Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
118B.140,
118B.160,
156.029,
156.035
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.029(1) authorizes the
Kentucky Board of Education, including an active public elementary or secondary
school teacher and a public high school student serving as non-voting members
of the board.
KRS
156.029(3) requires the
Kentucky Board of Education to promulgate an administrative regulation
establishing the process for selecting the non-voting teacher and non-voting
student member to serve on the board. This administrative regulation
establishes the process for the selection and appointment of a non-voting
active public elementary or secondary school teacher and a non-voting public
high school student to serve on the Kentucky Board of Education.
Section 1. Definitions.
(1) "Board" means the Kentucky Board of
Education as established in
KRS
156.029 and
156.035.
(2) "Commissioner" means the Commissioner of
Education appointed by the Kentucky Board of Education pursuant to
KRS
156.148.
(3) "Student" means a person enrolled in a
Kentucky public high school and classified by the Kentucky public high school
as a junior on July 1 of the calendar year for which appointment is
sought.
(4) "Teacher" means a
person employed on a full-time basis by a Kentucky public school district in a
position for which certification is required pursuant to
KRS
161.020, and who is not employed in an
administrative role.
Section
2. Recommendation and Selection of Non-voting Teacher Member.
(1) An application for consideration to
become a non-voting teacher member of the board shall contain:
(a) The applicant's name, home address,
public school district of employment, and congressional district of
residence;
(b) A resume or
curriculum vitae for the applicant;
(c) A narrative statement by the applicant
explaining why the applicant wants to serve as a non-voting teacher member of
the board;
(d) A statement of
assurance from the applicant that the applicant meets the definition of a
"teacher" as defined by Section 1(4) of this administrative regulation;
and
(e) A description of any
pending or final disciplinary action against the applicant by the Education
Professional Standards Board.
(2) No later than March 1 of each calendar
year, the commissioner or the commissioner's designee shall publicly advertise
the application process established in this administrative regulation to become
a non-voting teacher member of the board. The public advertisement may be in
electronic format and shall be included in a publication designed to reach
Kentucky public school teachers. The public advertisement shall contain:
(a) The composition, authority, and duties of
the board;
(b) The time commitment
expected of board members;
(c) The
eligibility requirements established in
KRS
156.029 and this administrative regulation to
be selected as a non-voting teacher member of the board;
(d) The selection process for the non-voting
teacher member of the board;
(e)
All required application materials as established in subsection(1) of this
section;
(f) The method of
application material submission, including the name and address of the
individual designated by the commissioner or commissioner's designee to receive
applications; and
(g) The deadline
by which all application materials shall be received for consideration, which
shall be no later than April 1 of the calendar year for which applications are
sought.
(3) Within three
(3) business days following the deadline established in subsection (2) of this
section, the commissioner or commissioner's designee shall forward all eligible
applications to the commissioner's Teacher Advisory Council for review and
recommendation. Applications for applicants who are ineligible for appointment
because they do not meet the requirements of
KRS
156.029 or this administrative regulation
shall not be forwarded to the commissioner's Teacher Advisory Council for
review and recommendation.
(4) The
commissioner's Teacher Advisory Council, or a subset of the council designated
by a majority vote of the full council, shall review applications forwarded by
the commissioner or commissioner's designee for the non-voting teacher member
of the board. No later than May 1, the commissioner's Teacher Advisory Council
shall recommend to the board three (3) candidates from the applications for
selection as the non-voting teacher member of the board. If the commissioner's
Teacher Advisory Council fails to take action to make a recommendation to the
board by May 1, within five (5) business days after May 1, the Commissioner
shall recommend to the board three (3) candidates from the applications for
selection as the non-voting teacher member of the board.
(5) No later than its last regular meeting of
the fiscal year, the board shall consider the recommendation pursuant to
subsection (4) of this section and, by majority vote, select one (1) candidate
to serve as the non-voting teacher member of the board for a one (1) year term,
which shall begin on July 1 immediately following the board's selection, and
expire on the following June 30.
(6) The non-voting teacher member of the
board serving a term to begin on July 1, 2022 and to expire on June 30, 2023,
shall reside in Kentucky's Sixth (6th) congressional district as established by
KRS
118B.160. Successive non-voting teacher
members shall rotate among the state's congressional districts in numerical
order.
Section 3.
Recommendation and Selection of Non-voting Student Member.
(1) An application for consideration to
become a non-voting student member of the board shall contain:
(a) The applicant's name, home address,
public school district of enrollment, and congressional district of
residence;
(b) A resume or
curriculum vitae for the applicant;
(c) A narrative statement by the applicant
explaining why the applicant wants to serve as a non-voting student member of
the board;
(d) Two (2) letters of
recommendation from a teacher, school administrator, employer, coach, or
volunteer supervisor explaining why the applicant should be appointed to the
board; and
(e) If the student is a
minor, a parental consent form signed by a parent or guardian acknowledging the
time commitment and periodic travel requirements of board members, and
providing consent for the applicant to participate as a non-voting student
member of the board if selected.
(2) No later than March 1 of each calendar
year, the commissioner or the commissioner's designee shall publicly advertise
the application process established in this administrative regulation to become
a non-voting student member of the board. The public advertisement may be in
electronic format and shall be included in a publication designed to reach
Kentucky public school teachers and superintendents for further dissemination
to students. The public advertisement shall contain:
(a) The composition, authority, and duties of
the board;
(b) The time commitment
expected of board members;
(c) The
eligibility requirements established in
KRS
156.029 and this administrative regulation to
be selected as a non-voting student member of the board;
(d) The selection process established in this
administrative regulation for the non-voting student member of the
board;
(e) All required application
materials as established in subsection(1) of this section;
(f) The method of application material
submission, including the name and address of the individual designated by the
commissioner or commissioner's designee to receive applications; and
(g) The deadline by which all application
materials shall be received for consideration, which shall be no later than
April 1 of the calendar year for which applications are sought.
(3) Within three (3) business days
following the deadline established in subsection (2) of this section, the
commissioner or commissioner's designee shall forward all eligible applications
to the commissioner's Student Advisory Council for review and recommendation.
Applications for applicants who are ineligible for appointment because they do
not meet the requirements of
KRS
156.029 or this administrative regulation
shall not be forwarded to the commissioner's Student Advisory Council for
review and recommendation.
(4) The
commissioner's Student Advisory Council, or a subset of the council designated
by a majority vote of the full council, shall review applications forwarded by
the commissioner or commissioner's designee for the non-voting student member
of the board. No later than May 1, the commissioner's Student Advisory Council
shall recommend to the board three (3) candidates from the applications for
selection as the non-voting student member of the board. If the commissioner's
Student Advisory Council fails to take action to make a recommendation to the
board by May 1, within five (5) business days after May 1, the commissioner
shall recommend to the board three (3) candidates from the applications for
selection as the non-voting student member of the board.
(5) No later than its last regular meeting of
the fiscal year, the board shall consider the recommendation pursuant to
subsection (4) of this section and, by majority vote, select one (1) candidate
to serve as the non-voting student member of the board for a one (1) year term,
which shall begin on July 1 immediately following the board's selection, and
expire on the following June 30.
(6) The non-voting student member of the
board serving a term to begin on July 1, 2022 and to expire on June 30, 2023,
shall reside in Kentucky's Fourth (4th) congressional district as established
by
KRS
118B.140. Successive non-voting student
members shall rotate among the state's congressional districts in numerical
order.
Section 4.
Selection to Fill an Unexpired Term as a Result of Resignation or Death. In the
event of resignation or death of a non-voting board member selected and
appointed pursuant to this administrative regulation, the board shall
re-consider the recommendation utilized when it selected the resigned or
deceased non-voting member and, by majority vote, select one (1) candidate to
serve the unexpired term resulting from the resignation or death of the
non-voting member.
Section 5.
Appointment.
(1) Following action by the
board to select a non-voting member pursuant to this administrative regulation,
the board's action shall be memorialized in a written resolution signed by the
board chair.
(2) No later than five
(5) business days following board action to select a non-voting member pursuant
to this administrative regulation, the commissioner shall forward the board's
written resolution to the Governor and Secretary of State so both may take
notice of the action pursuant to
KRS
156.029 and this administrative
regulation.
STATUTORY AUTHORITY:
KRS
156.029(3),
156.070