A Bill on Post-tenure Review Pre-filed by Senator Tim Philpot

This bill is for consideration in either the special education legislative session or the next general session. The bill number is 98 RS BR 135. What appears below is an extract of the language of the bill. You may obtain a copy of the complete bill from Senator Philpot's office. Contact Marilyn Burgess at 606-564-8100x777 and ask that it be sent or faxed.

The "ACT relating to higher education employees" actually proposes to modify three sections of the Kentucky Revised Statutes (KRS): 164.360, 164.220, and 164.830. Since all three statutes are revised in essentially the same way, the following are the relevant excerpts of the proposed changes to the law. Also on the UK AAUP web page you may find a press release from Senator Philpot discussing the proposed legislation. The text which appears below contains explanation and editorializing in square brackets "[ ]".


KENTUCKY
LEGISLATIVE RESEARCH COMMISSION
1996-97 INTERIM
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98 RS BR 135 - PREFILED
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March 17, 1997

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Senator Philpot prefiled the following bill which was ordered to be printed.

Paid for from state funds

Each board shall adopt rules and procedures for a periodic post-tenure evaluation process for all faculty tenured at the institution. The evaluation process shall include but not be limited to evaluation of performance in teaching, research, and service [pray, what else?]. The process shall provide that:

  1. Each faculty member tenured at the institution shall participate in a comprehensive post-tenure evaluation process at least every five (5) years. Each faculty member tenured at the institution as of the effective date of this Act shall participate in his or her first comprehensive post-tenure evaluation process by January 1, 2003;
  2. Below-standard evaluations of a faculty member may provide cause for revocation of the tenure of the faculty member; and
  3. The board may not waive the evaluation process for any faculty member granted tenure at an institution.

[ In addition to the new language above, the statutes were modified to require boards to remove faculty "found guilty" of various offenses. The proposed language is immediately below. ]

Each board . . . upon recommendation of the president shall [ note requirement ] remove any faculty member or employee, if the board finds the faculty member or employee guilty of incompetency, neglect of or refusal to perform his duty, or immoral conduct.

[ The existing language for these sections is: ]

Each board . . . upon recommendation of the president may [ note option ] remove any faculty member or employees, but no faculty member shall be removed except for incompetency, neglect of or refusal to perform his duty, or for immoral conduct.

[ The several other changes to the existing KRS appear to be simply have the effect of making the three statutes more parallel in language. ]

[ Senator Philpot introduced this bill with a PRESS RELEASE. ]


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