Session of 2024
HOUSE BILL No. 2539
By Committee on Education
Requested by Representative Thomas
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AN ACT concerning postsecondary education; relating to the Kansas
promise scholarship act; removing the Kansas residency requirement
for eligibility for such scholarships; modifying the definition of part-
time student; amending K.S.A. 2023 Supp. 74-32,271, 74-32,275 and
74-32,276 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 74-32,271 is hereby amended to read as
follows: 74-32,271. (a) K.S.A. 2023 Supp. 74-32,271 et seq., and
amendments thereto, shall be known and may be cited as the Kansas
promise scholarship act.
(b) As used in the Kansas promise scholarship act:
(1) "Eligible postsecondary educational institution" means:
(A) Any community college or technical college established under
the laws of this state and with a recognized service area;
(B) the Washburn institute of technology; or
(C) any not-for-profit institution of postsecondary education with its
main campus or principal place of operation in Kansas that offers a
promise eligible program, is operated independently and not controlled or
administered by any state agency or subdivision of the state, maintains
open enrollment and is accredited by a nationally recognized accrediting
agency for higher education in the United States.
(2) "Military servicemember" means the same as defined in K.S.A.
2023 Supp. 48-3406, and amendments thereto.
(3) "Part-time student" means a student who is:
(A) (i) Enrolled for six credit hours or more in the fall, summer or
spring semester and is; or
(ii) enrolled in a five-credit hour certification program; and
(B) not enrolled as a full-time student.
(4) "Promise eligible program" means any two-year associate degree
program or career and technical education certificate or stand-alone
program offered by an eligible postsecondary educational institution that
is:
(A) Approved by the state board of regents;
(B) high wage, high demand or critical need; and
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(C) identified as a "promise eligible program" by the state board of
regents pursuant to K.S.A. 2023 Supp. 74-32,272, and amendments
thereto, or a "promise eligible program" within a field of study designated
by an eligible postsecondary educational institution pursuant to K.S.A.
2023 Supp. 74-32,273, and amendments thereto.
Sec. 2. K.S.A. 2023 Supp. 74-32,275 is hereby amended to read as
follows: 74-32,275. (a) To be eligible for a Kansas promise scholarship, a
student shall:
(1) Be a United States citizen;
(2) be a Kansas resident;
(3) (A) have graduated from an accredited Kansas public or private
secondary school within the preceding 12 months;
(B) have completed the requirements for graduation at a non-
accredited private secondary school as provided in K.S.A. 72-4345, and
amendments thereto, within the preceding 12 months;
(C) attended an accredited Kansas public or private secondary school
or non-accredited private school as provided in K.S.A. 72-4345, and
amendments thereto, and obtained a high school equivalency certificate
within the preceding 12 months;
(D) upon application for a scholarship, have been a resident of
Kansas for three or more consecutive years as evidenced by the date of
issuance on a Kansas-issued identification card or through Kansas voter
registration records or Kansas income tax documentation;
(E) be a dependent child of a military servicemember permanently
stationed in another state and who, within the preceding 12 months,
graduated from any out-of-state secondary school or obtained a high
school equivalency certificate; or
(F)(E) have been in the custody of the secretary for children and
families at any time such student was enrolled in and attending any of the
grades nine through 12 and not eligible for assistance under the Kansas
foster child educational assistance act, K.S.A. 75-53,111 et seq., and
amendments thereto;
(4)(3) complete the required scholarship application on such forms
and in such manner as established by the state board of regents;
(5)(4) enter into a Kansas promise scholarship agreement pursuant to
K.S.A. 2023 Supp. 74-32,276, and amendments thereto;
(6)(5) complete the free application for federal student aid for the
academic year in which the student applies to receive a Kansas promise
scholarship. Such submitted application shall be determined to be valid
and free of error codes in order to calculate the amount of scholarship to
be awarded; and
(7)(6) enroll in an eligible postsecondary educational institution in a
promise eligible program.
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(b) (1) To continue to receive a Kansas promise scholarship, a student
shall:
(A) Maintain satisfactory academic progress, including a grade point
average of 2.0 or higher, or the equivalent thereof, in the courses of the
promise eligible program for which the student received a Kansas promise
scholarship; and
(B) satisfy the requirements of a Kansas promise scholarship
agreement as provided in K.S.A. 2023 Supp. 74-32,276, and amendments
thereto.
(2) Any student who entered into a Kansas promise scholarship
agreement under the provisions of the Kansas promise scholarship act as
such act existed at the time such agreement was entered into shall be
entitled to continue to use such Kansas promise scholarship and receive
scholarship renewals to fulfill the requirements of such student's Kansas
promise scholarship agreement. No subsequent revision or amendment to
the Kansas promise scholarship act, the rules and regulations adopted
thereunder, the list of approved promise eligible programs or the
appropriations made pursuant to such act shall have the effect of
terminating a student's Kansas promise scholarship agreement solely due
to such amendment or revision.
(c) Nothing in this act shall prohibit a student who received
postsecondary course credit while enrolled in high school from qualifying
for a Kansas promise scholarship.
Sec. 3. K.S.A. 2023 Supp. 74-32,276 is hereby amended to read as
follows: 74-32,276. (a) As a condition to receiving a Kansas promise
scholarship, an eligible student shall enter into a Kansas promise
scholarship agreement with the state board of regents. The eligible
postsecondary educational institution making the scholarship award to
such student shall counsel each eligible student on the requirements and
conditions of the promise scholarship agreement. Such agreement shall
require any student who receives a Kansas promise scholarship to:
(1) Enroll as a full-time or part-time student at the eligible
postsecondary educational institution from which the student is receiving a
Kansas promise scholarship and engage in and complete the required
promise eligible program within 36 months of the date the scholarship was
first awarded;
(2) within six months after graduation from the promise eligible
program:
(A) Reside in and Commence work in the state of Kansas and
maintain such employment for at least two consecutive years following
completion of such program. A scholarship recipient may use a W-2 wage
and tax statement showing Kansas withholding or estimated income tax to
the state of Kansas as proof of work in Kansas; or
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(B) enroll as a full-time or part-time student in any public or private
postsecondary educational institution with its primary location in Kansas
and upon graduation or failure to re-enroll, reside in and commence work
in Kansas and maintain such employment for at least two consecutive
years following the completion of such program;
(3) maintain records and make reports to the state board of regents on
such forms and in such manner as required by the state board of regents to
document the satisfaction of the requirements of this act; and
(4) upon failure to satisfy the requirements of a Kansas promise
scholarship agreement, repay the amount of the Kansas promise
scholarship the student received under the program as provided in
subsection (b) to the state board of regents.
(b) (1) Except as provided in subsection (c), if any student who
receives a Kansas promise scholarship fails to satisfy the requirements of a
Kansas promise scholarship agreement, such student shall pay an amount
equal to the total amount of money received by such student pursuant to
such agreement that is financed by the state of Kansas plus accrued
interest at a rate equivalent to the interest rate applicable to loans made
under the federal PLUS program at the time such student's first course
funded by a Kansas promise scholarship award began. Interest shall begin
accruing on the date the student is determined to be out of compliance with
the Kansas promise scholarship agreement. Monthly installment payments
of such amounts may be made in accordance with rules and regulations of
the state board of regents. Such installment payments shall begin six
months after the date of the action or circumstances that cause such
student to fail to satisfy the requirements of a Kansas promise scholarship
agreement, as determined by the state board of regents upon the
circumstances of each individual case. All moneys received pursuant to
this subsection shall be remitted to the state treasurer in accordance with
the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the Kansas promise scholarship
program fund.
(2) For any Kansas promise scholarship awarded on or after July 1,
2021, the state board of regents shall be the sole entity responsible for
collecting or recouping any Kansas promise scholarship funds required to
be repaid by a student who fails to satisfy the requirements of a Kansas
promise scholarship agreement pursuant to this section.
(3) The state board of regents is authorized to turn any repayment
account arising under this act to a designated loan servicer or collection
agency to collect on the state board's behalf, the state not being involved
other than to receive payments from the loan servicer or collection agency
at the interest rate prescribed under this subsection.
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(4) Eligible postsecondary educational institutions and each state
agency are authorized to provide academic, employment, residency and
contact information regarding students who received a Kansas promise
scholarship to the state board of regents for the purposes of:
(A) Determining whether or not a student satisfied the requirements
of this act and the Kansas promise scholarship agreement; and
(B) aiding in the collection or recoupment of any funds required to be
repaid pursuant to this section.
(5) Eligible postsecondary educational institutions shall:
(A) Provide annually to the state board of regents the last known
contact information of each student who received a Kansas promise
scholarship until the requirements of the program and scholarship
agreement are complete; and
(B) notify the state board of regents when a student who received a
Kansas promise scholarship:
(i) Completes the program of study for which the student received the
scholarship or has exhausted scholarship benefits; and
(ii) exceeds the 36-month program completion requirement provided
in this section. This requirement shall apply to any Kansas promise
scholarship awarded on or after July 1, 2021.
(6) For any Kansas promise scholarship awarded on or after July 1,
2021, eligible postsecondary educational institutions shall not be
considered a contractor of the state nor shall such institutions be required
to participate in tracking, collecting or recouping any funds required to be
repaid by a student who fails to satisfy the requirements of a Kansas
promise scholarship agreement pursuant to this section.
(c) Any requirement of a Kansas promise scholarship agreement
entered into pursuant to this section may be postponed for good cause in
accordance with rules and regulations of the state board of regents.
(d) A scholarship recipient satisfies the requirements of the Kansas
promise scholarship program if such recipient:
(1) Completes the requirements of the scholarship agreement;
(2) commences service as a military servicemember after receiving a
Kansas promise scholarship;
(3) fails to satisfy the requirements after making the best possible
effort to do so as determined by the state board of regents;
(4) is unable to obtain employment or continue in employment after
making the best possible effort to do so; or
(5) is unable to satisfy the requirements due to disability or death of
the scholarship recipient.
Sec. 4. K.S.A. 2023 Supp. 74-32,271, 74-32,275 and 74-32,276 are
hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
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publication in the statute book.1