Session of 2023
SENATE BILL No. 102
By Committee on Education
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AN ACT concerning postsecondary education; relating to technical
colleges; establishing residency criteria for students of technical
colleges; amending K.S.A. 71-1803 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Persons enrolling in a technical college who, if
adults, have been domiciliary residents of the state of Kansas or, if such
persons are minors, whose parents have been domiciliary residents of the
state of Kansas for at least six months prior to enrollment for any term or
session are residents for fee purposes. All other persons are nonresidents of
the state of Kansas for fee purposes.
(b) The state board of regents may authorize the following persons, or
any class or classes thereof, and their spouses and dependents to pay an
amount equal to resident fees at technical colleges:
(1) Employees of a technical college;
(2) persons having special domestic relations circumstances;
(3) persons who have lost their resident status within six months of
enrollment;
(4) active duty military servicemembers;
(5) domiciliary residents of the state who were in active military
service prior to becoming domiciliary residents of the state who were
present in the state for a period of not less than two years during such
residents' tenure in active military service if domiciliary residence was
established in the state within 30 days of discharge or retirement from
active military service under honorable conditions whose domiciliary
residence was not timely enough established to meet the residence
duration requirement of subsection (a);
(6) persons who are not domiciliary residents of the state, have
graduated from a high school accredited by the state board of education
within six months of enrollment, were domiciliary residents of the state at
the time of graduation from high school or within 12 months prior to
graduation from high school and are entitled to admission at a state
educational institution pursuant to K.S.A. 76-717b, and amendments
thereto; or
(7) persons who are domiciliary residents of the state whose
domiciliary residence was established in the state for the purpose of
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accepting, upon recruitment by an employer, or retaining, upon transfer
required by an employer, a position of full-time employment at a place of
employment in Kansas, but whose domiciliary residence was not timely
enough established to meet the residence duration requirement of
subsection (a) if such persons were not otherwise eligible for authorization
to pay an amount equal to resident fees under this subsection.
Sec. 2. K.S.A. 71-1803 is hereby amended to read as follows: 71-
1803. (a) In each fiscal year, commencing with the 2012 fiscal year, each
community college, technical college and the Washburn institute of
technology is eligible for postsecondary tiered technical education state aid
from the state general fund for postsecondary tiered technical course credit
hours approved by the state board and delivered by the institution to
students who are residents of the state of Kansas, in an amount to be
determined by the state board using a credit hour cost calculation model
that:
(1) Is tiered to recognize and support cost differentials in providing
high-demand, high-tech training;
(2) takes into consideration target industries critical to the Kansas
economy;
(3) is responsive to program growth;
(4) takes into consideration local taxing authority for credit hours
generated by in-district students; and
(5) includes other factors and considerations as deemed necessary or
advisable by the state board. The state board shall establish the rates to be
used as the state's share in a given year, as well as in the actual
distribution.
(b) In each fiscal year, each community college, technical college and
the Washburn institute of technology is eligible for postsecondary non-
tiered education state aid from the state general fund for postsecondary
non-tiered course credit hours approved by the state board and delivered
by the institution to students who are residents of the state of Kansas, in an
amount determined by the state board. The state board shall establish the
rates to be used as the state's share in a given year, as well as in the actual
distribution.
(c) For purposes of K.S.A. 71-1801 through 71-1810, and
amendments thereto, residency for all community college students shall be
determined in accordance with K.S.A. 71-406 and 71-407, and
amendments thereto, and residency for all technical college and Washburn
institute of technology students shall be determined in accordance with
laws or policies applicable to those institutions section 1, and amendments
thereto.
(c) In fiscal year 2012, any portion of the appropriation for
postsecondary tiered technical education state aid that an institution
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actually receives that is in excess of the amount of community college
operating grant or postsecondary aid that the institution received for fiscal
year 2011 shall be considered new state funds for purposes of K.S.A. 74-
3202d, and amendments thereto.
Sec. 3. K.S.A. 71-1803 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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