govt.fyi
Back to HB 490
Kentucky General Assembly· HB 490delivered to Secretary of State (Acts Ch. 169)

An act relating to employment at public postsecondary education institutions and declaring an emergency., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                            26 RS HB 490/VO

1   AN ACT relating to employment at public postsecondary education institutions and

2 declaring an emergency.

3 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

4   Section 1. KRS 164.360 is amended to read as follows:

5 (1) (a) Each board of regents for the universities shall appoint a president, appoint all

6   faculty members and employees, and fix their compensation and tenure of

7   service, subject to the provisions of subsections (2) to (6)[(5)] of this section.

8   Faculty member and employee appointment and removal decisions may be

9   delegated to the president in accordance with policy adopted by each board of

10  regents.

11  (b) The board of regents for the Kentucky Community and Technical College

12  System shall appoint a president, appoint all faculty members and employees,

13  and fix their compensation and tenure of service, subject to the provisions of

14  subsections (2) to (6)[(5)] of this section. Faculty member and employee

15  appointment and removal decisions may be delegated to the president in

16  accordance with policy adopted by the board of regents.

17 (2) A[No] person shall not be employed at an institution where his or her relative

18  serves on the board of regents for that institution.

19 (3) Each board may remove the president of the university or Kentucky Community

20  and Technical College System, and the president may remove any faculty member

21  or employee.

22 (4) A[No] president or faculty member may[shall] be removed[ except] for cause,

23  which shall include incompetency, neglect of or refusal to perform his or her duty,

24  immoral conduct, or failure to meet college or university performance and

25  productivity requirements as determined in accordance with subsection (5) of this

26  section. A president or faculty member shall not be removed until after thirty (30)

27  days' notice in writing, stating the nature of the charges preferred, and after an

                                                  Page 1 of 7

    HB049090.100 - 1466 - XXXX 4/14/2026 3:28 PM               Vetoed and Overridden
    UNOFFICIAL COPY                                            26 RS HB 490/VO

1   opportunity has been given him or her to make defense before the board by counsel

2   or otherwise and to introduce testimony which shall be heard and determined by the

3   board. Charges against a president shall be preferred by the chairperson of the board

4   upon written information furnished to him or her, and charges against a faculty

5   member shall be preferred in writing by the president unless the offense is

6   committed in his or her presence.

7 (5) President and faculty member performance and productivity shall be evaluated at

8   least once every four (4) years using a process approved by each board. Failure to

9   meet performance and productivity requirements may result in removal of a

10  president or faculty member regardless of status. The evaluation process shall be

11  established by each board and provided to all faculty members by January 1, 2026,

12  to become effective July 1, 2026.

13 (6) (a) In addition to removal for cause as provided in subsections (4) and (5) of

14  this section, a faculty member may be removed by the board for bona fide

15  financial reasons, including but not limited to:

16  1. Financial exigency;

17  2. Low enrollment in a particular program or major; or

18  3. Misalignment of revenue and costs in a particular college, department,

19  program, or major.

20  (b) The process by which removal as provided in paragraph (a) of this

21  subsection shall be proposed, evaluated, and decided shall be established by

22  each board and provided to all faculty members, with an effective date no

23  later than October 1, 2026. The process shall require that no faculty

24  member is removed until after thirty (30) days' notice in writing, stating the

25  reason for removal, and after an opportunity has been given to the faculty

26  member to respond before the board by counsel or otherwise and to

27  introduce testimony which shall be heard and determined by the board.

                                                  Page 2 of 7

    HB049090.100 - 1466 - XXXX 4/14/2026 3:28 PM               Vetoed and Overridden
    UNOFFICIAL COPY                                                     26 RS HB 490/VO

1   Section 2. KRS 164.230 is amended to read as follows:

2 (1) The board of trustees has full power to suspend or remove any of the officers,

3   teachers, professors, or agents that it is authorized to appoint, but a[no] president,

4   professor, or teacher shall not be removed except for:

5   (a) Incompetency;[, ]

6   (b) Neglect of or refusal to perform his or her duty;[, ]

7   (c) Immoral conduct;[, or ]

8   (d) Failure to meet college or university performance and productivity

9   requirements as determined in accordance with subsection (2) of this section;

10  or

11  (e) For bona fide financial reasons, including but not limited to:

12  1. Financial exigency;

13  2. Low enrollment in a particular program or major; or

14  3. Misalignment of revenue and costs in a particular college, department,

15      program, or major.

16 (2) A president, professor, or teacher shall not be removed under subsection (1)(a) to

17  (d) of this section until after thirty (30) days' notice in writing, stating the nature of

18  the charges preferred, and after an opportunity has been given him or her to make

19  defense before the board by counsel or otherwise and to introduce testimony which

20  shall be heard and determined by the board.

21 (3) The process by which removal as provided in subsection (1)(e) of this section

22  shall be proposed, evaluated, and decided shall be established by the board and

23  provided to all faculty members, with an effective date no later than October 1,

24  2026. The process shall require that no faculty member is removed until after

25  thirty (30) days' notice in writing, stating the reason for removal, and after an

26  opportunity has been given to the faculty member to respond before the board by

27  counsel or otherwise and to introduce testimony which shall be heard and

                                                  Page 3 of 7

    HB049090.100 - 1466 - XXXX 4/14/2026 3:28 PM                        Vetoed and Overridden
    UNOFFICIAL COPY                                            26 RS HB 490/VO

1   determined by the board.

2 (4) Officer, teacher, professor, or agent appointment and removal decisions may be

3   delegated to the president in accordance with policy adopted by the board of

4   trustees.

5 (5)[(2)] President, teacher, and professor performance and productivity shall be

6   evaluated at least once every four (4) years using a process approved by the board.

7   Failure to meet performance and productivity requirements may result in removal

8   of a president, teacher, or professor regardless of status. The evaluation process

9   shall be established by the board and provided to all faculty members by January 1,

10  2026, to become effective July 1, 2026.

11  Section 3. KRS 164.830 is amended to read as follows:

12 (1) The board of trustees of the University of Louisville shall constitute a body

13  corporate, with the usual corporate powers, and shall possess all the authorities,

14  immunities, rights, privileges, and franchises usually attaching to the governing

15  bodies of Kentucky public higher educational institutions. A majority of the voting

16  members of the board shall constitute a quorum for the transaction of business.

17  Powers of the board shall include the following:

18  (a) Appointment of a president, all faculty members, and other personnel and

19  determination of the compensation, duties, and official relations of each. No

20  relative of a board of trustee member shall be employed by the university.

21  Faculty member and personnel appointment decisions may be delegated to the

22  president in accordance with policy adopted by the board of trustees;

23  (b) Suspension or removal of the president, officers, faculty, agents, or other

24  personnel that it is authorized to appoint, except that no president, professor,

25  or teacher shall be removed except for:

26  1. Incompetence;[, ]

27  2. Neglect of or refusal to perform his or her duty;[, ]

                                                  Page 4 of 7

    HB049090.100 - 1466 - XXXX 4/14/2026 3:28 PM               Vetoed and Overridden
    UNOFFICIAL COPY                                            26 RS HB 490/VO

1   3. Immoral conduct;[, or ]

2   4. Failure to meet college or university performance and productivity

3   requirements as determined in accordance with paragraph (d)[(c)] of this

4   subsection; or

5   5. Bona fide financial reasons, including but not limited to:

6   1. Financial exigency;

7   2. Low enrollment in a particular program or major; or

8   3. Misalignment of revenue and costs in a particular college,

9                    department, program, or major;[.]

10  (c) Any removal shall be made in accordance with procedures established by law

11  for state institutions. Officer, faculty, agent, or other personnel removal

12  decisions may be delegated to the president in accordance with policy adopted

13  by the board of trustees;

14  (d) The process by which removal as provided in paragraph (b)5. of this

15  subsection shall be proposed, evaluated, and decided shall be established by

16  the board and provided to all faculty members, with an effective date no

17  later than October 1, 2026. The process shall require that no faculty

18  member is removed until after thirty (30) days' notice in writing, stating the

19  reason for removal, and after an opportunity has been given to the faculty

20  member to respond before the board by counsel or otherwise and to

21  introduce testimony which shall be heard and determined by the board;

22  (e)[(c)] Creation of a process requiring the evaluation of the performance and

23  productivity of the president, professors, and teachers at least once every four

24  (4) years. Failure to meet performance and productivity requirements may

25  result in removal of a president, professor, or teacher regardless of status. The

26  evaluation process shall be established by the board and provided to all

27  faculty members by January 1, 2026, to become effective July 1, 2026;

                                                  Page 5 of 7

    HB049090.100 - 1466 - XXXX 4/14/2026 3:28 PM                   Vetoed and Overridden
    UNOFFICIAL COPY                                            26 RS HB 490/VO

1   (f)[(d)] Election of a chairperson, a vice chairperson to act in the absence or

2   temporary disability of the chairperson, and any other officers as it deems

3   wise, including the annual election of a six (6) member executive committee

4   which shall have the powers that the board delegates to it and shall operate

5   under the rules the board shall establish under its authority to make bylaws,

6   rules, and regulations consistent with this chapter. The committee shall have

7   one (1) member representing the students, faculty, and nonteaching personnel

8   with the group alternating each year. The initial appointment to the executive

9   committee after March 21, 2017, shall be a faculty member, to be followed by

10  a student and a nonteaching personnel, respectively;

11  (g)[(e)] Receipt, retention, and administration, on behalf of the university,

12  subject to the conditions attached, all revenues accruing from endowments,

13  appropriations, allotments, grants or bequests, and all types of property;

14  (h)[(f)] Requirement of reports from the president, officers, faculty, and

15  employees as it deems necessary and proper from time to time;

16  (i)[(g)] Granting degrees to graduates of the university, prescription of

17  conditions upon which postgraduate honors may be obtained, and conferment

18  of honorary degrees;

19  (j)[(h)] The board shall periodically evaluate the institution's progress in

20  implementing its missions, goals, and objectives to conform to the strategic

21  agenda. Officers and officials shall be held accountable for the status of the

22  institution's progress; and

23  (k)[(i)] The board shall adopt bylaws, rules, and regulations for the governance

24  of its members, officers, agents, and employees, which shall reference the

25  member removal and replacement provisions of KRS 63.080, and the board

26  shall enforce obedience to those bylaws, rules, and regulations.

27 (2) Board members shall receive no compensation for serving on the board, but shall be

                                                  Page 6 of 7

    HB049090.100 - 1466 - XXXX 4/14/2026 3:28 PM                      Vetoed and Overridden
   UNOFFICIAL COPY                                                     26 RS HB 490/VO

1  reimbursed for travel expenses for attending meetings and performing other official

2  functions, consistent with the reimbursement policy for state employees. Board

3  members who reside outside the Commonwealth shall not be reimbursed for out-of-

4  state travel expenses.

5 (3) The provisions of KRS 164.030, 164.200, and 164.410, shall be applicable to the

6  University of Louisville, except where inconsistent with the purposes of KRS

7  164.810 to 164.870.

8  Section 4. Whereas it is necessary for public postsecondary education

9 institutions to make sound fiscal decisions and be able to take swift action based on those

10 decisions, an emergency is declared to exist, and this Act takes effect upon its passage

11 and approval by the Governor or upon its otherwise becoming a law.

                                                 Page 7 of 7

   HB049090.100 - 1466 - XXXX 4/14/2026 3:28 PM                        Vetoed and Overridden
Every fact on this page links to its source, starting with the official bill record.