Kentucky University, Morehead State University, Murray State University,
26
Western Kentucky University, Kentucky State University, Northern Kentucky
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University, and the Kentucky Community and Technical College System shall each
1
be governed by a board of regents appointed for a term set by law pursuant to
2
Section 23 of the Constitution of Kentucky.
3
(a)
Each board of the comprehensive universities shall consist of eight (8)
4
members appointed by the Governor, one (1) member of the teaching faculty,
5
one (1) member of the university nonteaching personnel, and one (1) member
6
of the student body of the respective university or college. The members
7
appointed by the Governor shall be subject to confirmation by the Senate. The
8
members of the board shall select a chairperson annually.
9
(b)
The board of the Kentucky Community and Technical College System shall
10
consist of eight (8) members appointed by the Governor, two (2) members of
11
the teaching faculty, two (2) members of the nonteaching personnel, and two
12
(2) members of the student body. The members appointed by the Governor
13
shall be subject to confirmation by the Senate.
14
1.
No more than three (3) appointed members of the board shall reside in
15
any one (1) judicial district of the Kentucky Supreme Court as of the
16
date of the appointment.
17
2.
A change in residency of a gubernatorial appointee after the date of
18
appointment shall not affect the appointee's ability to serve or eligibility
19
for reappointment, except an appointee who assumes residency outside
20
the fifty (50) United States shall become immediately ineligible to serve.
21
The Council on Postsecondary Education shall notify the appointee of
22
his or her ineligibility to serve.
23
3.
In making initial appointments, the Governor shall act so as to provide
24
equal representation of the two (2) sexes. In filling vacancies, the
25
Governor shall act so as to provide, inasmuch as possible, equal
26
representation of the two (2) sexes by appointing a member of the sex
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that is the lesser represented at the time of the appointment. If the
1
remaining membership already has an equal number of males and
2
females, the Governor may appoint a member of either sex.
3
(2)
The terms of appointed members shall be for six (6) years and until their successors
4
are appointed and qualified, unless a member is removed by the Governor pursuant
5
to KRS 63.080(2), (3), or (4), except the initial appointments to the board of regents
6
for the Kentucky Community and Technical College System shall be as follows:
7
(a)
One (1) member shall serve a one (1) year term;
8
(b)
One (1) member shall serve a two (2) year term;
9
(c)
Two (2) members shall serve three (3) year terms;
10
(d)
One (1) member shall serve a four (4) year term;
11
(e)
One (1) member shall serve a five (5) year term; and
12
(f)
Two (2) members shall serve six (6) year terms.
13
New appointees of a board of regents shall not serve for more than two (2)
14
consecutive terms.
15
(3)
The gubernatorial appointments may include one (1) graduate of the respective
16
institution who resides outside the Commonwealth. Not more than two (2)
17
appointed members of any board shall be residents of one (1) county. The
18
appointments shall reflect the proportional representation of the two (2) leading
19
political parties of the Commonwealth based on the state's voter registration and the
20
political affiliation of each appointee as of December 31 of the year preceding the
21
date of his or her appointment. A particular political affiliation shall not be a
22
prerequisite to appointment to any board generally; however, if any person is
23
appointed to a board that does not represent either of the two (2) leading political
24
parties of the Commonwealth, the proportional representation by political affiliation
25
requirement shall be determined and satisfied based on the total number of
26
members on the board less any members not affiliated with either of the two (2)
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leading political parties. Membership on the board shall reflect no less than
1
proportional
representation of the minority racial composition
of the
2
Commonwealth based on the total minority racial population using the most recent
3
census or estimate data from the United States Census Bureau. If the determination
4
of proportional minority representation does not result in a whole number of
5
minority members, it shall be rounded up to the next whole number. Membership
6
on the board shall not be incompatible with any state office. A change in residency
7
after the date of appointment shall not affect a member's ability to serve nor shall it
8
prevent a member's eligibility for reappointment, except a member who assumes
9
residency outside the fifty (50) United States shall become immediately ineligible
10
to serve. The Council on Postsecondary Education shall notify the appointee of his
11
or her ineligibility to serve.
12
(4)
Appointments to fill vacancies shall be made in the same manner and within the
13
same time after the occurrence of the vacancy as regular appointments. The person
14
appointed shall hold the position for the unexpired term only.
15
(5)
Each member of the board shall serve for the term for which the member is
16
appointed and until a successor is appointed and qualified, unless a member is
17
removed by the Governor pursuant to KRS 63.080(2), (3), or (4).
18
(6)
(a)
The faculty member of a comprehensive university shall be a teaching or
19
research member of the faculty of his or her respective university of the rank
20
of assistant professor or above. The faculty member shall be elected by secret
21
ballot by all faculty members of his or her university of the rank of instructor,
22
assistant professor, or above. The faculty member shall serve for a term of
23
three (3) years and until his successor is elected and qualified. The faculty
24
member shall be eligible for reelection, but he or she shall not be eligible to
25
continue to serve as a member of the board if he or she ceases being a member
26
of the teaching staff of the university. Elections to fill vacancies shall be for
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the unexpired term in the same manner as provided for the original election.
1
(b)
The faculty members of the Kentucky Community and Technical College
2
System shall be represented by one (1) faculty member elected from the
3
community colleges and one (1) faculty member elected from the technical
4
institutions to serve three (3) year terms and until their successors are named.
5
The faculty representative of each branch shall be elected by means of a
6
process established by the board. The faculty members may be reelected but
7
shall not serve more than two (2) consecutive terms. A faculty member shall
8
be ineligible to continue to serve as a member of the board if he or she ceases
9
to be a member of the faculty at one (1) of the institutions within the system.
10
Elections to fill vacancies shall be for the unexpired term in the same manner
11
as provided for the original election. These two (2) members shall collectively
12
have one (1) vote which may be cast one-half (1/2) vote by each member.
13
(7)
(a)
The nonteaching personnel member in a comprehensive university shall be
14
any full-time staff member excluding the president, vice presidents, academic
15
deans, and academic department chairpersons. He or she shall represent all
16
nonteaching university employees including, but not limited to, building
17
facilities and clerical personnel. The member shall be elected by secret ballot
18
by the nonteaching employees. The nonteaching personnel member shall
19
serve a term of three (3) years and until a successor is elected and qualified.
20
The nonteaching personnel member shall be eligible for reelection, but he or
21
she shall not be eligible to continue to serve as a member of the board if he or
22
she ceases being an employee of the university. Elections to fill vacancies
23
shall be for the unexpired term in the same manner as provided for the
24
original election.
25
(b)
The nonteaching personnel members in the Kentucky Community and
26
Technical College System shall be any full-time staff member excluding a
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president, chancellor, vice president, academic dean, academic department
1
chair, or other administrator. They shall represent all nonteaching employees
2
in their respective branch institutions including, but not limited to, support
3
and clerical personnel. One (1) member shall be a representative from the
4
community colleges and one (1) member shall be a representative from the
5
technical institutions. They shall serve three (3) year terms and until their
6
successors are named. These two (2) members shall collectively have one (1)
7
vote which may be cast one-half (1/2) vote by each member. The nonteaching
8
personnel members of each branch shall be elected by means of a process
9
established by the board. A nonteaching personnel member may be reelected
10
but shall not serve more than two (2) consecutive terms. A nonteaching
11
employee shall be ineligible to continue to serve as a member of the board if
12
that employee ceases to be a nonteaching employee at one (1) of the
13
institutions within the system. Elections to fill vacancies shall be for the
14
unexpired term in the same manner as provided for the original election.
15
(8)
(a)
The student member on a comprehensive university board shall serve a one
16
(1) year term beginning on July 1 after being elected and sworn in as student
17
body president and ending on the following June 30. If the student member
18
does not maintain the position as student body president or the status as a full-
19
time student at any time during that academic year, a special election shall be
20
held to select a full-time student member. The elected student member shall
21
serve for the remainder of the unexpired term.
22
(b)
Two (2) full-time student members shall be elected to the board of regents for
23
the Kentucky Community and Technical College System. One (1) shall
24
represent students of the community colleges and one (1) shall represent the
25
technical institutions. The student members shall be elected by means of a
26
process established by the board. The student members shall serve one (1)
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year terms beginning on July 1 after being elected and sworn in as a student
1
member of the board and ending on the following June 30. If the student
2
member does not maintain the status as a full-time student, a special election
3
shall be held to fill the vacancy for the remainder of the unexpired term. The
4
two (2) members shall collectively have one (1) vote which may be cast one-
5
half (1/2) vote by each member.
6
(9)
All appointed and elected persons shall be required to attend and complete an
7
orientation and education program prescribed by the council under KRS
8
164.020(24)[(25)], as a condition of their service and eligibility for appointment or
9
election to a second term.
10
(10) Board members may be removed by the Governor under the following
11
circumstances:
12
(a)
For cause, pursuant to KRS 63.080(2); or
13
(b)
Pursuant to KRS 63.080(3) or (4).
14
(11) The inability of the board or boards of the comprehensive universities or Kentucky
15
Community and Technical College System to hold quarterly meetings, to elect a
16
chairperson annually, to establish a quorum, to adopt an annual budget, to set
17
tuition rates, to conduct an annual evaluation of the president of the university or
18
system, to carry out its primary function to periodically evaluate the university's or
19
system's progress in implementing its mission, goals, and objectives to conform to
20
the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be
21
cause for the Governor to remove all appointed members of the board or boards and
22
replace the entire appointed membership pursuant to KRS 63.080(4).
23
Section 13. KRS 164.821 is amended to read as follows:
24
(1)
The government of the University of Louisville is vested in a board of trustees
25
appointed for a term set by law pursuant to Section 23 of the Constitution of
26
Kentucky. The board shall consist of ten (10) members appointed by the Governor,
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at least one (1) of whom shall be a graduate of the university; one (1) member of
1
the teaching faculty of the University of Louisville who shall be the chief executive
2
of the ranking unit of faculty government; one (1) member of the permanent staff of
3
the University of Louisville who shall be the chief executive of the staff senate; and
4
one (1) student member who shall be the president of the student body during the
5
appropriate academic year. The members appointed by the Governor shall be
6
subject to confirmation by the Senate.
7
(a)
All appointed and elected persons shall be required to attend and complete an
8
orientation and education program prescribed by the council under KRS
9
164.02024[(25)], as a condition of their service and eligibility for appointment
10
or election to a second term.
11
(b)
Board members may be removed by the Governor under the following
12
circumstances:
13
1.
For cause, pursuant to KRS 63.080(2); or
14
2.
Pursuant to KRS 63.080(3) or(4).
15
(c)
New appointees to the board shall not serve more than two (2) consecutive
16
terms.
17
(2)
The student member shall serve a one (1) year term beginning on July 1 after being
18
elected and sworn in as student body president and ending on the following June
19
30. If the student member does not maintain the position of student body president
20
or the status of a full-time student at any time during that academic year, a special
21
election shall be held to select a full-time student member. The elected student
22
member shall serve for the remainder of the unexpired term.
23
(3)
The faculty member and staff member shall serve one (1) year terms and cease to
24
be eligible for membership on the board of trustees upon termination of their
25
respective relationships with, or leadership positions within, the university, and
26
vacancies occurring for this reason shall be filled for the remainder of the respective
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terms in the same manner.
1
(4)
The gubernatorial appointments shall serve a term of six (6) years and until their
2
successors are appointed and qualified, unless a member is removed by the
3
Governor pursuant to KRS 63.080(2), (3), or (4), except the initial terms shall be as
4
follows:
5
(a)
Two (2) members shall serve one (1) year terms;
6
(b)
Two (2) members shall serve two (2) year terms;
7
(c)
Two (2) members shall serve three (3) year terms;
8
(d)
Two (2) members shall serve four (4) year terms;
9
(e)
One (1) member shall serve a five (5) year term; and
10
(f)
One (1) member shall serve a six (6) year term.
11
(5)
The Governor shall make his at-large appointments so as to divide the appointed
12
representation upon the board to reflect:
13
(a)
The proportional representation of the two (2) leading political parties in the
14
Commonwealth based on the state's voter registration and the political
15
affiliation of each appointee as of December 31 of the year preceding the date
16
of his or her appointment. A particular political affiliation shall not be a
17
prerequisite to appointment to the board generally; however, if any person is
18
appointed to the board that does not represent either of the two (2) leading
19
political parties of the Commonwealth, the proportional representation by
20
political affiliation requirement shall be determined and satisfied based on the
21
total number of members on the board less any members not affiliated with
22
either of the two (2) leading political parties; and
23
(b)
No less than the proportional representation of the minority racial composition
24
of the Commonwealth based on the total minority racial population using the
25
most recent census or estimate data from the United States Census Bureau. If
26
the determination of proportional minority representation does not result in a
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whole number of minority members, it shall be rounded up to the next whole
1
number.
2
(6)
Vacancies among the appointed members of the board occurring by death,
3
resignation, or any other cause, other than expiration of a term, shall be filled by
4
appointments made by the Governor for the remainder of the unexpired term,
5
subject to the qualifications set forth in this section.
6
(7)
Unless specifically approved by the board of trustees under the provisions of KRS
7
164.367, no member of the teaching or administrative staff of the university shall be
8
directly or indirectly interested in any contract with the university for the sale of
9
property, materials, supplies, equipment, or services, with the exception of
10
compensation to the faculty, staff, and student members.
11
(8)
The inability of the board to hold regular meetings, to elect a chairperson annually,
12
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an
13
annual evaluation of the president of the university, to carry out its primary function
14
to periodically evaluate the institution's progress in implementing its mission, goals,
15
and objectives to conform to the strategic agenda, or to otherwise perform its duties
16
under KRS 164.830 shall be cause for the Governor to remove all appointed
17
members of the board and replace the entire appointed membership pursuant to
18
KRS 63.080(4).
19
Section 14. (1)
Contrary provisions of any section of the Kentucky Revised
20
Statutes notwithstanding, 13 KAR 002:060, Degree program approval; equal opportunity
21
goals, shall be null, void, and unenforceable as of the effective date of this Act.
22
(2)
Contrary provisions of any section of the Kentucky Revised Statutes
23
notwithstanding, the council shall be prohibited from promulgating an administrative
24
regulation that is identical to, or substantially the same as, 13 KAR 002:060, Degree
25
program approval; equal opportunity goals.
26
Section 15. (1)
No later than June 30, 2025, every public postsecondary
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education institution in the Commonwealth shall ensure compliance with the
1
requirements of this Act applicable to institutions and:
2
(a)
Eliminate any and all diversity, equity, and inclusion initiatives, including but
3
not limited to any scholarship criteria, living-learning programs, student services,
4
community services, or other initiative designed to promote a discriminatory concept or
5
to provide differential treatment or benefits to an individual on the basis of race, sex,
6
color, or national origin;
7
(b)
Eliminate all diversity, equity, and inclusion trainings;
8
(c)
Eliminate all diversity, equity, and inclusion offices; and
9
(d)
Terminate all diversity, equity, and inclusion officer positions.
10
(2)
The Attorney General may bring a civil action for a writ of mandamus to
11
compel a public postsecondary education institution to comply with this section.
12
Section 16. (1)
No later than June 30, 2025, the Council on Postsecondary
13
Education shall ensure compliance with the requirements of this Act applicable to the
14
council and:
15
1.
Eliminate all diversity, equity, and inclusion initiatives;
16
2.
Eliminate all diversity, equity, and inclusion trainings;
17
3.
Eliminate all diversity, equity, and inclusion offices; and
18
4.
Terminate all diversity, equity, and inclusion officer positions.
19
(2)
The Attorney General may bring a civil action for a writ of mandamus to
20
compel the council to comply with this section.
21
Section 17. (1)
No later than August 30, 2025, each president of a public
22
postsecondary education institution shall submit a report to the Legislative Research
23
Commission, for referral to the appropriate Interim Joint Committee on Education, and
24
the Attorney General containing:
25
(a)
A detailed description of the institution’s compliance with each provision of
26
this Act applicable to institutions that certifies the status of the institution's compliance
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with each provision, the steps taken by the institution to achieve compliance with each
1
provision, and the guardrails put in place to ensure future compliance with each
2
provision;
3
(b)
If the president cannot certify the institution's full compliance with any
4
provision of this Act which is applicable to institutions, the president shall provide a
5
detailed and clear description of any obstacles to achieving or certifying compliance with
6
that provision, the measures that the president and institution are enacting to overcome
7
those obstacles, and the estimated completion date of each measure;
8
(c)
A detailed description of the institution’s strategy for attracting and retaining
9
faculty members with diverse perspectives and points of view; and
10
(d)
A description of the institution’s strategy for fostering a campus environment
11
where the free exchange of ideas is a prized value and where ideas can be freely
12
discussed and debated in accordance with First Amendment principles and without
13
intimidation.
14
(2)
The report required by this section shall be published to a prominent, publicly
15
accessible page on the institution's website for a period of no less than one year. The
16
report shall not be combined with any other report when submitted or published by the
17
institution.
18
(3)
The Attorney General may bring a civil action for a writ of mandamus to
19
compel a public postsecondary education institution to comply with this section.
20
Section 18. (1)
No later than August 30, 2025, the president of the Council
21
on Postsecondary Education shall submit a report to the Legislative Research
22
Commission, for referral to the appropriate Interim Joint Committee on Education, and
23
the Attorney General containing:
24
(a)
A detailed description of the council’s compliance with each provision of this
25
Act applicable to the council that certifies the status of the council's compliance with
26
each provision, the steps taken by the council to achieve compliance with each provision,
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and the guardrails put in place to ensure future compliance with each provision;
1
(b)
If the president cannot certify the council's compliance with any provision of
2
this Act which is applicable to the council, a detailed and clear description of any
3
obstacles to achieving or certifying compliance with that provision, the measures that the
4
president and council are enacting to overcome those obstacles, and the estimated
5
completion date of each measure;
6
(c)
A detailed description of the council’s strategy for attracting and retaining
7
faculty members with diverse perspectives and points of view to Kentucky's
8
postsecondary institutions; and
9
(d)
A detailed description of the council’s strategy for fostering a postsecondary
10
education system where the free exchange of ideas is a prized value and ideas can be
11
freely discussed and debated in accordance with First Amendment principles and without
12
intimidation.
13
(2)
The report required by this section shall be published to a prominent, publicly
14
accessible page on the council's website for a period of no less than one year. The report
15
shall not be combined with any other report when submitted or published by the
16
institution.
17
(3)
The Attorney General may bring a civil action for a writ of mandamus to
18
compel the Council on Postsecondary Education to comply with this section.
19
As enrolled or final
82,575 characters
CHAPTER 120
Legislative Research Commission PDF Version
1
CHAPTER 120
( HB 4 )
AN ACT relating to initiatives regarding diversity, equity, and inclusion.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 6 of this Act:
(1)
"Affiliated organization" means an entity whose primary purpose includes supporting or benefitting an
institution or an officer, director, or employee of an institution;
(2)
"Bias incident" means noncriminal conduct that is alleged to constitute an act or statement against a
particular group or individual because of the group's or individual's religion, race, sex, color, or national
origin, or perceived religion, race, sex, color, or national origin;
(3)
"Binding contract" means any grant, endowment, settlement agreement, commercial contract, or other
legally enforceable agreement entered into by or on behalf of an institution;
(4)
"Council" means the Council on Postsecondary Education;
(5)
"Differential treatment or benefits" means differential, preferential, or prejudicial treatment or
consideration and includes the conferring or withholding of a benefit;
(6)
"Discriminatory concept" means a concept that justifies or promotes differential treatment or benefits
conferred to individuals on the basis of religion, race, sex, color, or national origin, unless the differential
treatment or benefit is:
(a)
Excluded from a diversity, equity, and inclusion initiative under an exclusion set forth in subsection
(7)(b) of this section; or
(b)
Established or required by law, including but not limited to differential treatment or benefits on the
basis of citizenship status;
(7)
"Diversity, equity, and inclusion initiative":
(a)
Means a policy, practice, or procedure designed or implemented to promote or provide differential
treatment or benefits to individuals on the basis of religion, race, sex, color, or national origin,
including but not limited to any such policy, practice, or procedure related to employment, employee
recruitment, employee hiring, employee promotion, contracts, contract renewal, student recruitment,
student admission, student housing, financial assistance, and scholarship awards; and
(b)
Does not include:
1.
A policy, practice, procedure, office, employee, training, program, or activity that is required
pursuant to:
a.
The Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended;
b.
The Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as
amended;
c.
The Federal Age Discrimination in Employment Act of 1967, 29 U.S.C. sec. 621 et seq.,
as amended;
d.
The federal Civil Rights Act of 1964, Pub. L. No. 88-352, as amended;
e.
Title IX of the Education Amendments of 1972, 20 U.S.C. sec. 1681 et seq.;
f.
The Religious Freedom Restoration Act of 1993, 42 U.S.C. 21B sec. 2000bb et seq.;
g.
The Kentucky Religious Freedom Restoration Act, KRS 446.350;
h.
Any other applicable federal or state law;
i.
A court order; or
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j.
A binding contract entered into prior to the effective date of this Act;
2.
A bona fide qualification or accommodation based on sex that is historically maintained in the
usual course of operating an institution, including but not limited to:
a.
Sex-based athletic eligibility restrictions;
b.
Sex-based fraternal organization membership restrictions;
c.
Sex-based restrictions required to establish or maintain separate living facilities for
members of a single biological sex; or
d.
Bona fide occupational qualifications reasonably necessary to the normal operation of
the institution;
3.
A bona fide accommodation based on religion that is required under any applicable federal or
state law;
4.
Differential treatment or benefits necessary to provide medical treatment or information; or
5.
Services and programming of resource centers, provided that the participation of each student,
faculty member, staff member, and volunteer in each resource center program is optional, not
mandatory, and that access to center services is not restricted on the basis of religion, race,
sex, color, or national origin;
(8)
"Diversity, equity, and inclusion office" means a nonacademic office, division, or other unit of an
institution that is:
(a)
Responsible for developing, implementing, or promoting a discriminatory concept, a diversity, equity,
and inclusion training, or a diversity, equity, and inclusion initiative, regardless of whether the office
is designated by the institution as a diversity, equity, and inclusion office; and
(b)
Not expressly required pursuant to applicable federal or state law, a court order, or a binding
contract entered into prior to the effective date of this Act;
(9)
"Diversity, equity, and inclusion officer" means an employee, contractor, or volunteer:
(a)
Whose responsibilities include developing, implementing, or promoting a discriminatory concept,
diversity, equity, and inclusion training, or a diversity, equity, and inclusion initiative outside of the
context of academic courses or instruction, regardless of whether the position is designated as a
diversity, equity, and inclusion position or affiliated with a diversity, equity, and inclusion office; and
(b)
Who serves in a role that is not expressly required pursuant to applicable federal or state law, a court
order, or a binding contract entered into prior to the effective date of this Act;
(10)
"Diversity, equity, and inclusion training" means a training, conference, presentation, meeting, or
professional development that:
(a)
Contains, implements, or promotes a discriminatory concept;
(b)
Is not expressly required pursuant to applicable federal or state law, a court order, or a binding
contract entered into prior to the effective date of this Act; and
(c)
Does not include academic courses or instruction;
(11)
"Governing board" means the governing board of an institution;
(12)
"Indoctrinate" means to imbue or attempt to imbue another individual with an opinion, point of view, or
principle without consideration of any alternative opinion, point of view, or principle;
(13)
"Institution" means a public postsecondary education institution and includes all programs, departments,
divisions, offices, centers, colleges, student governments, affiliated organizations, and any individual acting
in an official capacity on behalf of a public postsecondary institution and does not include student
organizations;
(14)
"Resource" means:
(a)
Moneys appropriated by the General Assembly;
(b)
Moneys or items of value derived from bequests, charges, deposits, donations, endowments, fees,
grants, gifts, income, receipts, tuition, or any other source;
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(c)
Materials and other physical resources;
(d)
Digital resources, including an official website, digital application, or social media page of an
institution; or
(e)
Faculty, staff, volunteers, and other human resources;
(15)
"Resource center" means a center maintained by an institution that offers services or programming for
students, faculty, staff, and volunteers, including but not limited to centers that offer academic, health,
religious, disability, community, and career resources, services, and support; and
(16)
"Student-on-student harassment" means unwelcome conduct directed toward a student by another student
that is so severe, pervasive, and objectively offensive that it effectively denies equal access to an educational
opportunity or benefit.
SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS:
(1)
An institution shall not:
(a)
Except as provided in subsection (2)(n) and (o) of this section, provide any differential treatment or
benefits to an individual, including a candidate or applicant for employment, promotion, contract,
contract renewal, or admission, on the basis of the individual's religion, race, sex, color, or national
origin;
(b)
Discriminate in student admissions on the basis of religion, race, sex, color, or national origin;
(c)
Except as provided in subsection (2)(l) of this section:
1.
Impose any scholarship criteria or scholarship eligibility restriction on, or provide differential
treatment or benefits to, a scholarship applicant, candidate, or recipient on the basis of an
individual's religion, race, sex, color, or national origin; or
2.
Execute or renew any legally binding restriction that would require an institution to consider
the religion, race, sex, color, or national origin of a scholarship applicant, candidate, or
recipient;
(d)
Prioritize or provide preferential consideration for vendors, contracts, or other transactions based
upon the religion, race, sex, color, or national origin of the ownership, management, or staff of any
business or nonprofit entity, except that the institution may provide preferential consideration for
businesses owned by residents of Kentucky and the United States;
(e)
Make student housing assignments on the basis of religion, sex, race, color, or national origin unless
an exception is necessary to:
1.
Maintain separate living facilities for members of a single biological sex; or
2.
Permit need-based access to student housing facilities during school breaks, provided that
room assignments are not implemented in a discriminatory manner or segregated by religion,
race, color, or national origin;
(f)
Initiate an investigation of a bias incident unless the general counsel for the institution authorizes
the investigation and certifies in writing that the investigation is necessary because the conduct being
investigated:
1.
May rise to the level of student-on-student harassment if all facts alleged are taken as true; or
2.
Is subject to mandatory investigation pursuant to applicable state or federal law;
(g)
Hold a hearing, tribunal, or other disciplinary proceeding on a bias incident unless the general
counsel for the institution authorizes the hearing and certifies in writing, after a review of all
relevant evidence, that the hearing is necessary to ensure compliance with applicable state or federal
law;
(h)
Expend any resources to:
1.
Establish or maintain a diversity, equity, and inclusion office;
2.
Contract or employ an individual to serve as a diversity, equity, and inclusion officer;
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3.
Provide diversity, equity, and inclusion training or contribute to any cost associated with
planning, promoting, hosting, traveling to, attending, presenting, or otherwise participating in
diversity, equity, and inclusion training; or
4.
Establish or maintain a diversity, equity, and inclusion initiative;
(i)
On an application for employment, promotion, contract, contract renewal, admission, housing,
financial aid, or scholarship, compel, solicit, or consider any pledge or statement on an applicant's
experience with or views on religion, race, sex, color, or national origin, except an institution may:
1.
If an applicant for admission or scholarship submits an unsolicited statement concerning how
a matter relating to religion, race, sex, color, or national origin affected his or her life,
consider the statement but shall not provide differential treatment or benefits based upon the
race, sex, religion, color, or national origin of the applicant; and
2.
Require an applicant for housing to disclose his or her biological sex for the purpose of
maintaining separate living facilities for members of a single biological sex;
(j)
Require any student to enroll in or complete an academic course of which the primary purpose is to
indoctrinate participants with a discriminatory concept; or
(k)
Require or incentivize students, faculty, or staff to attend a diversity, equity, and inclusion training.
(2)
Notwithstanding subsection (1) of this section, nothing in this section shall be construed to apply to or
affect any of the following:
(a)
Rights secured by the First Amendment of the United States Constitution or Section 1 of the
Constitution of Kentucky;
(b)
Academic course content or instruction;
(c)
Academic freedom of faculty, students, and student organizations;
(d)
Academic research or creative works by an institution’s students, faculty, or research personnel;
(e)
The distribution of grant funding for academic research;
(f)
Religious freedom of faculty, students, and student organizations;
(g)
Publications and the freedom of expression of student newspapers and university press;
(h)
Activities, funding, conduct, speech, and freedom of association of student-led organizations, or the
conduct or speech of students acting in their individual capacity;
(i)
Activities, programs, and initiatives for military veterans, Pell Grant recipients, first-generation
college students, low-income students, nontraditional students, transfer students from the Kentucky
Community and Technical College System, or students with unique abilities;
(j)
Arrangements for guest speakers and performers with short-term engagements, including those
invited by students or faculty;
(k)
The purchase of materials for university library inventory and the access of the public to university
library inventory;
(l)
Endowments for privately funded scholarships that existed before the effective date of this Act that
require an institution to consider the religion, race, sex, color, or national origin of a scholarship
applicant or candidate until the balance of corpus is exhausted;
(m)
Mental or physical health services provided by certified or licensed professionals;
(n)
A bona fide qualification or accommodation based on biological sex that is historically maintained in
the usual course of operating an institution and does not constitute a diversity, equity, and inclusion
initiative;
(o)
A bona fide qualification based on national origin that is related to the eligibility of an individual for
a visa;
(p)
A bona fide accommodation based on religion that is necessary to comply with federal or state law;
(q)
The ability of an institution to investigate criminal acts or acts of discrimination in accordance with
applicable federal or state law;
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(r)
Programs or measures required for institutional accreditations; or
(s)
Programs or measures intended to enable the collection of demographic data.
(3)
Notwithstanding subsection (1) of this section, nothing in this section shall be construed to prohibit
programs, procedures, policies, and other initiatives deemed by the institution's general counsel to be
required for compliance with federal or state law, a court order, or a binding contract entered into prior to
the effective date of this Act.
(4)
Each governing board shall ensure compliance with this section no later than June 30, 2025.
(5)
Beginning July 1, 2026, each institution shall submit an annual certification to the council that:
(a)
Is signed by president of the institution or the chief financial officer of the institution; and
(b)
Certifies that the institution has not spent money in violation of this section during the previous fiscal
year.
(6)
The Attorney General may bring a civil action for a writ of mandamus to compel an institution to comply
with this section.
(7)
(a)
The Auditor of Public Accounts shall periodically conduct a compliance audit to determine whether
an institution spent money in violation of subsection (1)(h) of this section. The Auditor shall adopt a
schedule by which the Auditor will conduct these compliance audits, provided that they shall occur at
least once every four (4) years.
(b)
If the Auditor determines that an institution spent money in violation of subsection (1)(h) of this
section, the Auditor shall notify the institution. The institution shall cure the violation within one
hundred eighty (180) days from the date of the Auditor’s notice. If the institution fails to cure the
violation within that time, the institution shall be ineligible to receive formula funding increases
pursuant to KRS 164.092 during the following fiscal year.
(c)
If the institution disputes the Auditor’s finding that it violated subsection (1)(h) of this section, then
within thirty (30) days the institution may petition the Office of the Attorney General to evaluate the
evidence and determine whether the violation occurred.
SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS:
(1)
No later than June 30, 2025, each governing board shall:
(a)
Adopt a policy on viewpoint neutrality that prohibits discrimination on the basis of an individual's
political or social viewpoint and promotes intellectual diversity within the institution; and
(b)
Publish the amended policy in the institution's student handbook and faculty handbook and on a
prominent, publicly accessible page of the institution's website.
(2)
An institution shall not require any individual to endorse or condemn a specific ideology, political
viewpoint, or social viewpoint to be eligible for hiring, contract renewal, tenure, promotion, admission, or
graduation.
(3)
The Attorney General may bring a civil action for a writ of mandamus to compel an institution to comply
with this section.
SECTION 4. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS:
(1)
The council shall not:
(a)
Provide any differential treatment or benefits to an individual on the basis of the individual's
religion, race, sex, color, or national origin;
(b)
Expend any resources to:
1.
Establish or maintain a diversity, equity, and inclusion office;
2.
Contract with or employ an individual to serve as a diversity, equity, and inclusion officer;
3.
Provide diversity, equity, and inclusion training or contribute to any cost associated with
planning, promoting, hosting, traveling to, attending, presenting, or otherwise participating in
diversity, equity, and inclusion training; or
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4.
Establish or maintain a diversity, equity, and inclusion initiative; or
(c)
Compel, solicit, or consider as part of the employment application process any statements on the
applicant's religion, race, sex, color, or national origin.
(2)
Nothing in this section shall be construed to prohibit programs, procedures, policies, and other initiatives
deemed by the council's general counsel to be required for compliance with federal or state law, a court
order, or a binding contract entered into prior to the effective date of this Act.
(3)
The council shall comply with this section no later than June 30, 2025.
(4)
Beginning July 1, 2026, the council shall submit an annual certification to the Legislative Research
Commission for referral to the appropriate Interim Joint Committee on Education that:
(a)
Is signed by the president or budget director of the council; and
(b)
Certifies that the council has not spent money in violation of this section during the previous fiscal
year.
(5)
The Attorney General may bring a civil action for a writ of mandamus to compel the council to comply with
this section.
SECTION 5. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS:
(1)
No later than October 1 of each year, each institution shall submit a certified report to the Legislative
Research Commission for referral to the appropriate Interim Joint Committee on Education, and shall
publish the report to a prominent, publicly accessible location on the institution's website. Each report shall
be certified by the institution's general counsel and contain a complete list and description of the nature,
costs, and source of authority of all policies, programs, practices, and procedures of the institution that are:
(a)
Designed or implemented to promote or provide differential treatment or benefits to individuals on
the basis of religion, race, sex, color, or national origin; and
(b)
Required pursuant to any applicable federal or state law, a court order, or a binding contract entered
into prior to the effective date of this Act.
(2)
An institution shall not claim, assert, or rely upon a governmental mandate as a defense to a civil action
filed by the Attorney General under subsection (6) of Section 2 of this Act unless that mandate was listed
and clearly and accurately described in:
(a)
The institution's most recent annual report required by subsection (1) of this section prior to the date
the events or omissions giving rise to the civil action occurred; or
(b)
An addendum to the institution's most recent annual report required by subsection (1) of this section
that was published:
1.
Prior to the date the events or omissions giving rise to the civil action occurred; and
2.
In the same location on the institution's website as the report required by subsection (1) of this
section.
(3)
This section shall expire on and have no force or effect after June 30, 2031, unless extended by an act of
the General Assembly.
SECTION 6. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS:
(1)
No later than October 1, 2025, the council shall develop and publish an annual survey to assess intellectual
freedom and viewpoint diversity using statistically valid survey techniques to evaluate the extent to which
the students, faculty, and staff of an institution:
(a)
Are exposed to a variety of ideological and political perspectives, including competing ideas and
perspectives; and
(b)
Feel at liberty to express their ideological and political viewpoints and beliefs on campus and in the
classroom.
(2)
By November 1 of each year, each institution shall administer the survey produced under subsection (1) of
this section to all students, faculty, and staff of the institution. The communication distributing the survey
shall be clearly identified and shall not be combined with any other communication.
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(3)
The institution shall provide students, faculty, and staff at least thirty (30) days from the date the survey is
initially distributed to respond to the survey. The institution shall provide a reminder to students, faculty,
and staff to complete the survey at least three (3) business days prior to the deadline to submit a response.
The reminder shall be clearly identified and shall not be combined with any other communication.
(4)
Each institution shall collect and store responses to the survey anonymously and securely.
(5)
Each institution shall compile all responses to its survey into an annual report on intellectual freedom and
viewpoint diversity to be submitted to the council no later than January 1 of each year. The council shall
publish the annual report submitted by each institution to a prominent, publicly accessible location on the
council's website no later than January 7 of each year.
(6)
This section shall expire on and have no force or effect after June 30, 2031, unless extended by an act of
the General Assembly.
Section 7. KRS 164.020 is amended to read as follows:
The Council on Postsecondary Education in Kentucky shall:
(1)
Develop and implement the strategic agenda with the advice and counsel of the Strategic Committee on
Postsecondary Education. The council shall provide for and direct the planning process and subsequent
strategic implementation plans based on the strategic agenda as provided in KRS 164.0203;
(2)
Revise the strategic agenda and strategic implementation plan with the advice and counsel of the committee as
set forth in KRS 164.004;
(3)
Develop a system of public accountability related to the strategic agenda by evaluating the performance and
effectiveness of the state's postsecondary system. The council shall prepare a report in conjunction with the
accountability reporting described in KRS 164.095, which shall be submitted to the committee, the Governor,
and the General Assembly by December 1 annually. This report shall include a description of contributions by
postsecondary institutions to the quality of elementary and secondary education in the Commonwealth;
(4)
Review, revise, and approve the missions of the state's universities and the Kentucky Community and
Technical College System. The Council on Postsecondary Education shall have the final authority to
determine the compliance of postsecondary institutions with their academic, service, and research missions;
(5)
Establish and ensure that all postsecondary institutions in Kentucky cooperatively provide for an integrated
system of postsecondary education. The council shall guard against inappropriate and unnecessary conflict and
duplication by promoting transferability of credits and easy access of information among institutions;
(6)
Engage in analyses and research to determine the overall needs of postsecondary education and adult
education in the Commonwealth;
(7)
Develop plans that may be required by federal legislation. The council shall for all purposes of federal
legislation relating to planning be considered the "single state agency" as that term may be used in federal
legislation. When federal legislation requires additional representation on any "single state agency," the
Council on Postsecondary Education shall establish advisory groups necessary to satisfy federal legislative or
regulatory guidelines;
(8)
(a)
Determine tuition and approve the minimum qualifications for admission to the state postsecondary
educational system. In defining residency, the council shall classify a student as having Kentucky
residency if the student met the residency requirements at the beginning of his or her last year in high
school and enters a Kentucky postsecondary education institution within two (2) years of high school
graduation. In determining the tuition for non-Kentucky residents, the council shall consider the fees
required of Kentucky students by institutions in adjoining states, the resident fees charged by other
states, the total actual per student cost of training in the institutions for which the fees are being
determined, and the ratios of Kentucky students to non-Kentucky students comprising the enrollments
of the respective institutions, and other factors the council may in its sole discretion deem pertinent,
except that the Kentucky Community and Technical College System may assess a mandatory student
fee not to exceed eight dollars ($8) per credit hour to be used exclusively for debt service on amounts
not to exceed seventy-five percent (75%) of the total projects cost of the Kentucky Community and
Technical College System agency bond projects included in 2014 Ky. Acts ch. 117, Part II, J., 11.
(b)
The Kentucky Community and Technical College System mandatory fee established in this subsection
shall only be used for debt service on agency bond projects.
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(c)
Any fee established as provided by this subsection shall cease to be assessed upon the retirement of the
project bonds for which it services debt.
(d)
Prior to the issuance of any bonds, the Kentucky Community and Technical College System shall
certify in writing to the secretary of the Finance and Administration Cabinet that sufficient funds have
been raised to meet the local match equivalent to twenty-five percent (25%) of the total project cost;
(9)
Devise, establish, and periodically review and revise policies to be used in making recommendations to the
Governor for consideration in developing recommendations to the General Assembly for appropriations to the
universities, the Kentucky Community and Technical College System, and to support strategies for persons to
maintain necessary levels of literacy throughout their lifetimes. The council has sole discretion, with advice of
the Strategic Committee on Postsecondary Education and the executive officers of the postsecondary
education system, to devise policies that provide for allocation of funds among the universities and the
Kentucky Community and Technical College System;
(10)
Lead and provide staff support for the biennial budget process as provided under KRS Chapter 48, in
cooperation with the committee;
(11) (a)
Except as provided in paragraph (b) of this subsection, review and approve all capital construction
projects covered by KRS 45.750(1)(f), including real property acquisitions, and regardless of the source
of funding for projects or acquisitions. Approval of capital projects and real property acquisitions shall
be on a basis consistent with the strategic agenda and the mission of the respective universities and the
Kentucky Community and Technical College System.
(b)
The organized groups that are establishing community college satellites as branches of existing
community colleges in the counties of Laurel, Leslie, and Muhlenberg, and that have substantially
obtained cash, pledges, real property, or other commitments to build the satellite at no cost to the
Commonwealth, other than operating costs that shall be paid as part of the operating budget of the main
community college of which the satellite is a branch, are authorized to begin construction of the satellite
on or after January 1, 1998;
(12)
Require reports from the executive officer of each institution it deems necessary for the effectual performance
of its duties;
(13)
Ensure that the state postsecondary system does not unnecessarily duplicate services and programs provided
by private postsecondary institutions and shall promote maximum cooperation between the state postsecondary
system and private postsecondary institutions. Receive and consider an annual report prepared by the
Association of Independent Kentucky Colleges and Universities stating the condition of independent
institutions, listing opportunities for more collaboration between the state and independent institutions and
other information as appropriate;
(14)
Establish course credit, transfer, and degree components as required in KRS 164.2951;
(15) (a)
Define and approve the offering of all postsecondary education technical, associate, baccalaureate,
graduate, and professional degree, certificate, or diploma programs in the public postsecondary
education institutions. The council shall not approve a new degree, certificate, or diploma program
that includes a requirement for a course or training of which the primary purpose is to indoctrinate
participants with a discriminatory concept; and
(b)
The council shall expedite wherever possible the approval of requests from the Kentucky Community
and Technical College System board of regents relating to new certificate, diploma, technical, or
associate degree programs of a vocational-technical and occupational nature. Without the consent of the
General Assembly, the council shall not abolish or limit the total enrollment of the general program
offered at any community college to meet the goal of reasonable access throughout the Commonwealth
to a two (2) year course of general studies designed for transfer to a baccalaureate program. This does
not restrict or limit the authority of the council, as set forth in this section, to eliminate or make changes
in individual programs within that general program;
(16)
Eliminate, in its discretion, existing programs or make any changes in existing academic programs at the
state's postsecondary educational institutions, taking into consideration these criteria:
(a)
Consistency with the institution's mission and the strategic agenda;
(b)
Alignment with the priorities in the strategic implementation plan for achieving the strategic agenda;
(c)
Elimination of unnecessary duplication of programs within and among institutions;[ and]
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(d)
Efforts to create cooperative programs with other institutions through traditional means, or by use of
distance learning technology and electronic resources, to achieve effective and efficient program
delivery; and
(e)
Alignment with Section 2 of this Act, including the elimination of any program that includes a
requirement for a course or training of which the primary purpose is to indoctrinate participants with
a discriminatory concept;
(17)
Ensure the governing board and faculty of all postsecondary education institutions are committed to providing
instruction free of discrimination against students who hold political views and opinions contrary to those of
the governing board and faculty;
(18)
Review proposals and make recommendations to the Governor regarding the establishment of new public
community colleges, technical institutions, and new four (4) year colleges;
(19)
[Postpone the approval of any new program at a state postsecondary educational institution, unless the
institution has met its equal educational opportunity goals, as established by the council. In accordance with
administrative regulations promulgated by the council, those institutions not meeting the goals shall be able to
obtain a temporary waiver, if the institution has made substantial progress toward meeting its equal
educational opportunity goals;
(20)
]Ensure the coordination, transferability, and connectivity of technology among postsecondary institutions in
the Commonwealth including the development and implementation of a technology plan as a component of the
strategic agenda;
(20)[(21)]
Approve the teacher education programs in the public institutions that comply with standards
established by the Education Professional Standards Board pursuant to KRS 161.028;
(21)[(22)]
Constitute the representative agency of the Commonwealth in all matters of postsecondary education of
a general and statewide nature which are not otherwise delegated to one (1) or more institutions of
postsecondary learning. The responsibility may be exercised through appropriate contractual relationships with
individuals or agencies located within or without the Commonwealth. The authority includes but is not limited
to contractual arrangements for programs of research, specialized training, and cultural enrichment;
(22)[(23)]
Maintain procedures for the approval of a designated receiver to provide for the maintenance of student
records of the public institutions of higher education and the colleges as defined in KRS 164.945, and
institutions operating pursuant to KRS 165A.310 which offer collegiate level courses for academic credit,
which cease to operate. Procedures shall include assurances that, upon proper request, subject to federal and
state laws and regulations, copies of student records shall be made available within a reasonable length of time
for a minimum fee;
(23)[(24)]
Monitor and transmit a report on compliance with KRS 164.351 to the director of the Legislative
Research Commission for distribution to the Interim Joint Committee on Families and Children;
(24)[(25)]
(a)
Develop in cooperation with each public university and the Kentucky Community and Technical
College System a comprehensive orientation and education program for new members of the council
and the governing boards and continuing education opportunities for all council and board members.
For new members of the council and institutional governing boards, the council shall:
1.
Ensure that the orientation and education program comprises six (6) hours of instruction time and
includes but is not limited to information concerning the roles of the council and governing board
members, the strategic agenda and the strategic implementation plan, and the respective
institution's mission, budget and finances, strategic plans and priorities, institutional policies and
procedures, board fiduciary responsibilities, legal considerations including open records and
open meetings requirements, ethical considerations arising from board membership, and the
board member removal and replacement provisions of KRS 63.080;
2.
Establish delivery methods by which the orientation and education program can be completed in
person or electronically by new members within one (1) year of their appointment or election;
3.
Provide an annual report to the Governor and Legislative Research Commission of those new
board members who do not complete the required orientation and education program; and
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4.
Invite governing board members of private colleges and universities licensed by the Council on
Postsecondary Education to participate in the orientation and education program described in this
subsection;
(b)
Offer, in cooperation with the public universities and the Kentucky Community and Technical College
System, continuing education opportunities for all council and governing board members; and
(c)
Review and approve the orientation programs of each public university and the Kentucky Community
and Technical College System for their governing board members to ensure that all programs and
information adhere to this subsection;
(25)[(26)]
Develop a financial reporting procedure to be used by all state postsecondary education institutions to
ensure uniformity of financial information available to state agencies and the public;
(26)[(27)]
Select and appoint a president of the council under KRS 164.013;
(27)[(28)]
Employ consultants and other persons and employees as may be required for the council's operations,
functions, and responsibilities;
(28)[(29)]
Promulgate administrative regulations, in accordance with KRS Chapter 13A, governing its powers,
duties, and responsibilities as described in this section;
(29)[(30)]
Prepare and present by January 31 of each year an annual status report on postsecondary education in
the Commonwealth to the Governor, the Strategic Committee on Postsecondary Education, and the Legislative
Research Commission;
(30)[(31)]
Consider the role, function, and capacity of independent institutions of postsecondary education in
developing policies to meet the immediate and future needs of the state. When it is found that independent
institutions can meet state needs effectively, state resources may be used to contract with or otherwise assist
independent institutions in meeting these needs;
(31)[(32)]
Create advisory groups representing the presidents, faculty, nonteaching staff, and students of the public
postsecondary education system and the independent colleges and universities;
(32)[(33)]
Develop a statewide policy to promote employee and faculty development in state and locally operated
secondary area technology centers through the waiver of tuition for college credit coursework in the public
postsecondary education system. Any regular full-time employee of a state or locally operated secondary area
technology center may, with prior administrative approval of the course offering institution, take a maximum
of six (6) credit hours per term at any public postsecondary institution. The institution shall waive the tuition
up to a maximum of six (6) credit hours per term. The employee shall complete the Free Application for
Federal Student Aid to determine the level of need and eligibility for state and federal financial aid programs.
The amount of tuition waived shall not exceed the cost of tuition at the institution less any state or federal
grants received, which shall be credited first to the student's tuition;
(33)[(34)]
Participate with the Kentucky Department of Education, the Kentucky Board of Education, and
postsecondary education institutions to ensure that academic content requirements for successful entry into
postsecondary education programs are aligned with high school content standards and that students who
master the high school academic content standards shall not need remedial courses. The council shall monitor
the results on an ongoing basis;
(34)[(35)]
Cooperate with the Kentucky Department of Education and the Education Professional Standards Board
in providing information sessions to selected postsecondary education content faculty and teacher educators of
the high school academic content standards as required under KRS 158.6453(2)(l);
(35)[(36)]
Cooperate with the Office of the Kentucky Center for Statistics and ensure the participation of the
public institutions as required in KRS 151B.133;
(36)[(37)]
Pursuant to KRS 63.080, review written notices from the Governor or from a board of trustees or board
of regents concerning removal of a board member or the entire appointed membership of a board, investigate
the member or board and the conduct alleged to support removal, and make written recommendations to the
Governor and the Legislative Research Commission as to whether the member or board should be removed;
and
(37)[(38)]
Exercise any other powers, duties, and responsibilities necessary to carry out the purposes of this
chapter. Nothing in this chapter shall be construed to grant the Council on Postsecondary Education authority
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to disestablish or eliminate any college of law which became a part of the state system of higher education
through merger with a state college.
Section 8. KRS 164.011 is amended to read as follows:
(1)
There is hereby created and established a Council on Postsecondary Education in Kentucky as an agency,
instrumentality, and political subdivision of the Commonwealth and a public body corporate and politic having
all powers, duties, and responsibilities as are provided to it by law, appointed for a term set by law pursuant to
Section 23 of the Constitution of Kentucky. The council shall be composed of the commissioner of education,
a faculty member, a student member, and thirteen (13) citizen members appointed by the Governor. The
citizen members shall be confirmed by the Senate under KRS 11.160, and the commissioner of education shall
serve as a nonvoting ex officio member. Citizen council members shall be selected from a list of nominees
provided to the Governor under the nominating process set forth in KRS 164.005. If the General Assembly is
not in session at the time of the appointment, persons appointed shall serve prior to confirmation, but the
Governor shall seek the consent of the Senate at the next regular session or at an intervening extraordinary
session if the matter is included in the call of the General Assembly.
(2)
By no later than thirty (30) days after May 30, 1997, the Governor's Postsecondary Education Nominating
Committee shall submit nominations to the Governor as set forth in KRS 164.005. On making appointments to
the council, the Governor shall ensure broad geographical and political representation; ensure equal
representation of the two (2) sexes, inasmuch as possible; ensure 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 ensure that appointments 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 council generally; however, if any person is appointed to the
council 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 council less any members not affiliated with either of the two (2) leading
political parties. In filling vacancies to the council, the Governor shall act so as to provide, inasmuch as
possible, equal representation of the two (2) sexes by appointing a member of the sex that is the lesser
represented at the time of the appointment. If the remaining membership already has an equal number of males
and females, the Governor may appoint a member of either sex. No more than two (2) members of the council
shall hold an undergraduate degree from any one (1) Kentucky university, and no more than three (3) voting
members of the council shall reside in any one (1) judicial district of the Kentucky Supreme Court as of the
date of the appointment. However, change in residency after the date of appointment shall not affect the ability
to serve.
(3)
One (1) member shall be a full-time faculty member employed at a state institution of postsecondary
education. The faculty member shall be appointed to a four (4) year term by the Governor from a list of three
(3) nominees selected and submitted by majority vote of the ten (10) faculty members who serve as faculty
representatives of the boards of trustees and boards of regents of the nine (9) postsecondary education
institutions.
(4)
One (1) member shall be enrolled as a full-time student at a state institution of postsecondary education and
shall be selected annually in the following manner: not later than June 1 of each year the eight (8) student body
presidents of the four (4) year state public institutions of higher education, the two (2) student members to the
Kentucky Community and Technical College System, and one (1) student body president representing the
members of the Association of Independent Kentucky Colleges and Universities shall elect by majority vote
three (3) nominees to submit to the Governor. From this list of nominees, the Governor shall appoint a student
member.
(5)
In filling any vacancies, the Governor shall ensure the continuing representation upon the council of the broad
constituencies as set forth in subsection (2) of this section. Vacancies on the council shall be filled for the
unexpired term in accordance with the procedures established for the original appointments.
(6)
Each citizen member shall serve a term of six (6) years unless removed by the Governor for cause, except the
initial appointments shall be as follows:
(a)
Two (2) appointments shall expire December 31, 1997;
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(b)
Three (3) appointments shall expire December 31, 1998;
(c)
Two (2) appointments shall expire December 31, 1999;
(d)
Two (2) appointments shall expire December 31, 2000;
(e)
Two (2) appointments shall expire December 31, 2001; and
(f)
Two (2) appointments shall expire December 31, 2002.
(7)
Any person, other than the chief state school officer, holding either an elective or appointive state office or
who is a member of the governing board of any state university in Kentucky, shall be ineligible for
membership or appointment on the council during his term.
(8)
The members of the council shall elect the chair and the vice chair of the council from among the council's
membership, and the chair and vice chair shall serve at the pleasure of the council. The vice chair shall serve
as chair in the absence of the chair.
(9)
The council shall meet at least quarterly and at other times upon the call of the chair or a majority of the
council.
(10)
A quorum shall be a majority of the appointive membership of the council.
(11)
A quorum shall be required to organize and conduct the business of the council, except that an affirmative vote
of eight (8) or more appointive members of the entire council shall be required to dismiss from employment
the president of the council, and to adopt or amend the state strategic postsecondary education agenda.
(12)
New appointees to the council shall not serve more than two (2) consecutive terms.
(13)
New appointees to the council shall complete an orientation and education program set forth in KRS
164.020(24)[(25)] to be eligible for appointment to a second term.
Section 9. KRS 164.131 is amended to read as follows:
(1)
(a)
The government of the University of Kentucky is vested in a board of trustees appointed for a term set
by law pursuant to Section 23 of the Constitution of Kentucky.
(b)
All appointed and elected persons shall be required to attend and complete an orientation and education
program prescribed by the council under KRS 164.020(24)[(25)], as a condition of their service and
eligibility for appointment or election to a second term.
(c)
The board shall periodically evaluate the institution's progress in implementing its missions, goals, and
objectives to conform to the strategic agenda. Officers and officials shall be held accountable for the
status of the institution's progress.
(d)
Board members may be removed by the Governor under the following circumstances:
1.
For cause, pursuant to KRS 63.080(2); or
2.
Pursuant to KRS 63.080(3) or (4).
(e)
The board shall consist of sixteen (16) members appointed by the Governor, two (2) members of the
faculty of the University of Kentucky, one (1) member of the University of Kentucky nonteaching
personnel, and one (1) member of the student body of the University of Kentucky. The members
appointed by the Governor shall be subject to confirmation by the Senate. The voting members of the
board shall select a chairperson annually.
(2)
(a)
The terms of the appointed members shall be for six (6) years and until their successors are appointed
and qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4),
except the initial appointments shall be as follows:
1.
Two (2) members shall serve one (1) year terms;
2.
Two (2) members shall serve two (2) year terms, one (1) of whom shall be a graduate of the
university, selected from a list of three (3) names submitted by the alumni of the university
according to rules established by the board of trustees;
3.
Three (3) members shall serve three (3) year terms;
4.
Three (3) members shall serve four (4) year terms, one (1) of whom shall be a graduate of the
university, selected as under subparagraph 2. of this subsection;
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5.
Three (3) members shall serve five (5) year terms; and
6.
Three (3) members shall serve six (6) year terms, one (1) of whom shall be a graduate of the
university, selected as under subparagraph 2. of this subsection.
(b)
1.
Three (3) of the appointments shall be graduates of the university and may include one (1)
graduate of the institution who resides outside the Commonwealth;
2.
Three (3) shall be representative of agricultural interests; and
3.
Ten (10) shall be other distinguished citizens representative of the learned professions and may
include one (1) who resides outside of Kentucky.
(c)
The Governor shall make the appointments so as to reflect 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 to reflect no less than proportional representation of 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.
(d)
Appointments to fill vacancies shall be made for the unexpired term in the same manner as provided for
the original appointments.
(3)
The two (2) University of Kentucky faculty members shall be of the rank of assistant professor or above. They
shall be elected by secret ballot by all University of Kentucky faculty members of the rank of assistant
professor or above. Faculty members shall serve for terms of three (3) years and until their successors are
elected and qualified. Faculty members shall be eligible for reelection, but they shall be ineligible to continue
to serve as members of the board of trustees if they cease to be members of the faculty of the university.
Elections to fill vacancies shall be for the unexpired term in the same manner as provided for original
elections.
(4)
The nonteaching personnel member shall be any full-time staff member, excluding the president, vice-
presidents, academic deans, and academic department chairpersons. The staff member shall represent all
nonteaching university employees, including but not limited to building facilities and clerical personnel. The
staff member shall be elected by secret ballot by the nonteaching employees. The staff member shall serve a
term of three (3) years and until a successor is elected and qualified. The staff member shall be eligible for
reelection, but a staff member who ceases being an employee of the university shall not be eligible to continue
to serve as a member of the board. Elections to fill vacancies shall be for the unexpired term and shall be held
in the same manner as provided for the original election.
(5)
The student member shall serve a one (1) year term beginning on July 1 after being elected and sworn in as
student body president and ending on the following June 30. If the student member does not maintain the
position of student body president or the status of a full-time student at any time during that academic year, a
special election shall be held to select a full-time student member. The elected student member shall serve for
the remainder of the unexpired term.
(6)
The number of student and employee trustees of the University of Kentucky elected to the board shall not
exceed four (4).
(7)
Unless specifically approved by the board of trustees under the provisions of KRS 164.367, no member of the
administrative staff of the university shall be directly or indirectly interested in any contract with the university
for the sale of property, materials, supplies, equipment, or services, with exception of compensation to the two
(2) faculty members, and the one (1) nonteaching personnel member.
(8)
New appointees of the board shall not serve more than two (2) consecutive terms.
(9)
The inability of the board to hold regular meetings, to elect a chairperson annually, to establish a quorum, to
adopt an annual budget, to set tuition rates, to conduct an annual evaluation of the president of the university,
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or to carry out its primary function to periodically evaluate the institution's progress in implementing its
mission, goals, and objectives to conform to the strategic agenda shall be cause for the Governor to remove all
appointed members of the board and replace the entire appointed membership pursuant to KRS 63.080(4).
Section 10. KRS 164.321 is amended to read as follows:
(1)
Eastern Kentucky University, Morehead State University, Murray State University, Western Kentucky
University, Kentucky State University, Northern Kentucky University, and the Kentucky Community and
Technical College System shall each be governed by a board of regents appointed for a term set by law
pursuant to Section 23 of the Constitution of Kentucky.
(a)
Each board of the comprehensive universities shall consist of eight (8) members appointed by the
Governor, one (1) member of the teaching faculty, one (1) member of the university nonteaching
personnel, and one (1) member of the student body of the respective university or college. The members
appointed by the Governor shall be subject to confirmation by the Senate. The members of the board
shall select a chairperson annually.
(b)
The board of the Kentucky Community and Technical College System shall consist of eight (8)
members appointed by the Governor, two (2) members of the teaching faculty, two (2) members of the
nonteaching personnel, and two (2) members of the student body. The members appointed by the
Governor shall be subject to confirmation by the Senate.
1.
No more than three (3) appointed members of the board shall reside in any one (1) judicial
district of the Kentucky Supreme Court as of the date of the appointment.
2.
A change in residency of a gubernatorial appointee after the date of appointment shall not affect
the appointee's ability to serve or eligibility for reappointment, except an appointee who assumes
residency outside the fifty (50) United States shall become immediately ineligible to serve. The
Council on Postsecondary Education shall notify the appointee of his or her ineligibility to serve.
3.
In making initial appointments, the Governor shall act so as to provide equal representation of
the two (2) sexes. In filling vacancies, the Governor shall act so as to provide, inasmuch as
possible, equal representation of the two (2) sexes by appointing a member of the sex that is the
lesser represented at the time of the appointment. If the remaining membership already has an
equal number of males and females, the Governor may appoint a member of either sex.
(2)
The terms of appointed members shall be for six (6) years and until their successors are appointed and
qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4), except the
initial appointments to the board of regents for the Kentucky Community and Technical College System shall
be as follows:
(a)
One (1) member shall serve a one (1) year term;
(b)
One (1) member shall serve a two (2) year term;
(c)
Two (2) members shall serve three (3) year terms;
(d)
One (1) member shall serve a four (4) year term;
(e)
One (1) member shall serve a five (5) year term; and
(f)
Two (2) members shall serve six (6) year terms.
New appointees of a board of regents shall not serve for more than two (2) consecutive terms.
(3)
The gubernatorial appointments may include one (1) graduate of the respective institution who resides outside
the Commonwealth. Not more than two (2) appointed members of any board shall be residents of one (1)
county. The appointments shall reflect the 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. A particular political affiliation shall
not be a prerequisite to appointment to any board generally; however, if any person is appointed to a 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.
Membership on the board shall reflect no less than proportional representation of 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
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representation does not result in a whole number of minority members, it shall be rounded up to the next whole
number. Membership on the board shall not be incompatible with any state office. A change in residency after
the date of appointment shall not affect a member's ability to serve nor shall it prevent a member's eligibility
for reappointment, except a member who assumes residency outside the fifty (50) United States shall become
immediately ineligible to serve. The Council on Postsecondary Education shall notify the appointee of his or
her ineligibility to serve.
(4)
Appointments to fill vacancies shall be made in the same manner and within the same time after the
occurrence of the vacancy as regular appointments. The person appointed shall hold the position for the
unexpired term only.
(5)
Each member of the board shall serve for the term for which the member is appointed and until a successor is
appointed and qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4).
(6)
(a)
The faculty member of a comprehensive university shall be a teaching or research member of the
faculty of his or her respective university of the rank of assistant professor or above. The faculty
member shall be elected by secret ballot by all faculty members of his or her university of the rank of
instructor, assistant professor, or above. The faculty member shall serve for a term of three (3) years
and until his successor is elected and qualified. The faculty member shall be eligible for reelection, but
he or she shall not be eligible to continue to serve as a member of the board if he or she ceases being a
member of the teaching staff of the university. Elections to fill vacancies shall be for the unexpired term
in the same manner as provided for the original election.
(b)
The faculty members of the Kentucky Community and Technical College System shall be represented
by one (1) faculty member elected from the community colleges and one (1) faculty member elected
from the technical institutions to serve three (3) year terms and until their successors are named. The
faculty representative of each branch shall be elected by means of a process established by the board.
The faculty members may be reelected but shall not serve more than two (2) consecutive terms. A
faculty member shall be ineligible to continue to serve as a member of the board if he or she ceases to
be a member of the faculty at one (1) of the institutions within the system. Elections to fill vacancies
shall be for the unexpired term in the same manner as provided for the original election. These two (2)
members shall collectively have one (1) vote which may be cast one-half (1/2) vote by each member.
(7)
(a)
The nonteaching personnel member in a comprehensive university shall be any full-time staff member
excluding the president, vice presidents, academic deans, and academic department chairpersons. He or
she shall represent all nonteaching university employees including, but not limited to, building facilities
and clerical personnel. The member shall be elected by secret ballot by the nonteaching employees. The
nonteaching personnel member shall serve a term of three (3) years and until a successor is elected and
qualified. The nonteaching personnel member shall be eligible for reelection, but he or she shall not be
eligible to continue to serve as a member of the board if he or she ceases being an employee of the
university. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for
the original election.
(b)
The nonteaching personnel members in the Kentucky Community and Technical College System shall
be any full-time staff member excluding a president, chancellor, vice president, academic dean,
academic department chair, or other administrator. They shall represent all nonteaching employees in
their respective branch institutions including, but not limited to, support and clerical personnel. One (1)
member shall be a representative from the community colleges and one (1) member shall be a
representative from the technical institutions. They shall serve three (3) year terms and until their
successors are named. These two (2) members shall collectively have one (1) vote which may be cast
one-half (1/2) vote by each member. The nonteaching personnel members of each branch shall be
elected by means of a process established by the board. A nonteaching personnel member may be
reelected but shall not serve more than two (2) consecutive terms. A nonteaching employee shall be
ineligible to continue to serve as a member of the board if that employee ceases to be a nonteaching
employee at one (1) of the institutions within the system. Elections to fill vacancies shall be for the
unexpired term in the same manner as provided for the original election.
(8)
(a)
The student member on a comprehensive university board shall serve a one (1) year term beginning on
July 1 after being elected and sworn in as student body president and ending on the following June 30.
If the student member does not maintain the position as student body president or the status as a full-
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time student at any time during that academic year, a special election shall be held to select a full-time
student member. The elected student member shall serve for the remainder of the unexpired term.
(b)
Two (2) full-time student members shall be elected to the board of regents for the Kentucky
Community and Technical College System. One (1) shall represent students of the community colleges
and one (1) shall represent the technical institutions. The student members shall be elected by means of
a process established by the board. The student members shall serve one (1) year terms beginning on
July 1 after being elected and sworn in as a student member of the board and ending on the following
June 30. If the student member does not maintain the status as a full-time student, a special election
shall be held to fill the vacancy for the remainder of the unexpired term. The two (2) members shall
collectively have one (1) vote which may be cast one-half (1/2) vote by each member.
(9)
All appointed and elected persons shall be required to attend and complete an orientation and education
program prescribed by the council under KRS 164.020(24)[(25)], as a condition of their service and eligibility
for appointment or election to a second term.
(10)
Board members may be removed by the Governor under the following circumstances:
(a)
For cause, pursuant to KRS 63.080(2); or
(b)
Pursuant to KRS 63.080(3) or (4).
(11)
The inability of the board or boards of the comprehensive universities or Kentucky Community and Technical
College System to hold quarterly meetings, to elect a chairperson annually, to establish a quorum, to adopt an
annual budget, to set tuition rates, to conduct an annual evaluation of the president of the university or system,
to carry out its primary function to periodically evaluate the university's or system's progress in implementing
its mission, goals, and objectives to conform to the strategic agenda, or to otherwise perform its duties under
KRS 164.350 shall be cause for the Governor to remove all appointed members of the board or boards and
replace the entire appointed membership pursuant to KRS 63.080(4).
Section 11. KRS 164.821 is amended to read as follows:
(1)
The government of the University of Louisville is vested in a board of trustees appointed for a term set by law
pursuant to Section 23 of the Constitution of Kentucky. The board shall consist of ten (10) members appointed
by the Governor, at least one (1) of whom shall be a graduate of the university; one (1) member of the teaching
faculty of the University of Louisville who shall be the chief executive of the ranking unit of faculty
government; one (1) member of the permanent staff of the University of Louisville who shall be the chief
executive of the staff senate; and one (1) student member who shall be the president of the student body during
the appropriate academic year. The members appointed by the Governor shall be subject to confirmation by
the Senate.
(a)
All appointed and elected persons shall be required to attend and complete an orientation and education
program prescribed by the council under KRS 164.020(24)[(25)], as a condition of their service and
eligibility for appointment or election to a second term.
(b)
Board members may be removed by the Governor under the following circumstances:
1.
For cause, pursuant to KRS 63.080(2); or
2.
Pursuant to KRS 63.080(3) or(4).
(c)
New appointees to the board shall not serve more than two (2) consecutive terms.
(2)
The student member shall serve a one (1) year term beginning on July 1 after being elected and sworn in as
student body president and ending on the following June 30. If the student member does not maintain the
position of student body president or the status of a full-time student at any time during that academic year, a
special election shall be held to select a full-time student member. The elected student member shall serve for
the remainder of the unexpired term.
(3)
The faculty member and staff member shall serve one (1) year terms and cease to be eligible for membership
on the board of trustees upon termination of their respective relationships with, or leadership positions within,
the university, and vacancies occurring for this reason shall be filled for the remainder of the respective terms
in the same manner.
(4)
The gubernatorial appointments shall serve a term of six (6) years and until their successors are appointed and
qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4), except the
initial terms shall be as follows:
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(a)
Two (2) members shall serve one (1) year terms;
(b)
Two (2) members shall serve two (2) year terms;
(c)
Two (2) members shall serve three (3) year terms;
(d)
Two (2) members shall serve four (4) year terms;
(e)
One (1) member shall serve a five (5) year term; and
(f)
One (1) member shall serve a six (6) year term.
(5)
The Governor shall make his at-large appointments so as to divide the appointed representation upon the board
to reflect:
(a)
The proportional representation of the two (2) leading political parties in 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. 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; and
(b)
No less than the proportional representation of 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.
(6)
Vacancies among the appointed members of the board occurring by death, resignation, or any other cause,
other than expiration of a term, shall be filled by appointments made by the Governor for the remainder of the
unexpired term, subject to the qualifications set forth in this section.
(7)
Unless specifically approved by the board of trustees under the provisions of KRS 164.367, no member of the
teaching or administrative staff of the university shall be directly or indirectly interested in any contract with
the university for the sale of property, materials, supplies, equipment, or services, with the exception of
compensation to the faculty, staff, and student members.
(8)
The inability of the board to hold regular meetings, to elect a chairperson annually, to establish a quorum, to
adopt an annual budget, to set tuition rates, to conduct an annual evaluation of the president of the university,
to carry out its primary function to periodically evaluate the institution's progress in implementing its mission,
goals, and objectives to conform to the strategic agenda, or to otherwise perform its duties under KRS 164.830
shall be cause for the Governor to remove all appointed members of the board and replace the entire appointed
membership pursuant to KRS 63.080(4).
SECTION 12. A NEW SECTION OF KRS 335B.020 TO 335B.070 IS CREATED TO READ AS
FOLLOWS:
(1)
A licensing authority shall not require diversity, equity, and inclusion training as a prerequisite for an
initial or renewal license.
(2)
A licensing authority shall not use an applicant's or licensee's lack of diversity, equity, and inclusion
training as a reason to:
(a)
Discipline an applicant or licensee; or
(b)
Deny, suspend, revoke, or otherwise restrict a license.
(3)
Any diversity, equity, and inclusion training requirement for applicants or licensees enforced by a licensing
authority prior to the effective date of this Act is void.
Section 13. KRS 335B.010 is amended to read as follows:
As used in KRS 335B.020 to 335B.070, unless the context requires otherwise:
(1)
"Occupation" includes all occupations, trades, vocations, professions, businesses, or employment of any kind
for which a license is required to be issued by the Commonwealth of Kentucky, its agencies, or political
subdivisions;[.]
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(2)
"License" includes all licenses, permits, certificates, registrations, or other means required to engage in an
occupation which are granted or issued by the Commonwealth of Kentucky, its agents or political subdivisions
before a person can pursue, practice, or engage in any occupation;[. ]
(3)
"Public employment" includes all employment with the Commonwealth of Kentucky, its agencies, or political
subdivisions;[. ]
(4)
"Conviction of a crime" shall be limited to convictions of felonies or misdemeanors;[. ]
(5)
"Hiring or licensing authority" shall mean the person, board, commission, or department of the
Commonwealth of Kentucky, its agencies or political subdivisions, responsible by law for the hiring of
persons for public employment or the licensing of persons for occupations;
(6)
"Diversity, equity, and inclusion training" has the same meaning as in Section 1 of this Act; and
(7)
"Licensing authority" means the person, board, commission, department, or other entity of the
Commonwealth of Kentucky, its agencies, or political subdivisions, responsible by law for the licensing of
persons for occupations.
Section 14. (1) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, 13
KAR 002:060, Degree program approval; equal opportunity goals, shall be null, void, and unenforceable as of the
effective date of this Act.
(2)
Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the council shall
be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, 13
KAR 002:060, Degree program approval; equal opportunity goals.
Section 15. (1) No later than June 30, 2025, every public postsecondary education institution in the
Commonwealth shall ensure compliance with the requirements of this Act applicable to institutions and:
(a)
Eliminate any and all diversity, equity, and inclusion initiatives, including but not limited to any
scholarship criteria, living-learning programs, student services, community services, or other initiative designed to
promote a discriminatory concept or to provide differential treatment or benefits to an individual on the basis of race,
sex, color, or national origin;
(b)
Eliminate all diversity, equity, and inclusion trainings;
(c)
Eliminate all diversity, equity, and inclusion offices; and
(d)
Terminate all diversity, equity, and inclusion officer positions.
(2)
The Attorney General may bring a civil action for a writ of mandamus to compel a public
postsecondary education institution to comply with this section.
Section 16. (1) No later than June 30, 2025, the Council on Postsecondary Education shall ensure
compliance with the requirements of this Act applicable to the council and:
(a)
Eliminate all diversity, equity, and inclusion initiatives;
(b)
Eliminate all diversity, equity, and inclusion trainings;
(c)
Eliminate all diversity, equity, and inclusion offices; and
(d)
Terminate all diversity, equity, and inclusion officer positions.
(2)
The Attorney General may bring a civil action for a writ of mandamus to compel the council to comply
with this section.
Section 17. (1) No later than August 30, 2025, each president of a public postsecondary education
institution shall submit a report to the Legislative Research Commission, for referral to the appropriate Interim Joint
Committee on Education, and the Attorney General containing:
(a)
A detailed description of the institution’s compliance with each provision of this Act applicable to
institutions that certifies the status of the institution's compliance with each provision, the steps taken by the
institution to achieve compliance with each provision, and the guardrails put in place to ensure future compliance
with each provision;
(b)
If the president cannot certify the institution's full compliance with any provision of this Act which is
applicable to institutions, the president shall provide a detailed and clear description of any obstacles to achieving or
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certifying compliance with that provision, the measures that the president and institution are enacting to overcome
those obstacles, and the estimated completion date of each measure;
(c)
A detailed description of the institution’s strategy for attracting and retaining faculty members with
diverse perspectives and points of view; and
(d)
A description of the institution’s strategy for fostering a campus environment where the free exchange
of ideas is a prized value and where ideas can be freely discussed and debated in accordance with First Amendment
principles and without intimidation.
(2)
The report required by this section shall be published to a prominent, publicly accessible page on the
institution's website for a period of no less than one year. The report shall not be combined with any other report
when submitted or published by the institution.
(3)
The Attorney General may bring a civil action for a writ of mandamus to compel a public
postsecondary education institution to comply with this section.
Section 18. (1) No later than August 30, 2025, the president of the Council on Postsecondary Education
shall submit a report to the Legislative Research Commission, for referral to the appropriate Interim Joint Committee
on Education, and the Attorney General containing:
(a)
A detailed description of the council’s compliance with each provision of this Act applicable to the
council that certifies the status of the council's compliance with each provision, the steps taken by the council to
achieve compliance with each provision, and the guardrails put in place to ensure future compliance with each
provision;
(b)
If the president cannot certify the council's compliance with any provision of this Act which is
applicable to the council, a detailed and clear description of any obstacles to achieving or certifying compliance with
that provision, the measures that the president and council are enacting to overcome those obstacles, and the
estimated completion date of each measure;
(c)
A detailed description of the council’s strategy for attracting and retaining faculty members with
diverse perspectives and points of view to Kentucky's postsecondary institutions; and
(d)
A detailed description of the council’s strategy for fostering a postsecondary education system where
the free exchange of ideas is a prized value and ideas can be freely discussed and debated in accordance with First
Amendment principles and without intimidation.
(2)
The report required by this section shall be published to a prominent, publicly accessible page on the
council's website for a period of no less than one year. The report shall not be combined with any other report when
submitted or published by the institution.
(3)
The Attorney General may bring a civil action for a writ of mandamus to compel the Council on
Postsecondary Education to comply with this section.
Veto Overridden March 27, 2025.