§4303 — Title 20 Education | U.S. Code

Summary

Creates a 21-member Board of Trustees to run Gallaudet University. The board includes three public members (one U.S. Senator chosen by the President of the Senate and two Representatives chosen by the Speaker of the House) and 18 other trustees elected by the board. One of those 18 is chosen after a nomination from the Gallaudet University Alumni Association and serves a three-year term. The Senator and Representatives serve two-year terms starting at the beginning of each Congress, can be reappointed, and stay in place until successors are named. The board fills any vacancies except for the public members. Nine trustees make a quorum. By majority vote, the board can remove any trustee except the public members for failure to do their duties or if removal is judged to be in the university’s interest. The board must make rules and policies for running the university, managing property and funds, and handling student admission, instruction, care, and dismissal. It can adopt a corporate seal, set meeting dates, hire a president, and make hiring, pay, and firing rules for staff. The board must adopt outreach policies to hire and promote qualified people with disabilities, especially those who are deaf or hard of hearing. It can elect officers, create a five-member executive committee with powers between meetings, set up schools and departments, grant degrees and diplomas, and control spending and investing of money, including Congressional appropriations (subject to section 4353) and other funds.

Title 20, §4303

Education — Source: USLM XML via OLRC

(a)(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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

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

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”. 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 AmendmentAmendment 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.

§4303 Board of Trustees