Kansas 2023-2024 Regular Session

Kansas Senate Bill SB378 Latest Draft

Bill / Introduced Version Filed 01/23/2024

                            Session of 2024
SENATE BILL No. 378
By Senator Olson
1-23
AN ACT concerning postsecondary education; relating to the state board 
of regents; making and concerning appropriations to the state board of 
regents for fiscal year 2025; providing grants to community colleges, 
technical colleges and the Washburn institute of technology for capital 
improvements of trade program buildings and facilities and for repairs 
and purchases of trade program educational equipment and fixtures; 
establishing the Kansas trade service scholarship act to provide 
scholarships to students who enroll in certain trade programs; creating 
the Kansas trade service scholarship fund.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 
STATE BOARD OF REGENTS
(a) There is appropriated for the above agency from the state general 
fund for the fiscal year ending June 30, 2025, the following:
Kansas trade service scholarship................................................$10,000,000
Provided, That expenditures shall be made by the above agency from the 
Kansas trade service scholarship account to implement the provisions of 
sections 2 through 7, and amendments thereto.
Trade program capital improvement grants...............................$10,010,000
Provided, That expenditures shall be made by the above agency from the 
trade program capital improvement grants account for fiscal year 2025 to 
provide a grant to each community college and to each of the following 
technical colleges: Flint Hills technical college; Manhattan area technical 
college; north central Kansas technical college; Fort Hays state university; 
northwest Kansas technical college; Salina area technical college; 
Washburn institute of technology; and Wichita state university campus of 
applied sciences and technology; Provide further, That each such college 
shall receive a grant in an amount of $385,000 for capital improvements of 
trade program buildings and facilities and for repairs and purchases of 
trade program educational equipment and fixtures.
Sec. 2. (a) Sections 2 through 7, and amendments thereto, shall be 
known and may be cited as the Kansas trade service scholarship act.
(b) As used in the Kansas trade service scholarship act:
(1) "Eligible postsecondary educational institution" means:
(A) Any community college or technical college established under 
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the laws of this state; 
(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 an 
eligible trade 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) "Eligible trade program" means any career and technical 
education certificate or stand-alone trade program offered by an eligible 
postsecondary educational institution that is approved by the state board of 
regents as an eligible trade program pursuant to section 3, and 
amendments thereto.
(3) "Military servicemember" means the same as defined in K.S.A. 
2023 Supp. 48-3406, and amendments thereto.
(4) "Part-time student" means a student who is enrolled for six credit 
hours or more in the fall, summer or spring semester and is not enrolled as 
a full-time student.
Sec. 3. (a) There is hereby established the Kansas trade service 
scholarship program. The state board of regents shall implement and 
administer the program.
(b) On or before March 1, 2025, the state board of regents shall adopt 
rules and regulations to implement and administer the Kansas trade service 
scholarship program. Such rules and regulations shall establish:
(1) A scholarship application process, including, but not limited to, 
accepting scholarship applications throughout the academic year and 
processing such applications in the order such applications were received;
(2) appeal procedures for denial or revocation of a scholarship;
(3) the terms, conditions and requirements that shall be incorporated 
into each scholarship agreement, which shall not be more stringent than 
the requirements provided in this act;
(4) procedures for requesting and approving medical, military and 
personal absences from an eligible postsecondary educational institution 
while receiving a scholarship;
(5) criteria for determining whether a student who received a Kansas 
trade service scholarship fulfilled the residency, employment and 
repayment requirements included in a scholarship agreement as provided 
in section 6, and amendments thereto; and
(6) criteria for determining when a student who received scholarship 
may be released from the requirements of a scholarship, if there are special 
circumstances that caused such student to be unable to complete such 
requirements.
(c) The state board of regents shall:
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(1) Identify eligible trade programs offered by each eligible 
postsecondary educational institution in any of the following fields:
(A) Agricultural business, industry and operations;
(B) agriculture equipment and technology;
(C) animal science;
(D) land, pasture and crop management;
(E) food processing, technology and safety;
(F) aquaculture;
(G) heating, ventilation and air conditioning;
(H) plumbing;
(I) electrical;
(J) construction;
(K) welding and fabrication;
(L) automotive and diesel mechanics;
(M) aerospace mechanics;
(N) commercial driver's license training;
(O) autoCAD drafting;
(P) manufacturing technologies;
(Q) machining;
(R) masonry;
(S) robotics, including drones;
(T) electrical and telephone line worker;
(U) railroad training;
(V) carpentry;
(W) major appliance technology; and
(X) any other trade program offered by an eligible postsecondary 
educational institution that is approved by the board.
(2) work with community partners, such as community foundations, 
school districts, postsecondary educational institutions, Kansas business 
and industry and Kansas economic development organizations to publicize 
Kansas trade service scholarships, including, but not limited to, 
publicizing eligible postsecondary educational institutions, approved 
scholarship-eligible programs, application procedures and application 
deadlines;
(3) disburse funds to each eligible postsecondary educational 
institution for the purpose of awarding Kansas trade service scholarships;
(4) accept electronic signatures as sufficient and valid on all forms 
and agreements required by the Kansas trade service scholarship act and 
any rules and regulations adopted thereunder;
(5) enforce Kansas trade service scholarship agreements;
(6) collect any moneys repaid by students pursuant to section 6, and 
amendments thereto;
(7) determine whether students who received a Kansas trade service 
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scholarship fulfill the residency, employment and repayment requirements 
provided in section 6, and amendments thereto; and
(8) annually evaluate the Kansas trade service scholarship act and 
prepare and submit a report to the senate standing committee on education 
and the house of representatives standing committee on education. Such 
report shall include, but not be limited to, the total program cost for each 
trade program at each eligible postsecondary educational institution, the 
amount of scholarship moneys awarded that went to each trade program, 
the number of credit hours paid for with scholarship moneys, the amount 
of scholarship moneys expected to be awarded to each institution for each 
semester, the number of scholarships awarded, the total amount of 
scholarship moneys awarded, the amount of scholarship moneys provided 
for tuition, fees, books and supplies and a review of the employment of 
scholarship recipients, including, but not limited to, employment fields and 
geographic location of such employment.
(d) A student shall not be awarded a Kansas trade service scholarship 
if such student is awarded a Kansas promise scholarship pursuant to 
K.S.A. 74-32,271 et seq., and amendments thereto.
Sec. 4. (a) Subject to appropriations, the amount of a Kansas trade 
service scholarship for a student for each academic year shall be 
determined as follows:
(1) For a student enrolled in an eligible trade program offered by an 
eligible public postsecondary educational institution described in section 
2(b)(1)(A) or (B), and amendments thereto, the scholarship amount shall 
be the aggregate amount of tuition, required fees and the cost of books and 
required materials for the eligible trade program at the eligible 
postsecondary educational institution for the academic year in which the 
student is enrolled and receiving the scholarship minus the aggregate 
amount of all other aid awarded to such student for such academic year.
(2) For a student enrolled in a eligible trade program offered by an 
eligible private postsecondary educational institution described in section 
2(b)(1)(C), and amendments thereto, the scholarship amount shall be the 
aggregate amount of tuition, required fees and the cost of books and 
materials for such program for the academic year in which the student is 
enrolled and receiving the scholarship minus the aggregate amount of all 
other aid awarded to such student for such academic year, except that a 
scholarship awarded pursuant to this paragraph shall not exceed the 
average cost of tuition, required fees and the cost of books and required 
materials for such eligible trade program when offered by an eligible 
public postsecondary educational institution described in section 2(b)(1)
(A) or (B), and amendments thereto.
(b) Kansas trade service scholarships shall only be awarded to an 
eligible student whose family household income is equal to or less than:
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(1) $100,000 for a family of one or two;
(2) $150,000 for a family of three; or
(3) for household sizes larger than that of a family of three, the family 
of three amount plus $4,800 for each additional family member.
(c) (1) Kansas trade service scholarships shall be used only to pay for 
up to a total of 68 credit hours or a total of $20,000 in Kansas trade service 
scholarship awards, whichever is attained first, over the lifetime of the 
student who received the Kansas trade service scholarship regardless of 
the eligible postsecondary educational institution such student attended.
(2) Kansas trade service scholarship awards shall not be used to fund:
(A) Prerequisite classes required for an eligible trade program, unless 
such classes are a designated course within the eligible program; or
(B) any remedial course, as defined in K.S.A. 76-7,151, and 
amendments thereto, unless such course is offered in a corequisite format.
(d) The state board of regents shall disburse funds based on 
reimbursement requests from eligible postsecondary educational 
institutions. Reimbursement requests shall be based on the actual amount 
of Kansas trade service scholarship amounts awarded by an eligible 
postsecondary educational institution for the appropriate academic period. 
Any eligible postsecondary educational institution seeking reimbursement 
shall submit a reimbursement request to the state board of regents on or 
before September 1, December 1, March 1 and June 1 of each year. The 
state board of regents shall disburse the appropriate amount of funds to 
eligible postsecondary educational institutions on September 15, 
December 15, March 15 and June 15 of each year.
(e) As used in this section, "aid" means any grant, scholarship or 
financial assistance awards that do not require repayment. "Aid" does not 
include any military financial educational benefits or any family 
postsecondary savings account or other qualified tuition program 
established pursuant to section 529 of the internal revenue code of 1986, as 
amended.
Sec. 5. (a) To be eligible for a Kansas trade service 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) have 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 
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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 has graduated, within the preceding 12 
months, from any out-of-state secondary school or obtained a high school 
equivalency certificate; or
(F) 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) complete the required scholarship application on such forms and 
in such manner as established by the state board of regents;
(5) enter into a Kansas trade service scholarship agreement pursuant 
to K.S.A. section 6, and amendments thereto;
(6) complete the free application for federal student aid for the 
academic year in which the student applies to receive a Kansas trade 
service 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) enroll in an eligible postsecondary educational institution in an 
eligible trade program.
(b) To continue receiving a Kansas trade service scholarship, a 
student shall:
(1) Maintain satisfactory academic progress, including a grade point 
average of 2.0 or higher, or the equivalent thereof, in the graded courses of 
the eligible trade program for which the student received a Kansas trade 
service scholarship; and
(2) satisfy the requirements of a Kansas trade service scholarship 
agreement as provided in section 6, and amendments thereto.
Sec. 6. (a) As a condition to receiving a Kansas trade service 
scholarship, an eligible student shall enter into a Kansas trade service 
scholarship agreement with the state board of regents. The eligible 
postsecondary educational institution providing the scholarship award to 
such student shall counsel each eligible student on the requirements and 
conditions of the scholarship agreement. Such agreement shall require any 
student who receives a Kansas trade service 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 trade service scholarship and engage in and complete the eligible 
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trade program within 36 months of the date the scholarship was first 
awarded;
(2) within six months after graduation or completion of the eligible 
trade program:
(A) Reside and commence work in the state of Kansas 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
(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 and commence work in 
Kansas 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 trade service 
scholarship agreement, repay the amount of the Kansas trade service 
scholarship that 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 trade service scholarship fails to satisfy the requirements 
of a scholarship agreement, such student shall pay an amount equal to the 
total amount of moneys received by such student pursuant to such 
agreement and 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 when such student's first course funded by a 
Kansas trade service scholarship award began. Interest shall begin 
accruing on the date the student is determined to be out of compliance with 
the Kansas trade service 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 caused 
such student to fail to satisfy the requirements of a scholarship agreement, 
as determined by the state board of regents based on 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 trade service scholarship fund.
(2) The state board of regents shall be the sole entity responsible for 
collecting or recouping any Kansas trade service scholarship funds 
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required to be repaid by a student who fails to satisfy the requirements of a 
scholarship agreement pursuant to this section.
(3) The state board of regents is authorized to submit any repayment 
account arising under this act to a designated loan servicer or collection 
agency that shall collect on the state board's behalf.
(4) Each postsecondary educational institution and state agency is 
authorized to provide academic, employment, residency and contact 
information regarding students who received a Kansas trade service 
scholarship to the state board of regents for the purposes of:
(A) Determining whether or not a student satisfied the requirements 
of a scholarship agreement; and
(B) aiding in the collection or recoupment of any funds required to be 
repaid pursuant to this section.
(5) An eligible postsecondary educational institution shall:
(A) Provide annually to the state board of regents the last known 
contact information of each student who received a Kansas trade service 
scholarship until the requirements of the scholarship agreement are 
complete; and
(B) notify the state board of regents when a student who received a 
Kansas trade service scholarship:
(i) Completes the eligible trade program for which the student 
received the scholarship or has exhausted scholarship benefits; and
(ii) exceeds the 36-month completion requirement.
(6) 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 trade 
service scholarship agreement pursuant to this section.
(c) Any requirement of a Kansas trade service scholarship agreement 
entered into pursuant to this section may be postponed for good cause 
shown in accordance with rules and regulations of the state board of 
regents.
(d) A scholarship recipient satisfies the requirements of the Kansas 
trade service scholarship act if such recipient:
(1) Completes the requirements of the scholarship agreement;
(2) commences service as a military servicemember after receiving a 
Kansas trade service 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.
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Sec. 7. There is hereby created in the state treasury the Kansas trade 
service scholarship fund, which shall be administered by the state board of 
regents. All expenditures from the Kansas trade service scholarship fund 
shall be for scholarships awarded pursuant to the Kansas trade service 
scholarship act. All expenditures from the Kansas trade service scholarship 
fund shall be made in accordance with appropriation acts upon warrants of 
the director of accounts and reports issued pursuant to vouchers approved 
by the executive officer of the state board of regents or the designee of the 
executive officer. All moneys received by the board for the Kansas trade 
service scholarship act shall be deposited in the state treasury 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 
trade service scholarship fund.
Sec. 8. Sections 2 through 7, and amendments thereto, shall expire on 
July 1, 2027.
Sec. 9. This act shall take effect and be in force from and after its 
publication in the statute book.
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