Policies and Procedures

5. Procedure: Board Administration

  • Approved April 10, 2017

I Purpose: This procedure describes the composition, powers, and duties of the Board, as defined by Kentucky Revised Statutes, and establishes procedures for the performance of its functions. In these procedures, the Board delegates certain responsibilities to the Executive Director to provide for the responsible and efficient administration of the Board and the accomplishment of the Board goals.

II. Authority.

  1. Executive Director of the EPSB.
    1. The Board recruits, selects, employs, and evaluates the Executive Director. KRS 161.028(1)(n).
    2. The Board authorizes the Executive Director to be responsible for the day-to-day operations of the EPSB pursuant to KRS 161.017(1) which includes, but is not limited to, the following:
      1. Setting up appropriate organizational structure and personnel policies for the EPSB;
      2. Appointing all staff, including the Deputy Executive Director;
      3. Preparing annual reports on the Board's program of work;
      4. Carrying out policy and program directives of the Board;
      5. Preparing and submitting to the Board for its approval a proposed biennial budget; and
      6. Performing all other duties and responsibilities assigned by state law.
    3. The Board authorizes the Executive Director to enter into agreements with any state agency or political subdivision of the state, any postsecondary education institution, or any other person or entity necessary to implement the duties and responsibilities of the Board. KRS 161.017(3).
    4. The Executive Director shall have access to the papers, books, and records of education personnel as part of an inquiry or investigation relating to disciplinary actions against a certified employee. KRS 161.017(4).
    5. The Executive Director is authorized pursuant to KRS 161.120 to issue administrative subpoenas for the attendance of witnesses and the production of documents relevant to disciplinary cases under consideration.
  2. Board
    1. The Board is a public board corporate and politic. KRS 161.028(1) with its membership requirement set forth in KRS 161.028(2).
    2. Board Membership
      1. Governor Appointments. The Board, appointed by the Governor, consists of fifteen (15) members who then must be confirmed by the Senate and the House of Representatives under KRS 11.160.
        1. Nine (9) members shall be teachers representing elementary, middle or junior high, secondary, special education, and secondary vocational classrooms;
        2. Two (2) members shall be school administrators, one (1) of whom shall be a school principal;
        3. One (1) member shall be a member of a local board of education; and
        4. Three (3) members shall be representatives of postsecondary institutions, two (2) of whom shall be deans of colleges of education at public universities and (1) of whom shall be the chief academic officer of an independent not-for-profit college or university.
      2. Ex Officio Voting Members. Two (2) members or their designees serve on the Board as ex officio voting members.
        1. The Commissioner of Education; and
        2. The President of the Council on Postsecondary Education.
  3. Board Officers
    1. Board Chair
      1. The Chair shall be selected by and from the membership. KRS 161.028(2)(f).
      2. The Chair shall be selected the by the membership at the August meeting or later, at the discretion of the Board, in accordance with the Board Meeting Procedure.
      3. The Chair of the Board shall serve no more than three (3) one (1) year terms in succession as chair. KRS 161.028(2)(f).
      4. The Chair shall encourage full participation in decision making; conduct/chair board meetings; sign orders on behalf of the Board; make reports at board meetings; form committees.
    2. Vice Chair
      1. The Vice Chair shall also be selected by and from the membership in accordance at the August meeting or later, at the discretion of the Board, in accordance with Board's Election of Officers Procedure.
      2. The Vice Chair of the Board shall serve no more than three (3) one (1) year terms in succession as Vice Chair.
      3. The Vice Chair shall assume the responsibilities and assist Chair as necessary.
    3. Secretary
      1. While the Executive Director is ultimately responsible for keeping records of the board meetings pursuant to KRS 161.028(2)(f), the Executive Director may delegate the role of Board Secretary to an EPSB staff member.
      2. The Secretary shall be responsible for keeping the minutes of all meetings, issues notices of meetings, and provides for the publication and distribution of the minutes in accordance with instructions from the Board

III. Standing and Ad Hoc Committees

  1. The purpose of standing and ad hoc committees is to assist the Board in its oversight role by gathering information, discussing, and providing advice on policy proposals prior to their coming before the entire Board. Members of the general public may attend any committee meeting. An individual desiring to address a particular committee or otherwise participate in a committee meeting should contact the committee chair.
  2. Standing Committee
    1. General Rules
      1. Unless otherwise provided in the Board Procedures, membership of standing committees shall include at least three (3) members of the Board including the committee chair.
      2. Unless otherwise provided in the Board Procedures, committee members shall be appointed by the Chair of the Board for one (1) year terms.
      3. Unless otherwise provided in the Board Procedures, the Chair of the Board shall select the Chair for each committee from the board members.
      4. Board members may be reappointed to a committee for consecutive terms.
      5. Any vacancy occurring before the expiration of the term of the appointment shall be filled for the unexpired term.
      6. A quorum of the Committee members must be present in order to conduct business.
    2. Types
      1. Officer Nomination Committee
        1. Selection of committee members shall be made at the first spring meeting of the Board. Vacancies may be filled at any meeting of the Board.
        2. The Nomination Committee shall be responsible for providing nominations for the Chair and the Vice Chair on an as needed basis in accordance with the Board Election of Officers Procedure.
        3. Meetings may be held as necessary at the call of the Chair.
      2. Executive Director Evaluation Committee
        1. Selection of committee members shall be made at the first spring meeting of the Board. Vacancies may be filled at any meeting of the Board.
        2. This committee is responsible for ensuring that the Board completes a mid-year evaluation in accordance with Board Executive Director Evaluation Procedure.
        3. Meetings may be held as necessary at the call of the Chair.
      3. Waiver Request Committee
        1. The waiver committee shall consist three (3) Board members. One (1) committee member shall be a Board member who serving as a teacher representative; one (1) committee member shall be a Board member who is serving as an administrator representative; and one (1) committee member shall be a Board member who is serving as a postsecondary representative. An alternate waiver committee member shall also be selected. The alternate waiver committee member will only serve if one
        2. of the other members of the committee are unavailable to attend a committee meeting.
        3. Selection of committee members shall be made at the first spring meeting of the Board. Vacancies may be filled at any meeting of the Board.
        4. The waiver committee is responsible for reviewing waiver requests pursuant to KRS 161.028(r) with Education Professional Standards Board staff and for making recommendations on those waivers to the full Board in accordance with the Board Waiver Request Procedure.
        5. Meetings shall immediately precede meetings of the Board unless another time is designated by the Committee Chair.
  3. Ad Hoc Committees
    1. Ad hoc committees may be established and appointed at any time by the Chair and with such charge as the Board Chair may determine.
    2. Ad hoc committees shall carry out their duties as specified and report to the Board. Such committees shall function until discharged, unless otherwise stipulated in the specific Committee Charter. Membership may include Board members, and it may also include persons who are not Board members.

IV. Board Statutory Authority and Responsibilities: The Board's statutory authority and areas of responsibility are set forth in KRS 161.028(1)(a) - (x) and KRS 161.028(2)(g):

  1. Establish standards and requirements for obtaining and maintaining a teaching certificate;
  2. Set standards for, approve, and evaluate college, university, and school district programs for the preparation of teachers and other professional school personnel. Program standards shall reflect national standards and shall address, at a minimum, the following:
    1. The alignment of programs with the state's core content for assessment as defined in KRS 158.6457;
    2. Research-based classroom practices, including effective classroom management techniques;
    3. Emphasis on subject matter competency of teacher education students;
    4. Methodologies to meet diverse educational needs of all students;
    5. The consistency and quality of classroom and field experiences, including early practicums and student teaching experiences;
    6. The amount of college-wide or university-wide involvement and support during the preparation as well as the induction of new teachers;
    7. The diversity of faculty;
    8. The effectiveness of partnerships with local school districts; and
    9. The performance of graduates on various measures as determined by the board;
  3. Conduct an annual review of diversity in teacher preparation programs;
  4. Provide assistance to universities and colleges in addressing diversity, which may include researching successful strategies and disseminating the information, encouraging the development of nontraditional avenues of recruitment and providing incentives, waiving administrative regulations when needed, and other assistance as deemed necessary;
  5. Discontinue approval of programs that do not meet standards or whose graduates do not perform according to criteria set by the board;
  6. Issue, renew, revoke, suspend, or refuse to issue or renew; impose probationary or supervisory conditions upon; issue a written reprimand or admonishment; or any combination of actions regarding any certificate;
  7. Develop specific guidelines to follow upon receipt of an allegation of sexual misconduct by an employee certified by the Education Professional Standards Board. The guidelines shall include investigation, inquiry, and hearing procedures which ensure the process does not revictimize the alleged victim or cause harm if an employee is falsely accused;
  8. Receive, along with investigators hired by the Education Professional Standards Board, training on the dynamics of sexual misconduct of professionals, including the nature of this abuse of authority, characteristics of the offender, the impact on the victim, the possibility and the impact of false accusations, investigative procedures in sex offense cases, and effective intervention with victims and offenders;
  9. Recommend to the Kentucky Board of Education the essential data elements relating to teacher preparation and certification, teacher supply and demand, teacher attrition, teacher diversity, and employment trends to be included in a state comprehensive data and information system and periodically report data to the Interim Joint Committee on Education;
  10. Submit reports to the Governor and the Legislative Research Commission and inform the public on the status of teaching in Kentucky;
  11. Devise a credentialing system that provides alternative routes to gaining certification and greater flexibility in staffing local schools while maintaining standards for teacher competence;
  12. Develop a professional code of ethics;
  13. Set the qualifications and salary for the positions of executive director and deputy executive director to the board, notwithstanding the provisions of KRS 64.640;
  14. Recruit, select, employ and evaluate the executive director to the board;
  15. Approve employment procedures for the employment of policy level staff, subject to the provisions of KRS 12.050;
  16. Approve the biennial budget request;
  17. Charge reasonable fees for the issuance, reissuance, and renewal of certificates that are established by administrative regulation. The proceeds shall be used to meet a portion of the costs of the issuance, reissuance, and renewal of certificates, and the costs associated with disciplinary action against a certificate holder under KRS 161.120;
  18. Waive a requirement that may be established in an administrative regulation promulgated by the board. A request for a waiver shall be submitted to the board, in writing, by an applicant for certification, a postsecondary institution, or a superintendent of a local school district, with appropriate justification for the waiver. The board may approve the request if the person or institution seeking the waiver has demonstrated extraordinary circumstances justifying the waiver. Any waiver granted under this subsection shall be subject to revocation if the person or institution falsifies information or subsequently fails to meet the intent of the waiver;
  19. Promote the development of one (1) or more innovative, nontraditional or alternative administrator or teacher preparation programs through public or private colleges or universities, private contractors, the Department of Education, or the Kentucky Commonwealth Virtual University and waive administrative regulations if needed in order to implement the program;
  20. Grant approval, if appropriate, of a university's request for an alternative program that enrolls an administrator candidate in a postbaccalaureate administrator preparation program concurrently with employment as an assistant principal, principal, assistant superintendent, or superintendent in a local school district. An administrator candidate in the alternative program shall be granted a temporary provisional certificate and shall be a candidate in the Kentucky Principal Internship Program, notwithstanding provisions of KRS 161.030, or the Superintendent's Assessment process, notwithstanding provisions of KRS 156.111, as appropriate. The temporary certificate shall be valid for a maximum of two (2) years, and shall be contingent upon the candidate's continued enrollment in the preparation program and compliance with all requirements established by the board. A professional certificate shall be issued upon the candidate's successful completion of the program, internship requirements, and assessments as required by the board;
  21. Employ consultants as needed;
  22. Enter into contracts. Disbursements to professional educators who receive less than one thousand dollars ($1,000) in compensation per fiscal year from the board
  23. for serving on an assessment validation panel or as a test scorer or proctor shall not be subject to KRS 45A.690 to 45A.725;
  24. Sponsor studies, conduct research, conduct conferences, and publish information as appropriate;
  25. Issue orders as necessary in any administrative action before the board; and
  26. As set for in 161.028(2)(g), to carry out the functions relating to its duties and responsibilities, the board is empowered to receive donations and grants of funds; to appoint consultants as needed; and to sponsor studies, conduct conferences, and publish information.

V. Board Action

  1. Any action relating to the Board’s statutory authority or areas of responsibility are set forth in KRS 161.028(1)(a) - (x) and KRS 161.028(2)(g) will require Board approval.
  2. EPSB staff shall bring before the Board any actions that require Board approval first as an information item and then as an action item.
  3. The Board shall consider the recommendations of EPSB staff and then approve, modify, or deny the action proposed.