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

(1) There is hereby established a Kentucky Board of Education, which shall consist of

eleven (11) voting members appointed by the Governor and confirmed by the

Senate of the General Assembly, with the president of the Council on

Postsecondary Education and the secretary of the Education and Labor Cabinet

serving as ex officio nonvoting members, and an active public elementary or

secondary school teacher and a public high school student appointed by the board

as described in subsection (4) of this section servin g as nonvoting members. Seven

(7) voting members shall represent each of the Supreme Court districts as

established by KRS 21A.010, and four (4) voting members shall represent the state

at large. Each of the voting members shall serve for a four (4) year t erm, except the

initial appointments shall be as follows: the seven (7) members representing

Supreme Court districts shall serve a term which shall expire on April 14, 1994; and

the four (4) at -large members shall serve a term which shall expire on April 1 4,

1992. Subsequent appointments shall be submitted to the Senate for confirmation in

accordance with KRS 11.160.

(2) Appointments of the voting members shall be made without reference to

occupation. No voting member at the time of his or her appointment o r during the

term of his or her service shall be engaged as a professional educator. Beginning

with voting members appointed on or after June 29, 2021, appointments to the

group of members representing Supreme Court districts and to the group of at -large

members, respectively, shall reflect equal representation of the two (2) sexes,

inasmuch as possible; reflect no less than proportional representation of the two (2)

leading political parties of the Commonwealth based on the state's voter registration

and t he political affiliation of each appointee as of December 31 of the year

preceding the date of his or her appointment; and reflect the minority racial

composition of the Commonwealth based on the total minority racial population

using the most recent censu s 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 a ffiliation requirement shall be

determined and satisfied based on the total number of members on the board less

any members not affiliated with either of the two (2) leading political parties.

Pursuant to KRS 63.080, a member shall not be removed except fo r cause or,

beginning with voting members appointed on or after June 29, 2021, in accordance

with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not be subject to

reorganization by the Governor.

(3) Ex officio and other nonvoting members shall not be represented by proxy at any

meeting of the board.

(4) The nonvoting teacher and student members shall be selected by the board from the

state's seven (7) Supreme Court districts on a rotating basis from different districts.

The public high school st udent shall be classified as a sophomore at the time of

appointment. The teacher and student members shall serve for a one (1) year term.

The board shall promulgate an administrative regulation establishing the process for

selecting the nonvoting teacher and student members.

(5) A vacancy in the voting membership of the board shall be filled by the Governor

for the unexpired term with the consent of the Senate. In the event that the General

Assembly is not in session at the time of the appointment, the cons ent of the Senate

shall be obtained during the time the General Assembly next convenes.

(6) At the first regular meeting of the board in each fiscal year, a chair shall be elected

from its voting membership and subject to Senate confirmation in accordance with

KRS 11.160. If the person selected as chair is not confirmed by the Senate, he or

she shall still retain his or her position on the board, but shall vacate his or her

position as chair, and the voting members of the board shall select a new chair.

(7) The members shall be reimbursed for actual and necessary expenses incurred in the

performance of their duties.

(8) The commissioner of education shall serve as the executive secretary to the board.

(9) The primary function of the board shall be to develop and adopt policies and

administrative regulations, with the advice of the Local Superintendents Advisory

Council, by which the Department of Education shall be governed in planning,

coordinating, administering, supervising, operating, and evaluating the e ducational

programs, services, and activities within the Department of Education which are

within the jurisdiction of the board.