KS
Kansas Senate Bill SB519

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB519 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 519
33 By Committee on Ways and Means
44 2-15
55 AN ACT concerning postsecondary education; requiring technical colleges
66 to affiliate with a state educational institution or municipal university;
77 requirements therefor; amending K.S.A. 71-1802, 72-3810, 74-32,413
88 and 76-712 and repealing the existing sections.
99 Be it enacted by the Legislature of the State of Kansas:
1010 New Section 1. (a) Each technical college in this state that has not
1111 affiliated with a state educational institution or municipal university on or
1212 before July 1, 2024, shall affiliate with a state educational institution or
1313 municipal university as provided in this section on or before July 1, 2026.
1414 (b) Upon approval by the state board of regents or the governing
1515 body of a municipal university, as applicable, and a majority vote of the
1616 governing body of the technical college, a state educational institution or
1717 municipal university shall enter into agreements to affiliate with a
1818 technical college as provided in this section.
1919 (c) As part of the affiliation, the technical college may change its
2020 official designation. Whenever the technical college, or words of like
2121 effect, is referred to or designated by any statute, contract or other
2222 document, such reference or designation shall be deemed to apply to the
2323 technical college affiliated pursuant to this section.
2424 (d) All of the powers and duties established in the governing body of
2525 the technical college by law shall be transferred to the affiliating state
2626 educational institution or municipal university, subject to the supervision
2727 of the governing board of the affiliating state educational institution or
2828 municipal university.
2929 (e) (1) The governing body of the technical college shall become the
3030 industry advisory board to the president or chancellor of the affiliating
3131 state educational institution or municipal university.
3232 (2) For each technical college that affiliates with a state educational
3333 institution or municipal university pursuant to this section, the president or
3434 chancellor of the affiliating state educational institution or municipal
3535 university shall appoint the members of the industry advisory board. The
3636 members of the advisory board shall represent the industry sectors that
3737 correspond to the programs offered by the technical college affiliated
3838 pursuant to this section.
3939 (3) The industry advisory board shall provide input relating to
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7676 changes in each member's industry sector that affect academic programs.
7777 (f) (1) Except as provided in paragraph (2), the following persons
7878 admitted by a state educational institution into a technical college affiliated
7979 pursuant to this section shall not be subject to the admission requirements
8080 of K.S.A. 76-717, and amendments thereto, or the board of regents rules
8181 and regulations establishing qualified admission criteria for state
8282 educational institutions:
8383 (A) Persons admitted as degree-seeking students in career technical
8484 education courses or programs terminating with an associate of applied
8585 science degree; and
8686 (B) persons admitted as nondegree-seeking students in career
8787 technical education certificate programs.
8888 (2) Persons admitted into a technical college affiliated with a state
8989 educational institution pursuant to this section who subsequently seek to
9090 transfer into another school within the state educational institution or into a
9191 bachelor's, master's or doctorate degree program shall be subject to the
9292 admission requirements of K.S.A. 76-717, and amendments thereto, and
9393 the board of regents rules and regulations establishing qualified admission
9494 criteria for state educational institutions.
9595 (g) A technical college affiliated pursuant to this section shall
9696 continue to be eligible for funding that is available to technical colleges to
9797 the extent provided by law. The amounts of such funding are to be
9898 determined in the same manner as provided by law for technical colleges.
9999 (h) The affiliation plan between the technical college and the
100100 affiliating state educational institution or municipal university shall include
101101 provisions relating to the manner and terms upon which faculty, employees
102102 and students will be transferred to the affiliating state educational
103103 institution or municipal university. Such provisions shall specify terms of
104104 employment and address other personnel matters. Subject to the
105105 authorization of the governing board of the affiliating state educational
106106 institution or municipal university, all personnel of a technical college
107107 affiliated pursuant to this section who are necessary to the operation of
108108 such technical college, in accordance with the needs of the affiliating state
109109 educational institution or municipal university, may become personnel of
110110 the affiliating state educational institution or municipal university. The
111111 employment of such personnel shall be deemed uninterrupted.
112112 (i) The affiliation of a technical college with a state educational
113113 institution or municipal university shall not affect any contract, agreement
114114 or assurance in effect prior to an affiliation pursuant to this section.
115115 (j) (1) No suit, action or other proceeding, judicial or administrative,
116116 lawfully commenced, or that could have been commenced, by or against a
117117 technical college prior to affiliation, or by or against any personnel of such
118118 technical college, shall abate by reason of such affiliation. Any such suit,
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162162 action or other proceeding may be allowed to be maintained by or against
163163 the affiliating state educational institution or municipal university.
164164 (2) No criminal action commenced or that could have been
165165 commenced by a technical college prior to affiliation shall abate by reason
166166 of such affiliation.
167167 (k) Except as otherwise provided in this section, the provisions of all
168168 statutes of general application to area vocational schools, area vocational
169169 technical schools or technical colleges shall apply to a technical college
170170 affiliated pursuant to this section.
171171 (l) As used in this section:
172172 (1) "Affiliation" means the association or connection of a technical
173173 college with a state educational institution or municipal university where
174174 the technical college is directly or indirectly under the control of the
175175 affiliating state educational institution or municipal university.
176176 (2) "Municipal university" means Washburn university of Topeka or
177177 any other municipal university established under the laws of this state.
178178 (3) "State educational institution" means the university of Kansas,
179179 Kansas state university, Wichita state university, Emporia state university,
180180 Pittsburg state university and Fort Hays state university.
181181 (4) "Technical college" means a technical college designated pursuant
182182 to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-
183183 32,465, and amendments thereto.
184184 Sec. 2. K.S.A. 71-1802 is hereby amended to read as follows: 71-
185185 1802. As used in K.S.A. 71-1801 through 71-1810, and amendments
186186 thereto:
187187 (a) "Community college" means any community college established
188188 in accordance with chapter 71 of the Kansas Statutes Annotated.
189189 (b) "Community college operating grant" means the operating grant
190190 provided for under subsection (a) of K.S.A. 71-620, and amendments
191191 thereto, prior to fiscal year 2012.
192192 (c) (1) "Credit hour" means the basic unit of collegiate level
193193 instruction, as determined by the state board, in a subject or course offered
194194 by an eligible institution at a postsecondary level not higher than those
195195 programs or courses normally offered to freshmen and sophomores in
196196 four-year public institutions of postsecondary education, in a program that
197197 has been approved by the state board.
198198 (2) The term "credit hour" does not include instruction in a program
199199 or course taken by a student enrolled for audit or not for postsecondary
200200 credit, or in any program or course not approved by the state board.
201201 (3) The state board shall determine whether the programs and courses
202202 offered are at the level of freshmen and sophomore programs and courses
203203 offered in the state educational institutions and shall not approve for
204204 funding any program or course offered at a higher level.
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248248 (d) "Eligible institution" or "institution" means any community
249249 college, technical college or the institute of technology or any technical
250250 college that affiliated with a state educational institution or municipal
251251 university pursuant to section 1, and amendments thereto.
252252 (e) "Institute of technology," "institute" or "Washburn institute of
253253 technology" means the institute of technology at Washburn university.
254254 (f) "Municipal university" means Washburn university of Topeka or
255255 any other municipal university established under the laws of this state.
256256 (g) "Non-tiered course" means any postsecondary credit-bearing
257257 course offered by an eligible institution and identified by the state board as
258258 not meeting the definition of a tiered technical course. Non-tiered courses
259259 include courses that are generally designed to: (1) Contribute to academic
260260 knowledge or skills across multiple disciplines and occupations, such as
261261 communication, writing, mathematics, humanities, social or behavioral
262262 science and natural or physical science courses, some of which may be
263263 considered for transfer as general education credit toward a baccalaureate
264264 degree; (2) contribute to general knowledge or skills in areas such as
265265 critical thinking and reasoning, problem solving, use of technology and
266266 teamwork skills; (3) provide instruction in basic or foundational skills
267267 necessary for individuals to effectively participate in technical programs;
268268 (4) prepare individuals for certification or licensure exams or re-
269269 certifications and skill updates; or (5) allow individuals to explore various
270270 career opportunities. Seminars, workshops or other courses that are
271271 supplemental to the primary instruction required for the occupationally
272272 specific technical program shall be considered non-tiered courses, unless
273273 otherwise specified by the state board.
274274 (g)(h) "State board of regents" or "state board" means the state board
275275 of regents provided for in the constitution of this state and established by
276276 K.S.A. 74-3202a, and amendments thereto.
277277 (h)(i) "State educational institution" means the university of Kansas,
278278 Kansas state university, Wichita state university, Emporia state university,
279279 Pittsburg state university and Fort Hays state university.
280280 (j) "Technical college" means a technical college affiliated with a
281281 state educational institution or municipal university pursuant to section 1,
282282 and amendments thereto, or designated pursuant to K.S.A. 74-32,458, 74-
283283 32,460, 74-32,461, 74-32,462, 74-32,464 or 74-32,465, and amendments
284284 thereto.
285285 (i)(k) "Technical program" means any program of study comprised of
286286 a sequence of tiered technical courses and non-tiered courses, which
287287 program is identified by the state board as a technical program for funding
288288 purposes. Technical programs must: (1) Be designed to prepare individuals
289289 for gainful employment in current or emerging technical occupations
290290 requiring other than a baccalaureate or advanced degree; (2) lead to
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334334 technical skill proficiency, an industry-recognized credential, a certificate
335335 or an associate degree; and (3) be delivered by an eligible institution.
336336 (j)(l) "Tiered technical course" means a postsecondary credit-bearing
337337 course included in the sequence of courses comprising a technical
338338 program, which course is itself designed to provide competency-based
339339 applied instruction to prepare individuals with occupationally specific
340340 knowledge and skills necessary for employment, and which the state board
341341 has identified as a tiered technical course.
342342 (k)(m) "Tiered technical course credit hour" means a credit hour in a
343343 tiered technical course.
344344 (l)(n) "Washburn institute of technology operating grant" means any
345345 legislative appropriation designated for non-tiered courses delivered by the
346346 Washburn institute of technology.
347347 Sec. 3. K.S.A. 72-3810 is hereby amended to read as follows: 72-
348348 3810. (a) Students admitted to a career technical education course or
349349 program which that is conducted by the school district in which the
350350 student is enrolled may be charged fees but shall not be charged tuition.
351351 (b) Postsecondary students admitted to a career technical education
352352 course or program shall pay tuition and fees as provided by laws
353353 applicable thereto.
354354 (c) (1) Secondary students admitted to a career technical education
355355 course or program which that is conducted by a community college,
356356 technical college or, institute of technology or any technical college that
357357 affiliated with a state educational institution or municipal university
358358 pursuant to section 1, and amendments thereto, may be charged fees, but
359359 shall not be charged tuition.
360360 (2) Each school academic year, to the extent there are sufficient
361361 moneys appropriated to the career technical education secondary program,
362362 the state board of regents shall distribute state funds to community
363363 colleges, technical colleges, any technical college that affiliated with a
364364 state educational institution or municipal university pursuant to section 1,
365365 and amendments thereto, and the Washburn institute of technology for the
366366 cost associated with secondary students enrolled in postsecondary career
367367 technical education programs as determined by the state board of regents.
368368 (3) For purposes of this subsection:
369369 (A) "Community college" means any community college established
370370 in accordance with chapter 71 of the Kansas Statutes Annotated, and
371371 amendments thereto.
372372 (B) "Fees" means those charges assessed against a student by a
373373 community college, technical college or, the institute of technology, a
374374 state educational institution or a municipal university for student services,
375375 such as health clinics, athletic activities and technology services, or for
376376 books, supplies or other materials necessary for a particular course or
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420420 program, the expense of which is not covered by tuition.
421421 (C) "Institute of technology" means the institute of technology at
422422 Washburn university.
423423 (D) "Municipal university" means Washburn university of Topeka or
424424 any other municipal university established under the laws of this state.
425425 (E) "Secondary student" means a pupil who: (i) Has not attained a
426426 high school diploma or a general educational development (GED)
427427 credential; and (ii) is regularly enrolled in and attending a public or private
428428 secondary school.
429429 (F) "State educational institution" means the university of Kansas,
430430 Kansas state university, Wichita state university, Emporia state university,
431431 Pittsburg state university and Fort Hays state university.
432432 (E)(G) "Technical college" means a technical college designated
433433 pursuant to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-
434434 32,464 or 74-32,465, and amendments thereto.
435435 (F)(H) "Tuition" means those charges assessed against a student by a
436436 community college, technical college, any technical college that affiliated
437437 with a state educational institution or municipal university pursuant to
438438 section 1, and amendments thereto, or the institute of technology on a per
439439 credit hour, per course or per term basis, and that are charged to cover the
440440 general expense of providing instructional services.
441441 (d) Students admitted to a vocational career technical education
442442 course or program which is not conducted by the school district in which
443443 the student is enrolled shall be charged tuition and fees determined in
444444 accordance with subsection (e), subject however to the following:
445445 (1) Tuition or fees, or tuition and fees may be paid for the student in
446446 accordance with any agreement made under K.S.A. 72-3814, and
447447 amendments thereto; or
448448 (2) if tuition of a student is not paid under paragraph (1) of this
449449 subsection, the tuition of the student shall be paid by the school district in
450450 which the student is enrolled. No school district shall pay tuition for a
451451 student who is a postsecondary student, and no school district shall be
452452 required to pay tuition or fees of a student who is eligible to have tuition
453453 and fees for the course or training the student selects paid by any state or
454454 federal agency from moneys, funds or appropriations made available under
455455 any one or more state or federal programs. Any state agency administering
456456 any one or more such programs shall pay such tuition and fees upon proper
457457 application by a student therefor.
458458 (e) All tuition and fees charged for career technical education by any
459459 board shall be in such amounts as are authorized by rules and regulations
460460 adopted by the state board, which shall establish general guidelines for
461461 tuition and fee schedules in career technical education courses and
462462 programs, except that tuition of postsecondary students shall be fixed in
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506506 accordance with K.S.A. 72-4433, and amendments thereto. The particular
507507 tuition and fee schedule of every career technical education program shall
508508 be subject to annual approval of the state board. A current complete
509509 schedule of tuition and fees for each career technical education course and
510510 program of each board as approved by the state board shall be maintained
511511 on file in the office of the state board, and shall be open for public
512512 inspection at any reasonable time.
513513 Sec. 4. K.S.A. 74-32,413 is hereby amended to read as follows: 74-
514514 32,413. As used in this act:
515515 (a) "Board," "state board," "school year" and "technical college" have
516516 the meanings respectively ascribed thereto mean the same as defined in
517517 K.S.A. 74-32,407, and amendments thereto.
518518 (b) "Career technical education capital outlay aid" means state
519519 financial aid distributed under this act by the state board to an eligible
520520 institution for the purpose of construction, reconstruction, repair,
521521 remodeling, additions to, furnishing and equipping of buildings,
522522 architectural expenses incidental thereto, the acquisition of buildings and
523523 building sites and the acquisition of equipment.
524524 (c) "Eligible institution" or "institution" means any technical college,
525525 Coffeyville community college, Cowley county community college,
526526 Dodge City community college, Highland community college, Hutchinson
527527 community college, Johnson county community college, Kansas City,
528528 Kansas community college, Pratt community college, Seward county
529529 community college and, the institute of technology at Washburn university
530530 and any technical college that affiliated with a state educational
531531 institution or municipal university pursuant to section 1, and amendments
532532 thereto.
533533 (d) "Municipal university" means Washburn university of Topeka or
534534 any other municipal university established under the laws of this state.
535535 (e) "State educational institution" means the university of Kansas,
536536 Kansas state university, Wichita state university, Emporia state university,
537537 Pittsburg state university and Fort Hays state university.
538538 Sec. 5. K.S.A. 76-712 is hereby amended to read as follows: 76-712.
539539 Except as otherwise provided by act of the legislature, the state
540540 educational institutions are separate state agencies and state institutions
541541 and shall be controlled by and operated and managed under the
542542 supervision of the board of regents. For such control, operation,
543543 management or supervision, the board of regents may make contracts and
544544 adopt orders, policies or rules and regulations and do or perform such
545545 other acts as are authorized by law or are appropriate for such purposes,
546546 except that no state educational institution, or campus thereof, shall be
547547 closed, combined or merged with any other state educational institution,
548548 for administrative or management or other purposes, except as authorized
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592592 in section 1, and amendments thereto, or specifically authorized by
593593 appropriations or other act of the legislature.
594594 Sec. 6. K.S.A. 71-1802, 72-3810, 74-32,413 and 76-712 are hereby
595595 repealed.
596596 Sec. 7. This act shall take effect and be in force from and after its
597597 publication in the statute book.
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