Session of 2024
SENATE BILL No. 519
By Committee on Ways and Means
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AN ACT concerning postsecondary education; requiring technical colleges
to affiliate with a state educational institution or municipal university;
requirements therefor; amending K.S.A. 71-1802, 72-3810, 74-32,413
and 76-712 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Each technical college in this state that has not
affiliated with a state educational institution or municipal university on or
before July 1, 2024, shall affiliate with a state educational institution or
municipal university as provided in this section on or before July 1, 2026.
(b) Upon approval by the state board of regents or the governing
body of a municipal university, as applicable, and a majority vote of the
governing body of the technical college, a state educational institution or
municipal university shall enter into agreements to affiliate with a
technical college as provided in this section.
(c) As part of the affiliation, the technical college may change its
official designation. Whenever the technical college, or words of like
effect, is referred to or designated by any statute, contract or other
document, such reference or designation shall be deemed to apply to the
technical college affiliated pursuant to this section.
(d) All of the powers and duties established in the governing body of
the technical college by law shall be transferred to the affiliating state
educational institution or municipal university, subject to the supervision
of the governing board of the affiliating state educational institution or
municipal university.
(e) (1) The governing body of the technical college shall become the
industry advisory board to the president or chancellor of the affiliating
state educational institution or municipal university.
(2) For each technical college that affiliates with a state educational
institution or municipal university pursuant to this section, the president or
chancellor of the affiliating state educational institution or municipal
university shall appoint the members of the industry advisory board. The
members of the advisory board shall represent the industry sectors that
correspond to the programs offered by the technical college affiliated
pursuant to this section.
(3) The industry advisory board shall provide input relating to
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changes in each member's industry sector that affect academic programs.
(f) (1) Except as provided in paragraph (2), the following persons
admitted by a state educational institution into a technical college affiliated
pursuant to this section shall not be subject to the admission requirements
of K.S.A. 76-717, and amendments thereto, or the board of regents rules
and regulations establishing qualified admission criteria for state
educational institutions:
(A) Persons admitted as degree-seeking students in career technical
education courses or programs terminating with an associate of applied
science degree; and
(B) persons admitted as nondegree-seeking students in career
technical education certificate programs.
(2) Persons admitted into a technical college affiliated with a state
educational institution pursuant to this section who subsequently seek to
transfer into another school within the state educational institution or into a
bachelor's, master's or doctorate degree program shall be subject to the
admission requirements of K.S.A. 76-717, and amendments thereto, and
the board of regents rules and regulations establishing qualified admission
criteria for state educational institutions.
(g) A technical college affiliated pursuant to this section shall
continue to be eligible for funding that is available to technical colleges to
the extent provided by law. The amounts of such funding are to be
determined in the same manner as provided by law for technical colleges.
(h) The affiliation plan between the technical college and the
affiliating state educational institution or municipal university shall include
provisions relating to the manner and terms upon which faculty, employees
and students will be transferred to the affiliating state educational
institution or municipal university. Such provisions shall specify terms of
employment and address other personnel matters. Subject to the
authorization of the governing board of the affiliating state educational
institution or municipal university, all personnel of a technical college
affiliated pursuant to this section who are necessary to the operation of
such technical college, in accordance with the needs of the affiliating state
educational institution or municipal university, may become personnel of
the affiliating state educational institution or municipal university. The
employment of such personnel shall be deemed uninterrupted.
(i) The affiliation of a technical college with a state educational
institution or municipal university shall not affect any contract, agreement
or assurance in effect prior to an affiliation pursuant to this section.
(j) (1) No suit, action or other proceeding, judicial or administrative,
lawfully commenced, or that could have been commenced, by or against a
technical college prior to affiliation, or by or against any personnel of such
technical college, shall abate by reason of such affiliation. Any such suit,
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action or other proceeding may be allowed to be maintained by or against
the affiliating state educational institution or municipal university.
(2) No criminal action commenced or that could have been
commenced by a technical college prior to affiliation shall abate by reason
of such affiliation.
(k) Except as otherwise provided in this section, the provisions of all
statutes of general application to area vocational schools, area vocational
technical schools or technical colleges shall apply to a technical college
affiliated pursuant to this section.
(l) As used in this section:
(1) "Affiliation" means the association or connection of a technical
college with a state educational institution or municipal university where
the technical college is directly or indirectly under the control of the
affiliating state educational institution or municipal university.
(2) "Municipal university" means Washburn university of Topeka or
any other municipal university established under the laws of this state.
(3) "State educational institution" means the university of Kansas,
Kansas state university, Wichita state university, Emporia state university,
Pittsburg state university and Fort Hays state university.
(4) "Technical college" means a technical college designated pursuant
to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-
32,465, and amendments thereto.
Sec. 2. K.S.A. 71-1802 is hereby amended to read as follows: 71-
1802. As used in K.S.A. 71-1801 through 71-1810, and amendments
thereto:
(a) "Community college" means any community college established
in accordance with chapter 71 of the Kansas Statutes Annotated.
(b) "Community college operating grant" means the operating grant
provided for under subsection (a) of K.S.A. 71-620, and amendments
thereto, prior to fiscal year 2012.
(c) (1) "Credit hour" means the basic unit of collegiate level
instruction, as determined by the state board, in a subject or course offered
by an eligible institution at a postsecondary level not higher than those
programs or courses normally offered to freshmen and sophomores in
four-year public institutions of postsecondary education, in a program that
has been approved by the state board.
(2) The term "credit hour" does not include instruction in a program
or course taken by a student enrolled for audit or not for postsecondary
credit, or in any program or course not approved by the state board.
(3) The state board shall determine whether the programs and courses
offered are at the level of freshmen and sophomore programs and courses
offered in the state educational institutions and shall not approve for
funding any program or course offered at a higher level.
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(d) "Eligible institution" or "institution" means any community
college, technical college or the institute of technology or any technical
college that affiliated with a state educational institution or municipal
university pursuant to section 1, and amendments thereto.
(e) "Institute of technology," "institute" or "Washburn institute of
technology" means the institute of technology at Washburn university.
(f) "Municipal university" means Washburn university of Topeka or
any other municipal university established under the laws of this state.
(g) "Non-tiered course" means any postsecondary credit-bearing
course offered by an eligible institution and identified by the state board as
not meeting the definition of a tiered technical course. Non-tiered courses
include courses that are generally designed to: (1) Contribute to academic
knowledge or skills across multiple disciplines and occupations, such as
communication, writing, mathematics, humanities, social or behavioral
science and natural or physical science courses, some of which may be
considered for transfer as general education credit toward a baccalaureate
degree; (2) contribute to general knowledge or skills in areas such as
critical thinking and reasoning, problem solving, use of technology and
teamwork skills; (3) provide instruction in basic or foundational skills
necessary for individuals to effectively participate in technical programs;
(4) prepare individuals for certification or licensure exams or re-
certifications and skill updates; or (5) allow individuals to explore various
career opportunities. Seminars, workshops or other courses that are
supplemental to the primary instruction required for the occupationally
specific technical program shall be considered non-tiered courses, unless
otherwise specified by the state board.
(g)(h) "State board of regents" or "state board" means the state board
of regents provided for in the constitution of this state and established by
K.S.A. 74-3202a, and amendments thereto.
(h)(i) "State educational institution" means the university of Kansas,
Kansas state university, Wichita state university, Emporia state university,
Pittsburg state university and Fort Hays state university.
(j) "Technical college" means a technical college affiliated with a
state educational institution or municipal university pursuant to section 1,
and amendments thereto, or designated pursuant to K.S.A. 74-32,458, 74-
32,460, 74-32,461, 74-32,462, 74-32,464 or 74-32,465, and amendments
thereto.
(i)(k) "Technical program" means any program of study comprised of
a sequence of tiered technical courses and non-tiered courses, which
program is identified by the state board as a technical program for funding
purposes. Technical programs must: (1) Be designed to prepare individuals
for gainful employment in current or emerging technical occupations
requiring other than a baccalaureate or advanced degree; (2) lead to
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technical skill proficiency, an industry-recognized credential, a certificate
or an associate degree; and (3) be delivered by an eligible institution.
(j)(l) "Tiered technical course" means a postsecondary credit-bearing
course included in the sequence of courses comprising a technical
program, which course is itself designed to provide competency-based
applied instruction to prepare individuals with occupationally specific
knowledge and skills necessary for employment, and which the state board
has identified as a tiered technical course.
(k)(m) "Tiered technical course credit hour" means a credit hour in a
tiered technical course.
(l)(n) "Washburn institute of technology operating grant" means any
legislative appropriation designated for non-tiered courses delivered by the
Washburn institute of technology.
Sec. 3. K.S.A. 72-3810 is hereby amended to read as follows: 72-
3810. (a) Students admitted to a career technical education course or
program which that is conducted by the school district in which the
student is enrolled may be charged fees but shall not be charged tuition.
(b) Postsecondary students admitted to a career technical education
course or program shall pay tuition and fees as provided by laws
applicable thereto.
(c) (1) Secondary students admitted to a career technical education
course or program which that is conducted by a community college,
technical college or, institute of technology or any technical college that
affiliated with a state educational institution or municipal university
pursuant to section 1, and amendments thereto, may be charged fees, but
shall not be charged tuition.
(2) Each school academic year, to the extent there are sufficient
moneys appropriated to the career technical education secondary program,
the state board of regents shall distribute state funds to community
colleges, technical colleges, any technical college that affiliated with a
state educational institution or municipal university pursuant to section 1,
and amendments thereto, and the Washburn institute of technology for the
cost associated with secondary students enrolled in postsecondary career
technical education programs as determined by the state board of regents.
(3) For purposes of this subsection:
(A) "Community college" means any community college established
in accordance with chapter 71 of the Kansas Statutes Annotated, and
amendments thereto.
(B) "Fees" means those charges assessed against a student by a
community college, technical college or, the institute of technology, a
state educational institution or a municipal university for student services,
such as health clinics, athletic activities and technology services, or for
books, supplies or other materials necessary for a particular course or
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program, the expense of which is not covered by tuition.
(C) "Institute of technology" means the institute of technology at
Washburn university.
(D) "Municipal university" means Washburn university of Topeka or
any other municipal university established under the laws of this state.
(E) "Secondary student" means a pupil who: (i) Has not attained a
high school diploma or a general educational development (GED)
credential; and (ii) is regularly enrolled in and attending a public or private
secondary school.
(F) "State educational institution" means the university of Kansas,
Kansas state university, Wichita state university, Emporia state university,
Pittsburg state university and Fort Hays state university.
(E)(G) "Technical college" means a technical college designated
pursuant to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-
32,464 or 74-32,465, and amendments thereto.
(F)(H) "Tuition" means those charges assessed against a student by a
community college, technical college, any technical college that affiliated
with a state educational institution or municipal university pursuant to
section 1, and amendments thereto, or the institute of technology on a per
credit hour, per course or per term basis, and that are charged to cover the
general expense of providing instructional services.
(d) Students admitted to a vocational career technical education
course or program which is not conducted by the school district in which
the student is enrolled shall be charged tuition and fees determined in
accordance with subsection (e), subject however to the following:
(1) Tuition or fees, or tuition and fees may be paid for the student in
accordance with any agreement made under K.S.A. 72-3814, and
amendments thereto; or
(2) if tuition of a student is not paid under paragraph (1) of this
subsection, the tuition of the student shall be paid by the school district in
which the student is enrolled. No school district shall pay tuition for a
student who is a postsecondary student, and no school district shall be
required to pay tuition or fees of a student who is eligible to have tuition
and fees for the course or training the student selects paid by any state or
federal agency from moneys, funds or appropriations made available under
any one or more state or federal programs. Any state agency administering
any one or more such programs shall pay such tuition and fees upon proper
application by a student therefor.
(e) All tuition and fees charged for career technical education by any
board shall be in such amounts as are authorized by rules and regulations
adopted by the state board, which shall establish general guidelines for
tuition and fee schedules in career technical education courses and
programs, except that tuition of postsecondary students shall be fixed in
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accordance with K.S.A. 72-4433, and amendments thereto. The particular
tuition and fee schedule of every career technical education program shall
be subject to annual approval of the state board. A current complete
schedule of tuition and fees for each career technical education course and
program of each board as approved by the state board shall be maintained
on file in the office of the state board, and shall be open for public
inspection at any reasonable time.
Sec. 4. K.S.A. 74-32,413 is hereby amended to read as follows: 74-
32,413. As used in this act:
(a) "Board," "state board," "school year" and "technical college" have
the meanings respectively ascribed thereto mean the same as defined in
K.S.A. 74-32,407, and amendments thereto.
(b) "Career technical education capital outlay aid" means state
financial aid distributed under this act by the state board to an eligible
institution for the purpose of construction, reconstruction, repair,
remodeling, additions to, furnishing and equipping of buildings,
architectural expenses incidental thereto, the acquisition of buildings and
building sites and the acquisition of equipment.
(c) "Eligible institution" or "institution" means any technical college,
Coffeyville community college, Cowley county community college,
Dodge City community college, Highland community college, Hutchinson
community college, Johnson county community college, Kansas City,
Kansas community college, Pratt community college, Seward county
community college and, the institute of technology at Washburn university
and any technical college that affiliated with a state educational
institution or municipal university pursuant to section 1, and amendments
thereto.
(d) "Municipal university" means Washburn university of Topeka or
any other municipal university established under the laws of this state.
(e) "State educational institution" means the university of Kansas,
Kansas state university, Wichita state university, Emporia state university,
Pittsburg state university and Fort Hays state university.
Sec. 5. K.S.A. 76-712 is hereby amended to read as follows: 76-712.
Except as otherwise provided by act of the legislature, the state
educational institutions are separate state agencies and state institutions
and shall be controlled by and operated and managed under the
supervision of the board of regents. For such control, operation,
management or supervision, the board of regents may make contracts and
adopt orders, policies or rules and regulations and do or perform such
other acts as are authorized by law or are appropriate for such purposes,
except that no state educational institution, or campus thereof, shall be
closed, combined or merged with any other state educational institution,
for administrative or management or other purposes, except as authorized
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in section 1, and amendments thereto, or specifically authorized by
appropriations or other act of the legislature.
Sec. 6. K.S.A. 71-1802, 72-3810, 74-32,413 and 76-712 are hereby
repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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