Kentucky Revised Statutes, Chapter 168 — Educational Television

Title XIII — Education

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-08-31.

Title XIII Education

Chapter 168 Educational Television

168.010 Declaration of purpose.

It is declared to be the legislative purpose of KRS 168.010 to 168.100, and the public policy of the Commonwealth, that there be established, developed, and utilized in the public interest a network of educational television production and related facilities and transmission and relay stations such as will ultimately make available to students in public schools and state-supported institutions of higher education in the Commonwealth, and to any others who may choose to utilize the same, television programs and related services in aid of education, and for incidental use in other proper functions; and that the same be managed, controlled, and operated in the public interest by an independent corporate agency and instrumentality of the Commonwealth having membership such as to be representative of the general public as well as public educational bodies at all levels.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 603, effective July 13, 1990. -- Amended 1970 Ky. Acts ch. 204, sec. 1. -- Created 1962 Ky. Acts ch. 16, sec. 1.

168.015 Legislative recognition of importance of education technology.

The General Assembly of the Commonwealth of Kentucky recognizes that technology plays an important role in enlarging and enriching the school experiences of students and is vital to an efficient system of public schools.

Effective: July 13, 1990

History: Created 1990 Ky. Acts ch. 476, Pt. I, sec. 20, effective July 13, 1990.

168.020 Definitions for KRS 168.010 to 168.100.

As used in KRS 168.010 to 168.100, the following words and terms have the following meanings, unless in any instance, the context shall clearly indicate another meaning, in which event the context shall be controlling:

(1) "Authority" means the Kentucky Authority for Educational Television;

(2) "Board" means the Kentucky Board of Education;

(3) "Department" means the Kentucky Department of Education;

(4) "Public schools" means the state-supported schools of the elementary and secondary levels, as defined in KRS 157.320;

(5) "Commission" means the State Property and Buildings Commission of Kentucky;

(6) "Council" means the Council on Postsecondary Education in Kentucky;

(7) "University of Kentucky" means the University of Kentucky as one (1) entity, including its present and future extensions;

(8) "State colleges and universities" means and includes Eastern Kentucky University, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, Western Kentucky University, and the University of Louisville, and institutions in the Kentucky Community and Technical College System;

(9) "Educational television" means and includes the production of television programs, the filming or taping thereof, the purchase or lease of filmed or taped programs produced by others, and the transmission or relaying of them for utilization:

(a) Which may be used in aid of education in the public schools and public institutions of higher education; and

(b) For limited and incidental use in furtherance of other proper public functions;

(10) "Television facilities" means and includes sites, buildings, structures, machinery, equipment, and installations, each with necessary or appropriate appurtenances, used or useful in the furtherance of educational television;

(11) "Related functions" or "related services" means and includes the use of facilities operated or leased by the authority, or which may be added or connected to such facilities as permitted by applicable statutes, and to prepare, transmit, or enable the exchange of nontelevision programs, services, or functions for and among the public schools, public institutions of higher education, and other state agencies:

(a) In aid of education; and

(b) For use in other proper public functions; provided, however, that such related functions or related services may include, but are not limited to, the following examples: computer-assisted instruction, data for teaching or administrative purposes, and educational noncommercial radio;

(12) "Related facilities" means and includes sites, buildings, structures, machinery, equipment, and installations, each with necessary or appropriate appurtenances, used or useful in the furtherance of related functions or services.

Effective: May 30, 1997

History: Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 142, effective May 30, 1997. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 60, sec. 3, effective July 13, 1990; and ch. 476, Pt. V, sec. 604, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 155, secs. 82 and 104, effective June 17, 1978; and ch. 276, sec. 1, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 181, sec. 1. -- Amended 1970 Ky. Acts ch. 204, sec. 3. -- Created 1962 Ky. Acts ch. 16, sec. 3.

Legislative Research Commission Note (7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

168.030 Kentucky Authority for Educational Television.

An independent agency and instrumentality of the Commonwealth is hereby created and established to be known as "The Kentucky Authority for Educational Television," the same being a public body corporate and politic, with perpetual succession, the power in its own name to contract and be contracted with, sue and be sued, to adopt and use a corporate seal, to adopt bylaws for the orderly conduct of its affairs and to alter the same from time to time, to prescribe and enforce regulations governing the use of educational television and television facilities and related functions and facilities, and generally to have and use all powers of private corporations as set forth in KRS Chapter 271B, except as the same may be inconsistent with the provisions of KRS 168.010 to 168.100.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 605, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 274, sec. 147. -- Amended 1970 Ky. Acts ch. 204, sec. 2. -- Created 1962 Ky. Acts ch. 16, sec. 2.

168.040 Membership of authority.

(1) The authority shall consist of nine (9) members, as follows: The chief state school officer, ex officio, who shall initially serve as temporary chairman and shall call and preside over the organizational meeting or meetings until the members of the authority shall elect a chairman from among their number; a member of the staff or personnel of the department elected by the board upon recommendation of the chief state school officer as being qualified to serve as liaison and coordinator between the authority and the department on matters of curriculum, and his term shall be the same as that of the chief state school officer by whom he is recommended, but terminable by the board in the event he is transferred to other duties in the department, and automatically terminated in the event of his severance from the department for any reason; a representative of the University of Kentucky and a representative of the state universities to be elected by the Council on Postsecondary Education; and five (5) additional members appointed by the Governor who need possess no special or prescribed qualifications except that they shall be citizens of Kentucky.

(2) Effective at 11:59 p.m. on June 30, 1994, all terms of gubernatorial appointees to the authority shall expire. Effective July 1, 1994, five (5) appointees nominated pursuant to KRS 164.005 and appointed by the Governor shall become members of the authority.

Effective: May 30, 1997

History: Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 143, effective May 30, 1997. -- Amended 1994 Ky. Acts ch. 91, sec. 2, effective March 22, 1994. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 279, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 315, sec. 2, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 59, sec. 1, effective June 17, 1978. -- Amended 1970 Ky. Acts ch. 204, sec. 4. -- Created 1962 Ky. Acts ch. 16, sec. 4 (first paragraph).

168.050 Terms of members -- Vacancies -- Reelection or reappointment.

(1) Effective July 1, 1994, the terms of the members other than the chief state school officer and the member appointed from the staff or personnel of the department shall be originally, two (2) members for a term of four (4) years; two (2) members for a term of three (3) years; two (2) members for a term of two (2) years; and one

(1) member for a term of one (1) year, to be determined by the Governor. Thereafter the terms shall be for four (4) years.

(2) In addition to vacancies from death or resignation, vacancies shall occur upon removal of permanent residence from the Commonwealth; in the case of the elected member representing the department and the board, by change of assignment or by severance from relationship with the department or the board for any reason; and, in the cases of the members representing the University of Kentucky and the state colleges, by termination of the member's membership on the council for any reason. Vacancies during the term of any member shall be filled for the unexpired portion of the term only; and vacancies of elected or appointed members by reason of the expiration of the term shall be for terms of four (4) years each, in the same manner as the initial election or appointment, as the case may be.

(3) Elected or appointed members shall be eligible for reelection or reappointment for any number of terms, as long as the prescribed qualifications prevail.

Effective: March 22, 1994

History: Amended 1994 Ky. Acts ch. 91, sec. 3, effective March 22, 1994. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 280, effective July 13, 1990. -- Amended 1970 Ky. Acts ch. 204, sec. 5. -- Created 1962 Ky. Acts ch. 16, sec. 4 (second and third paragraphs).

168.060 Meetings -- Notice -- Quorum -- Organization.

(1) The authority shall meet not less frequently than quarterly, and otherwise as often as necessary for the orderly conduct of its affairs. If it sees fit to do so, it may establish in its bylaws, or by resolution, four (4) or more fixed dates for regular meetings at one (1) or more specified places, in which event any proper business may come before the authority on such occasions, and it shall not be necessary that the members be given notice thereof unless the chairman shall deem it necessary or desirable that the day, place, or hour be changed, whereupon notice to such effect shall be mailed to each member by the chairman or secretary, by ordinary first-class mail, postage prepaid, not less than one (1) week in advance. Regular meetings may be adjourned to convene again at another time and place, if the facts are shown in a motion or resolution adopted by a majority of those present and entered upon the minutes; and if such be done, the adjourned session shall constitute a continuation of the regular session without notice to absent members; but the motion or resolution of adjournment may specify that every reasonable effort be made to give such notice to absent members as time and circumstances may permit, whereupon the secretary (or in his absence the chairman or any designated member) shall make such effort and report the same and the success or failure thereof as to each member, at the occasion of the adjourned session of the regular meeting. Special meetings may be called by the chairman, vice chairman, secretary, or any two (2) members upon notice of the time, place and business to be transacted, similarly given; and special meetings may be adjourned in like manner as in the case of regular meetings, except that the matters considered shall be limited to such as are set forth in the notice of the special meeting.

(2) Any member may waive notice orally or in writing at any time before, at, or after any meeting; and the presence of a member at any meeting shall constitute a waiver of notice unless such member tenders at such meeting a written protest on the ground of want of sufficient notice.

(3) Five (5) or more members shall constitute a quorum for the transaction of business at any meeting, and a majority vote thereof shall be sufficient to transact any business properly before the meeting. Any lesser number may adjourn to reconvene at another time for failure to muster a quorum.

(4) Immediately upon receiving notice of the election or appointment of all other members, the chief state school officer shall call a meeting for organizational purposes, to be held at Frankfort, Kentucky, at a time and place set forth in a written notice mailed to each member, as set forth above. At this meeting, the chief state school officer shall preside as temporary chairman, and the authority shall elect from among the members a chairman, a vice chairman, a secretary, and a treasurer, and define the duties thereof; or it may combine the office of treasurer with any other office of the authority or with any position created pursuant to KRS 168.080.

Effective: July 13, 1990

History: Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 281, effective July 13, 1990. -- Amended 1964 Ky. Acts ch. 120, sec. 1. -- Created 1962 Ky. Acts ch. 16, sec. 5.

168.070 Executive committee.

At such organizational meeting, or at any subsequent meeting, the authority may elect an executive committee, not less than three (3) in number, of which the chairman or vice chairman of the authority shall be a member and the presiding officer. The powers of the executive committee to transact business between meetings of the authority shall be defined, and may be limited, but it shall not be provided that actions of the executive committee within its defined powers and limitations are subject to review, or not final and binding as actions of the authority. The executive committee shall preserve minutes of its proceedings, and file a written copy thereof with the secretary at or before the next ensuing regular meeting of the authority.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 606, effective July 13, 1990. -- Created 1962 Ky. Acts ch. 16, sec. 5 (fifth paragraph).

168.080 Employees.

Subject only to availability of funds from any source, the authority may employ and prescribe the qualifications and duties of such persons as it may deem necessary to the proper performance of its purposes and functions, including an executive director to serve as the principal executive of the authority, and a chief engineer to supervise its engineering staff. Compensation shall be such as may be fixed in accordance with the standards established by the State secretary of the Personnel Cabinet, except that the compensation for those officers and employees exempt from classified services as provided in KRS 18A.115 shall be determined by the authority not to exceed the maximum established by KRS 64.640(2).

Effective: July 15, 1998

History: Amended 1998 Ky. Acts ch. 154, sec. 83, effective July 15, 1998. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 607, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 52, sec. 4, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 98, sec. 2, effective July 15, 1980. -- Created 1962 Ky. Acts ch. 16, sec. 6.

168.090 Compensation and expenses of members.

(1) Members of the authority who are otherwise compensated by the Commonwealth on a full-time basis shall receive no additional compensation as members of the authority, or for attendance at meetings. Members who are not otherwise compensated by the Commonwealth on a full-time basis shall receive a per diem of fifty dollars ($50) for attendance at each meeting, including reasonable travel time necessarily required.

(2) All members may be reimbursed for actual travel and other proper expenses according to reasonable rules and regulations of the authority. The scope of travel shall not be limited to the confines of the Commonwealth; but may extend to any place outside the Commonwealth if specifically authorized by the authority by motion, resolution, or directive reciting the occasion, necessity, and persons authorized to travel.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 608, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 154, sec. 11, effective June 17, 1978. -- Created 1962 Ky. Acts ch. 16, sec. 7.

168.100 Powers of authority.

The authority shall have no power of taxation, nor is it vested with the police power of the Commonwealth, except insofar as the exercise of the power of eminent domain may be deemed a part thereof. Otherwise, in general terms, it shall have and is hereby given all such constitutional powers as are necessary to its accomplishment of the purpose and implementation of the public policy set forth in KRS 168.010. Without limiting the generality of the foregoing, but only for assurance to parties transacting business with the authority, and who may demand and be entitled to assurance, the following specific powers are hereby vested in the authority:

(1) To receive and use in the furtherance of its lawful objectives state funds as may be appropriated or allotted to it, any funds received for services rendered under contract or from the sale of property owned by it, and contributions, matching funds, gifts, bequests, and devises from any source, whether state or federal, and whether public or private; unless the same be tendered subject to one (1) or more conditions which are inconsistent with KRS 168.010 to 168.100, or otherwise unlawful;

(2) To make contracts and agreements whereunder the authority may undertake to provide educational television facilities and related functions and facilities to or for any public body of the state or federal government in furtherance of educational television or in aid of any other public function. However, it shall be an express provision of every such contract that the authority will not undertake to transmit or relay, and will not permit any other party to transmit or relay, in the use of the authority's television facilities, any subversive matter, any political propaganda, or any image or message in the interests of any political party or candidate for public office; or be used by, or in aid of, any church, sectarian, or denominational school; but this proviso is not intended and shall not be construed to be a limitation upon dissemination by the authority of legitimate objective instructional material which is properly related to the study of history or of current events, or which is no more than factually informative, of current issues of government, or of various political ideologies;

(3) To produce, prepare, transmit, and relay, either from life or by recording on tape or films, educational television programs and related services coordinated with the curricula prescribed or approved for the public schools of the Commonwealth by the department or the board pursuant to KRS 158.6451;

(4) To purchase or lease from others, or to contract with others for the use of, or the right to transmit or relay, similar educational television programs and related services, whenever in the opinion of the authority the same are suitable and cannot be produced as effectively or economically through the use of its own facilities;

(5) To purchase, lease, or otherwise acquire, and to operate, television and related facilities deemed by the authority to be necessary in the furtherance of its lawful objectives; and in this connection to acquire property by the exercise of the power of eminent domain, in the manner authorized for the Department of Highways by the Eminent Domain Act of Kentucky, whenever the same cannot be purchased, leased, or otherwise acquired at a reasonable price after reasonable negotiations with the owner or owners. In all such matters, the authority shall be subject to the provisions of KRS Chapters 45A and 56;

(6) To prescribe standards for receiving instruments which are purchased in the future for use in the public schools, in order that reception of educational television programs and related services may be acceptable and in conformity with the manner of transmission thereof; and to disseminate such standards, together with technical information with regard to installations and use of receiving instruments, to all of the public school districts, or to such as may request the same;

(7) In its discretion and within the limitation of availability of funds from any sources, to:

(a) Establish a program of matching funds as an inducement to public school districts to purchase and install proper facilities for receiving and utilizing educational television programs and related services, especially in situations where by reason of topographical difficulties of reception, special antennas, or other equipment may be required, and

(b) If so requested by the boards of education of a sufficient number of public school districts, to purchase through the Finance and Administration Cabinet, subject to the provisions of KRS Chapter 45A, receiving instruments on their behalf on a wholesale basis for the purposes of economy, any such purchases to be on a public competitive basis after due advertisement according to law, but restricted to such receiving instruments as meet the standards prescribed by the authority.

Effective: July 13, 1990

History: Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 24, effective July 13, 1990; and ch. 496, sec. 53, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 140, sec. 73. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1); and ch. 74, Art. IV, sec. 20(1). - - Amended 1970 Ky. Acts ch. 204, sec. 6. -- Created 1962 Ky. Acts ch. 16, sec. 8.

Legislative Research Commission Note (7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.