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Appendix C: Governor's Executive Order 2021-504

Secretary of State Frankfort Kentucky

2021-504 July 20, 2021

As recent news reports have indicated, members of the Kentucky State University (KSU) Board of Regents and the Council on Postsecondary Education (CPE) have voiced concerns about the financial stability of the University. The purpose of this Executive Order is to ensure that CPE is able to provide guidance, oversight, and resources to the KSU Board of Regents for a review of KSU's financial condition, so that KSU may continue to provide a high-quality education to its students.

CPE is charged with “evaluating the performance and effectiveness of the state’s postsecondary system.” KRS 164.020(4). It is further charged with the development and implementation of “policies to be used in making recommendations to the Governor for consideration in developing recommendations to the General Assembly for appropriations to the universities,” as well as “policies that provide for allocation of funds among the universities.” KRS 164.020(9). To carry out these duties, CPE is empowered to: “[d]evelop a financial reporting procedure to be used by all state postsecondary education institutions,” KRS 164.020(26); to “[r]equire reports from the executive officer of each institution it deems necessary for the effectual performance of its duties,” KRS 164.020(12); and to “[e]xercise any other powers, duties, and responsibilities necessary to carry out the purposes of this chapter,” KRS 164.020(38). CPE also develops and implements “a system of accountability for the postsecondary education institutions that measures,” among other things, each institution’s “use of resources,” KRS 164.095(3)(d), and reports on these accountability measures to the Governor and the General Assembly, KRS 164.095(5).

NOW, THEREFORE, I, Andy Beshear, by virtue of authority vested in me pursuant to the Kentucky Constitution and KRS Chapters 12 and 164, do hereby Order and Direct as follows: