KS
Kansas House Bill HB2539

Kansas 2023-2024 Regular Session

Kansas House Bill HB2539 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 Session of 2024
22 HOUSE BILL No. 2539
33 By Committee on Education
44 Requested by Representative Thomas
55 1-18
66 AN ACT concerning postsecondary education; relating to the Kansas
77 promise scholarship act; removing the Kansas residency requirement
88 for eligibility for such scholarships; modifying the definition of part-
99 time student; amending K.S.A. 2023 Supp. 74-32,271, 74-32,275 and
1010 74-32,276 and repealing the existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2023 Supp. 74-32,271 is hereby amended to read as
1313 follows: 74-32,271. (a) K.S.A. 2023 Supp. 74-32,271 et seq., and
1414 amendments thereto, shall be known and may be cited as the Kansas
1515 promise scholarship act.
1616 (b) As used in the Kansas promise scholarship act:
1717 (1) "Eligible postsecondary educational institution" means:
1818 (A) Any community college or technical college established under
1919 the laws of this state and with a recognized service area;
2020 (B) the Washburn institute of technology; or
2121 (C) any not-for-profit institution of postsecondary education with its
2222 main campus or principal place of operation in Kansas that offers a
2323 promise eligible program, is operated independently and not controlled or
2424 administered by any state agency or subdivision of the state, maintains
2525 open enrollment and is accredited by a nationally recognized accrediting
2626 agency for higher education in the United States.
2727 (2) "Military servicemember" means the same as defined in K.S.A.
2828 2023 Supp. 48-3406, and amendments thereto.
2929 (3) "Part-time student" means a student who is:
3030 (A) (i) Enrolled for six credit hours or more in the fall, summer or
3131 spring semester and is; or
3232 (ii) enrolled in a five-credit hour certification program; and
3333 (B) not enrolled as a full-time student.
3434 (4) "Promise eligible program" means any two-year associate degree
3535 program or career and technical education certificate or stand-alone
3636 program offered by an eligible postsecondary educational institution that
3737 is:
3838 (A) Approved by the state board of regents;
3939 (B) high wage, high demand or critical need; and
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35 HB 2539 2
7575 (C) identified as a "promise eligible program" by the state board of
7676 regents pursuant to K.S.A. 2023 Supp. 74-32,272, and amendments
7777 thereto, or a "promise eligible program" within a field of study designated
7878 by an eligible postsecondary educational institution pursuant to K.S.A.
7979 2023 Supp. 74-32,273, and amendments thereto.
8080 Sec. 2. K.S.A. 2023 Supp. 74-32,275 is hereby amended to read as
8181 follows: 74-32,275. (a) To be eligible for a Kansas promise scholarship, a
8282 student shall:
8383 (1) Be a United States citizen;
8484 (2) be a Kansas resident;
8585 (3) (A) have graduated from an accredited Kansas public or private
8686 secondary school within the preceding 12 months;
8787 (B) have completed the requirements for graduation at a non-
8888 accredited private secondary school as provided in K.S.A. 72-4345, and
8989 amendments thereto, within the preceding 12 months;
9090 (C) attended an accredited Kansas public or private secondary school
9191 or non-accredited private school as provided in K.S.A. 72-4345, and
9292 amendments thereto, and obtained a high school equivalency certificate
9393 within the preceding 12 months;
9494 (D) upon application for a scholarship, have been a resident of
9595 Kansas for three or more consecutive years as evidenced by the date of
9696 issuance on a Kansas-issued identification card or through Kansas voter
9797 registration records or Kansas income tax documentation;
9898 (E) be a dependent child of a military servicemember permanently
9999 stationed in another state and who, within the preceding 12 months,
100100 graduated from any out-of-state secondary school or obtained a high
101101 school equivalency certificate; or
102102 (F)(E) have been in the custody of the secretary for children and
103103 families at any time such student was enrolled in and attending any of the
104104 grades nine through 12 and not eligible for assistance under the Kansas
105105 foster child educational assistance act, K.S.A. 75-53,111 et seq., and
106106 amendments thereto;
107107 (4)(3) complete the required scholarship application on such forms
108108 and in such manner as established by the state board of regents;
109109 (5)(4) enter into a Kansas promise scholarship agreement pursuant to
110110 K.S.A. 2023 Supp. 74-32,276, and amendments thereto;
111111 (6)(5) complete the free application for federal student aid for the
112112 academic year in which the student applies to receive a Kansas promise
113113 scholarship. Such submitted application shall be determined to be valid
114114 and free of error codes in order to calculate the amount of scholarship to
115115 be awarded; and
116116 (7)(6) enroll in an eligible postsecondary educational institution in a
117117 promise eligible program.
118118 1
119119 2
120120 3
121121 4
122122 5
123123 6
124124 7
125125 8
126126 9
127127 10
128128 11
129129 12
130130 13
131131 14
132132 15
133133 16
134134 17
135135 18
136136 19
137137 20
138138 21
139139 22
140140 23
141141 24
142142 25
143143 26
144144 27
145145 28
146146 29
147147 30
148148 31
149149 32
150150 33
151151 34
152152 35
153153 36
154154 37
155155 38
156156 39
157157 40
158158 41
159159 42
160160 43 HB 2539 3
161161 (b) (1) To continue to receive a Kansas promise scholarship, a student
162162 shall:
163163 (A) Maintain satisfactory academic progress, including a grade point
164164 average of 2.0 or higher, or the equivalent thereof, in the courses of the
165165 promise eligible program for which the student received a Kansas promise
166166 scholarship; and
167167 (B) satisfy the requirements of a Kansas promise scholarship
168168 agreement as provided in K.S.A. 2023 Supp. 74-32,276, and amendments
169169 thereto.
170170 (2) Any student who entered into a Kansas promise scholarship
171171 agreement under the provisions of the Kansas promise scholarship act as
172172 such act existed at the time such agreement was entered into shall be
173173 entitled to continue to use such Kansas promise scholarship and receive
174174 scholarship renewals to fulfill the requirements of such student's Kansas
175175 promise scholarship agreement. No subsequent revision or amendment to
176176 the Kansas promise scholarship act, the rules and regulations adopted
177177 thereunder, the list of approved promise eligible programs or the
178178 appropriations made pursuant to such act shall have the effect of
179179 terminating a student's Kansas promise scholarship agreement solely due
180180 to such amendment or revision.
181181 (c) Nothing in this act shall prohibit a student who received
182182 postsecondary course credit while enrolled in high school from qualifying
183183 for a Kansas promise scholarship.
184184 Sec. 3. K.S.A. 2023 Supp. 74-32,276 is hereby amended to read as
185185 follows: 74-32,276. (a) As a condition to receiving a Kansas promise
186186 scholarship, an eligible student shall enter into a Kansas promise
187187 scholarship agreement with the state board of regents. The eligible
188188 postsecondary educational institution making the scholarship award to
189189 such student shall counsel each eligible student on the requirements and
190190 conditions of the promise scholarship agreement. Such agreement shall
191191 require any student who receives a Kansas promise scholarship to:
192192 (1) Enroll as a full-time or part-time student at the eligible
193193 postsecondary educational institution from which the student is receiving a
194194 Kansas promise scholarship and engage in and complete the required
195195 promise eligible program within 36 months of the date the scholarship was
196196 first awarded;
197197 (2) within six months after graduation from the promise eligible
198198 program:
199199 (A) Reside in and Commence work in the state of Kansas and
200200 maintain such employment for at least two consecutive years following
201201 completion of such program. A scholarship recipient may use a W-2 wage
202202 and tax statement showing Kansas withholding or estimated income tax to
203203 the state of Kansas as proof of work in Kansas; or
204204 1
205205 2
206206 3
207207 4
208208 5
209209 6
210210 7
211211 8
212212 9
213213 10
214214 11
215215 12
216216 13
217217 14
218218 15
219219 16
220220 17
221221 18
222222 19
223223 20
224224 21
225225 22
226226 23
227227 24
228228 25
229229 26
230230 27
231231 28
232232 29
233233 30
234234 31
235235 32
236236 33
237237 34
238238 35
239239 36
240240 37
241241 38
242242 39
243243 40
244244 41
245245 42
246246 43 HB 2539 4
247247 (B) enroll as a full-time or part-time student in any public or private
248248 postsecondary educational institution with its primary location in Kansas
249249 and upon graduation or failure to re-enroll, reside in and commence work
250250 in Kansas and maintain such employment for at least two consecutive
251251 years following the completion of such program;
252252 (3) maintain records and make reports to the state board of regents on
253253 such forms and in such manner as required by the state board of regents to
254254 document the satisfaction of the requirements of this act; and
255255 (4) upon failure to satisfy the requirements of a Kansas promise
256256 scholarship agreement, repay the amount of the Kansas promise
257257 scholarship the student received under the program as provided in
258258 subsection (b) to the state board of regents.
259259 (b) (1) Except as provided in subsection (c), if any student who
260260 receives a Kansas promise scholarship fails to satisfy the requirements of a
261261 Kansas promise scholarship agreement, such student shall pay an amount
262262 equal to the total amount of money received by such student pursuant to
263263 such agreement that is financed by the state of Kansas plus accrued
264264 interest at a rate equivalent to the interest rate applicable to loans made
265265 under the federal PLUS program at the time such student's first course
266266 funded by a Kansas promise scholarship award began. Interest shall begin
267267 accruing on the date the student is determined to be out of compliance with
268268 the Kansas promise scholarship agreement. Monthly installment payments
269269 of such amounts may be made in accordance with rules and regulations of
270270 the state board of regents. Such installment payments shall begin six
271271 months after the date of the action or circumstances that cause such
272272 student to fail to satisfy the requirements of a Kansas promise scholarship
273273 agreement, as determined by the state board of regents upon the
274274 circumstances of each individual case. All moneys received pursuant to
275275 this subsection shall be remitted to the state treasurer in accordance with
276276 the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
277277 of each such remittance, the state treasurer shall deposit the entire amount
278278 in the state treasury to the credit of the Kansas promise scholarship
279279 program fund.
280280 (2) For any Kansas promise scholarship awarded on or after July 1,
281281 2021, the state board of regents shall be the sole entity responsible for
282282 collecting or recouping any Kansas promise scholarship funds required to
283283 be repaid by a student who fails to satisfy the requirements of a Kansas
284284 promise scholarship agreement pursuant to this section.
285285 (3) The state board of regents is authorized to turn any repayment
286286 account arising under this act to a designated loan servicer or collection
287287 agency to collect on the state board's behalf, the state not being involved
288288 other than to receive payments from the loan servicer or collection agency
289289 at the interest rate prescribed under this subsection.
290290 1
291291 2
292292 3
293293 4
294294 5
295295 6
296296 7
297297 8
298298 9
299299 10
300300 11
301301 12
302302 13
303303 14
304304 15
305305 16
306306 17
307307 18
308308 19
309309 20
310310 21
311311 22
312312 23
313313 24
314314 25
315315 26
316316 27
317317 28
318318 29
319319 30
320320 31
321321 32
322322 33
323323 34
324324 35
325325 36
326326 37
327327 38
328328 39
329329 40
330330 41
331331 42
332332 43 HB 2539 5
333333 (4) Eligible postsecondary educational institutions and each state
334334 agency are authorized to provide academic, employment, residency and
335335 contact information regarding students who received a Kansas promise
336336 scholarship to the state board of regents for the purposes of:
337337 (A) Determining whether or not a student satisfied the requirements
338338 of this act and the Kansas promise scholarship agreement; and
339339 (B) aiding in the collection or recoupment of any funds required to be
340340 repaid pursuant to this section.
341341 (5) Eligible postsecondary educational institutions shall:
342342 (A) Provide annually to the state board of regents the last known
343343 contact information of each student who received a Kansas promise
344344 scholarship until the requirements of the program and scholarship
345345 agreement are complete; and
346346 (B) notify the state board of regents when a student who received a
347347 Kansas promise scholarship:
348348 (i) Completes the program of study for which the student received the
349349 scholarship or has exhausted scholarship benefits; and
350350 (ii) exceeds the 36-month program completion requirement provided
351351 in this section. This requirement shall apply to any Kansas promise
352352 scholarship awarded on or after July 1, 2021.
353353 (6) For any Kansas promise scholarship awarded on or after July 1,
354354 2021, eligible postsecondary educational institutions shall not be
355355 considered a contractor of the state nor shall such institutions be required
356356 to participate in tracking, collecting or recouping any funds required to be
357357 repaid by a student who fails to satisfy the requirements of a Kansas
358358 promise scholarship agreement pursuant to this section.
359359 (c) Any requirement of a Kansas promise scholarship agreement
360360 entered into pursuant to this section may be postponed for good cause in
361361 accordance with rules and regulations of the state board of regents.
362362 (d) A scholarship recipient satisfies the requirements of the Kansas
363363 promise scholarship program if such recipient:
364364 (1) Completes the requirements of the scholarship agreement;
365365 (2) commences service as a military servicemember after receiving a
366366 Kansas promise scholarship;
367367 (3) fails to satisfy the requirements after making the best possible
368368 effort to do so as determined by the state board of regents;
369369 (4) is unable to obtain employment or continue in employment after
370370 making the best possible effort to do so; or
371371 (5) is unable to satisfy the requirements due to disability or death of
372372 the scholarship recipient.
373373 Sec. 4. K.S.A. 2023 Supp. 74-32,271, 74-32,275 and 74-32,276 are
374374 hereby repealed.
375375 Sec. 5. This act shall take effect and be in force from and after its
376376 1
377377 2
378378 3
379379 4
380380 5
381381 6
382382 7
383383 8
384384 9
385385 10
386386 11
387387 12
388388 13
389389 14
390390 15
391391 16
392392 17
393393 18
394394 19
395395 20
396396 21
397397 22
398398 23
399399 24
400400 25
401401 26
402402 27
403403 28
404404 29
405405 30
406406 31
407407 32
408408 33
409409 34
410410 35
411411 36
412412 37
413413 38
414414 39
415415 40
416416 41
417417 42
418418 43 HB 2539 6
419419 publication in the statute book.1