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Title 20 — Education

Part A · Chapter 55 — Education of the Deaf

§ 4303. Board of Trustees

Statutory text

(a)

Composition of Board

(1)

Gallaudet University shall be under the direction and control of a Board of Trustees, composed of twenty-one members who shall include—

(A)

three public members of whom (i) one shall be a United States Senator appointed by the President of the Senate, and (ii) two shall be Representatives appointed by the Speaker of the House of Representatives; and

(B)

eighteen other members, all of whom shall be elected by the Board of Trustees and of whom one shall be elected pursuant to regulations of the Board of Trustees, on nomination by the Gallaudet University Alumni Association, for a term of three years.

(2)

The members appointed from the Senate and House of Representatives shall be appointed for a term of two years at the beginning of each Congress, shall be eligible for reappointment, and shall serve until their successors are appointed.

(3)

The Board of Trustees shall have the power to fill any vacancy in the membership of the Board except for public members. Nine trustees shall constitute a quorum to transact business. The Board of Trustees, by vote of a majority of its membership, is authorized to remove any member of their body (except the public members) who may refuse or neglect to discharge the duties of a trustee, or whose removal would, in the judgment of said majority, be to the interest and welfare of said corporation.

(b)

Powers of Board

The Board of Trustees is authorized to—

(1)

make such rules, policies, regulations, and bylaws, not inconsistent with the Constitution and laws of the United States, as may be necessary for the good government of Gallaudet University, for the management of the property and funds of such corporation (including the construction of buildings and other facilities), and for the admission, instruction, care, and discharge of students;

(2)

provide for the adoption of a corporate seal and for its use;

(3)

fix the date of holding their annual and other meetings;

(4)

appoint a president and establish policies, guidelines, and procedures related to the appointments, the salaries, and the dismissals of professors, instructors, and other employees of Gallaudet University, including the adoption of a policy of outreach and recruitment to employ and advance in employment qualified individuals with disabilities, particularly individuals who are deaf or hard of hearing;

(5)

elect a chairperson and other officers and prescribe their duties and terms of office, and appoint an executive committee to consist of five members, and vest the committee with such of its powers during periods between meetings of the Board as the Board deems necessary;

(6)

establish such schools, departments, and other units as the Board of Trustees deems necessary to carry out the purpose of Gallaudet University;

(7)

confer such degrees and marks of honor as are conferred by colleges and universities generally, and issue such diplomas and certificates of graduation as, in its opinion, may be deemed advisable, and consistent with academic standards;

(8)

subject to section 4353 of this title, control expenditures of all moneys appropriated by Congress for the benefit of Gallaudet University; and

(9)

control the expenditure and investment of any moneys or funds or property which Gallaudet University may have or may receive from sources other than appropriations by Congress.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 99–371 title I § 103 · 100 Stat. 781

    Enacted · 20 U.S.C. § 4303

    Pub. L. 99–371, title I, § 103, Aug. 4, 1986, 100 Stat. 782

    Source evidence

    Code source credit
    Pub. L. 99–371, title I, § 103, Aug. 4, 1986, 100 Stat. 782

    Enacted provision · exact public law section
    SEC. 103. BOARD OF TRUSTEES. (a) Composition of the Board.— (1) Gallaudet University shall be under the direction and control of a Board of Trustees, composed of twenty-one members selected as follows: (A) three public members of whom (i) one shall be a United States Senator appointed by the President of the Senate, and (ii) two shall be Representatives appointed by the Speaker of the House of Representatives; and (B) eighteen other members, all of whom shall be elected by the Board of Trustees, who on the effective date of this Act shall include those individuals serving as nonpublic members of the Board of Trustees of Gallaudet College immediately prior to such date, and of whom one shall be elected pursuant to regulations of the Board of Trustees, on nomination by the Gallaudet University Alumni Association for a term of three years. The members appointed from the Senate and House of Representatives shall be appointed for a term of two years at the beginning of each Congress, shall be eligible for reappointment, and shall serve until their successors are appointed. (2) The Board of Trustees shall have the power to fill any vacancy in the membership of the Board except for public members. Nine trustees shall constitute a quorum to transact business. The Board of Trustees, by vote of a majority of its membership, is authorized to remove any member of their body (except the public members) who may refuse or neglect to discharge the duties of a trustee, or whose removal would, in the judgment of said majority, be to the interest and welfare of said corporation. (b) Powers of the Board.— The Board of Trustees is authorized to— (1) make such rules, policies, regulations, and bylaws, not inconsistent with the Constitution and laws of the United States, as may be necessary for the good government of Gallaudet University, for the management of the property and funds of such corporation and for the admission, instruction, care, and discharge of students; (2) provide for the adoption of a corporate seal and for its use; (3) fix the date of holding their annual and other meetings; (4) appoint a president, professors, instructors, and other necessary employees for Gallaudet University, delegate to them such duties as it may deem advisable, fix their compensation, and remove them when, in their judgment, the interest of Gallaudet University shall require it; (5) elect a chairperson and other officers and prescribe their duties and terms of office, and appoint an executive committee to consist of five members, and vest the committee with such of its powers during periods between meetings of the Board as the Board deems necessary; (6) establish such departments and other units, including a department of higher learning for the deaf, a department of elementary education for the instruction of deaf children, a graduate department, and a research department, as the Board deems necessary to carry out the purpose of Gallaudet University; (7) confer such degrees and marks of honor as are conferred by colleges and universities generally, and issue such diplomas and certificates of graduation as, in its opinion, may be deemed advisable, and consistent with academic standards; (8) subject to the provisions of section 403, control expenditures of all moneys appropriated by Congress for the benefit of Gallaudet University; and (9) control the expenditure and investment of any moneys or funds or property which Gallaudet University may have or may receive from sources other than appropriations by Congress.

  2. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 111(1) · 106 Stat. 2151

    Struck · 20 U.S.C. § 4303(a)(1)(B)

    Pub. L. 102–421, § 111(1), struck out “, who on August 4, 1986, shall include those individuals serving as nonpublic members of the Board of Trustees of Gallaudet College immediately prior to August 4, 1986,” after “elected by the Board of Trustees”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 102–421, § 111(1), struck out “, who on August 4, 1986, shall include those individuals serving as nonpublic members of the Board of Trustees of Gallaudet College immediately prior to August 4, 1986,” after “elected by the Board of Trustees”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)(B), by striking “, who on the effective date” and all that follows through “such date,”; and

    Effective date note
    Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

  3. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 111(2)(A) · 106 Stat. 2151

    Inserted · 20 U.S.C. § 4303(b)(1)

    Pub. L. 102–421, § 111(2)(A), inserted “(including the construction of buildings and other facilities)” after “corporation”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–421, § 111(2)(A), inserted “(including the construction of buildings and other facilities)” after “corporation”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting after “corporation” the following: “(including the construction of buildings and other facilities)”;

    Effective date note
    Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

  4. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 111(2)(B) · 106 Stat. 2151

    Amended · 20 U.S.C. § 4303(b)(4); 20 U.S.C. § 4303(b)(6)

    Pub. L. 102–421, § 111(2)(B), (C), amended pars. (4) and (6) generally. Prior to amendment, pars. (4) and (6) read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(4), (6). Pub. L. 102–421, § 111(2)(B), (C), amended pars. (4) and (6) generally. Prior to amendment, pars. (4) and (6) read as follows:

    “(4) appoint a president, professors, instructors, and other necessary employees for Gallaudet University, delegate to them such duties as it may deem advisable, fix their compensation, and remove them when, in their judgment, the interest of Gallaudet University shall require it; “(6) establish such departments and other units, including a department of higher learning for the deaf, a department of elementary education for the instruction of deaf children, a graduate department, and a research department, as the Board deems necessary to carry out the purpose of Gallaudet University;”.

    Enacted provision · exact public law section
    (B) in paragraph (4) by amending the paragraph to read as follows: “(4) appoint a president and establish policies, guidelines, and procedures related to the appointments, the salaries, and the dismissals of professors, instructors, and other employees of Gallaudet University, including the adoption of a policy of outreach and recruitment to employ and advance in employment qualified individuals with disabilities, particularly individuals who are deaf or individuals who are hard of hearing.”; and

    Effective date note
    Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

  5. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 101(c) · 106 Stat. 2151

    Changed · 20 U.S.C. § 4303(b)(8)

    Pub. L. 102–421, § 101(c), made technical amendment to reference to section 4353 of this title to reflect change in reference to corresponding section of original act

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 102–421, § 101(c), made technical amendment to reference to section 4353 of this title to reflect change in reference to corresponding section of original act.

    Enacted provision · exact public law section
    (c) Cross-Reference.— The Education of the Deaf Act of 1986, as amended by subsection (b) of this section, is amended in section 20 USC 4303. 103(b)(8) by striking “section 403” and inserting “section 203”.

    Effective date note
    Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

  6. Education of the Deaf Act Amendments of 1993

    Pub. L. 103–73 § 203(c)(1) · 107 Stat. 718

    1. Substituted · 20 U.S.C. § 4303(a)

      Pub. L. 103–73, § 203(c)(1), in par. (1) substituted “members who shall include—” for “members selected as follows:” in introductory provisions

    2. Inserted · 20 U.S.C. § 4303(a)

      Pub. L. 103–73, § 203(c)(1), in par. (1) inserted comma after “Association” in subpar. (B)

    3. Redesignated · 20 U.S.C. § 4303(a)

      Pub. L. 103–73, § 203(c)(1), in par. (1) redesignated second sentence of par. (1) as par. (2)

    4. Redesignated · 20 U.S.C. § 4303(a)

      Pub. L. 103–73, § 203(c)(1), in par. (1) redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–73, § 203(c)(1), in par. (1) substituted “members who shall include—” for “members selected as follows:” in introductory provisions and inserted comma after “Association” in subpar. (B), redesignated second sentence of par. (1) as par. (2), and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “members selected as follows:” in paragraph (1) and inserting “members who shall include—”; (B) by inserting a comma after “Association” in paragraph (1)(B); (C) by redesignating paragraph (2) as paragraph (3); and (D) by redesignating the second sentence of paragraph

  7. Education of the Deaf Act Amendments of 1993

    Pub. L. 103–73 § 203(c)(2) · 107 Stat. 718

    1. Inserted · 20 U.S.C. § 4303(b)

      Pub. L. 103–73, § 203(c)(2), inserted comma after “facilities)” in par. (1)

    2. Substituted · 20 U.S.C. § 4303(b)

      Pub. L. 103–73, § 203(c)(2), substituted “or hard of hearing;” for “or individuals who are hard of hearing.” in par. (4)

    3. Struck · 20 U.S.C. § 4303(b)

      Pub. L. 103–73, § 203(c)(2), struck out “the provisions of” before “section 4353” in par. (8)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–73, § 203(c)(2), inserted comma after “facilities)” in par. (1), substituted “or hard of hearing;” for “or individuals who are hard of hearing.” in par. (4), and struck out “the provisions of” before “section 4353” in par. (8).

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by inserting a comma after “facilities)” in paragraph (1); (B) in paragraph (4)— (i) by striking “or individuals who are” and inserting “or”; and (ii) by striking the period at the end thereof and inserting in lieu thereof a semicolon; and (C) by striking out “the provisions of” in paragraph (8).

12 of 12 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in sections 691d and 691e of this title prior to repeal by Pub. L. 99–371.

Amendments1992–1993 · 2 rounds

1993

Subsec. (a). Pub. L. 103–73, § 203(c)(1), in par. (1) substituted “members who shall include—” for “members selected as follows:” in introductory provisions and inserted comma after “Association” in subpar. (B), redesignated second sentence of par. (1) as par. (2), and redesignated former par. (2) as (3).

Subsec. (b). Pub. L. 103–73, § 203(c)(2), inserted comma after “facilities)” in par. (1), substituted “or hard of hearing;” for “or individuals who are hard of hearing.” in par. (4), and struck out “the provisions of” before “section 4353” in par. (8).

1992

Subsec. (a)(1)(B). Pub. L. 102–421, § 111(1), struck out “, who on , shall include those individuals serving as nonpublic members of the Board of Trustees of Gallaudet College immediately prior to ,” after “elected by the Board of Trustees”.

Subsec. (b)(1). Pub. L. 102–421, § 111(2)(A), inserted “(including the construction of buildings and other facilities)” after “corporation”.

Subsec. (b)(4), (6). Pub. L. 102–421, § 111(2)(B), (C), amended pars. (4) and (6) generally. Prior to amendment, pars. (4) and (6) read as follows:

“(4) appoint a president, professors, instructors, and other necessary employees for Gallaudet University, delegate to them such duties as it may deem advisable, fix their compensation, and remove them when, in their judgment, the interest of Gallaudet University shall require it;

“(6) establish such departments and other units, including a department of higher learning for the deaf, a department of elementary education for the instruction of deaf children, a graduate department, and a research department, as the Board deems necessary to carry out the purpose of Gallaudet University;”.

Subsec. (b)(8). Pub. L. 102–421, § 101(c), made technical amendment to reference to section 4353 of this title to reflect change in reference to corresponding section of original act.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–421 effective , see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

Credits

1986–1993 · 3 acts
  1. 1986Pub. L. 99–371, title I, § 103, , 100 Stat. 782
  2. 1992Pub. L. 102–421, title I, §§ 101(c), 111, , 106 Stat. 2152
  3. 1993Pub. L. 103–73, title II, § 203(c), , 107 Stat. 733.
Show as published

(Pub. L. 99–371, title I, § 103, , 100 Stat. 782; Pub. L. 102–421, title I, §§ 101(c), 111, , 106 Stat. 2152; Pub. L. 103–73, title II, § 203(c), , 107 Stat. 733.)

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