Kentucky 2024 Regular Session

Kentucky House Bill HB46 Latest Draft

Bill / Introduced Version

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AN ACT relating to KEES scholarships for students attending noncertified schools. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 164.7874 is amended to read as follows: 3 
As used in KRS 164.7871 to 164.7885: 4 
(1) "Academic term" means a semester or other time period specified in an 5 
administrative regulation promulgated by the authority; 6 
(2) "Academic year" means a period consisting of at least the minimum school term, as 7 
defined in KRS 158.070; 8 
(3) "ACT score" means: 9 
(a) The composite score achieved on the American College Test at a national test 10 
site on a national test date or the college admissions examination administered 11 
statewide under KRS 158.6453(5)(b)5. if the exam is the ACT;[, or]  12 
(b) An equivalent score, as determined by the authority, on the SAT administered 13 
by the College Board, Inc.; or 14 
(c) An equivalent score, as determined by the authority, on the Classic 15 
Learning Test provided by Classic Learning Initiatives; 16 
(4) "Authority" means the Kentucky Higher Education Assistance Authority; 17 
(5) "Award period" means the fall and spring consecutive academic terms within one 18 
(1) academic year; 19 
(6) "Council" means the Council on Postsecondary Education created under KRS 20 
164.011; 21 
(7) "Eligible high school student" means any person who: 22 
(a) Is a citizen, national, or permanent resident of the United States and Kentucky 23 
resident; 24 
(b) Was enrolled after July 1, 1998: 25 
1. In a Kentucky high school for at least one hundred forty (140) days of 26 
the minimum school term unless exempted by the authority's executive 27  UNOFFICIAL COPY  	24 RS BR 40 
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director upon documentation of extreme hardship, while meeting the 1 
KEES curriculum requirements, and was enrolled in a Kentucky high 2 
school at the end of the academic year; 3 
2. In a Kentucky high school for the fall academic term of the senior year 4 
and who: 5 
a. Was enrolled during the entire academic term; 6 
b. Completed the high school's graduation requirements during the 7 
fall academic term; and 8 
c. Was not enrolled in a secondary school during any other academic 9 
term of that academic year; or 10 
3. In the Gatton Academy of Mathematics and Science in Kentucky, the 11 
Craft Academy for Excellence in Science and Mathematics, or in high 12 
school at a model and practice school under KRS 164.380 while meeting 13 
the Kentucky educational excellence scholarship curriculum 14 
requirements; 15 
(c) Has a grade point average of 2.5 or above at the end of any academic year 16 
beginning after July 1, 1998, or at the end of the fall academic term for a 17 
student eligible under paragraph (b) 2. of this subsection; and 18 
(d) Is not a convicted felon; 19 
(8) "Eligible noncertified school graduate" means any person who: 20 
(a) Is a citizen, national, or permanent resident of the United States and a 21 
Kentucky resident; 22 
(b) Graduates in the 2024-2025 academic year or thereafter from a Kentucky 23 
nonpublic secondary school not certified by the Kentucky Board of 24 
Education; 25 
(c) Is not a convicted felon; and 26 
(d) Completes all KEES noncertified student application requirements set by 27  UNOFFICIAL COPY  	24 RS BR 40 
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the authority; 1 
(9) "Eligible postsecondary student" means a citizen, national, or permanent resident of 2 
the United States and Kentucky resident, as determined by the participating 3 
institution in accordance with criteria established by the council for the purposes of 4 
admission and tuition assessment, who: 5 
(a) Earned a KEES award; 6 
(b) Has the required postsecondary GPA and credit hours required under KRS 7 
164.7881; 8 
(c) Has remaining semesters of eligibility under KRS 164.7881; 9 
(d) Is enrolled in a participating institution as a part-time or full-time student; and 10 
(e) Is not a convicted felon; 11 
(10)[(9)] "Full-time student" means a student enrolled in a postsecondary program of 12 
study that meets the full-time student requirements of the participating institution in 13 
which the student is enrolled; 14 
(11)[(10)] "Grade point average" or "GPA" means the grade point average earned by an 15 
eligible student and reported by the high school or participating institution in which 16 
the student was enrolled based on a scale of 4.0 or its equivalent if the high school 17 
or participating institution that the student attends does not use the 4.0 grade scale; 18 
(12)[(11)] "High school" means any Kentucky public high school, the Gatton Academy 19 
of Mathematics and Science in Kentucky, the Craft Academy for Excellence in 20 
Science and Mathematics, a high school of a model and practice school under KRS 21 
164.380, and any private, parochial, or church school located in Kentucky that has 22 
been certified by the Kentucky Board of Education as voluntarily complying with 23 
curriculum, certification, and textbook standards established by the Kentucky Board 24 
of Education under KRS 156.160; 25 
(13)[(12)] "KEES" or "Kentucky educational excellence scholarship" means a 26 
scholarship provided under KRS 164.7871 to 164.7885; 27  UNOFFICIAL COPY  	24 RS BR 40 
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(14)[(13)] "KEES award" means: 1 
(a) For an eligible high school student, the sum of the KEES base amount for 2 
each academic year of high school plus any KEES supplemental amount, as 3 
adjusted pursuant to KRS 164.7881;[ and] 4 
(b) For an eligible noncertified school graduate, the KEES base amount 5 
described in subsection (1) of Section 2 of this Act multiplied by four (4) 6 
plus any KEES supplemental amount, as adjusted pursuant to KRS 7 
164.7881; and 8 
(c) For a student eligible under KRS 164.7879(3)(e) who is not an eligible 9 
noncertified school graduate, the KEES supplemental amount as adjusted 10 
pursuant to KRS 164.7881; 11 
(15)[(14)] "KEES award maximum" means the sum of the KEES base amount earned in 12 
each academic year of high school plus any KEES supplemental amount earned or 13 
for an eligible noncertified school graduate, the amount described in subsection 14 
(14)(b) of this section; 15 
(16)[(15)] "KEES base amount" or "base amount" means the amount earned by an 16 
eligible high school student based on the student's GPA or for an eligible 17 
noncertified school graduate, the equivalent GPA based on the student's ACT 18 
score, pursuant to KRS 164.7879; 19 
(17)[(16)] "KEES curriculum" means five (5) courses of study, except for students who 20 
meet the criteria of subsection (7)(b)2. of this section, in an academic year as 21 
determined in accordance with an administrative regulation promulgated by the 22 
authority; 23 
(18)[(17)] "KEES supplemental amount" means the amount earned by an eligible student 24 
based on the student's ACT score pursuant to KRS 164.7879; 25 
(19)[(18)] "KEES trust fund" means the Wallace G. Wilkinson Kentucky educational 26 
excellence scholarship trust fund; 27  UNOFFICIAL COPY  	24 RS BR 40 
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(20)[(19)] "On track to graduate" means the number of cumulative credit hours earned as 1 
compared to the number of hours determined by the postsecondary education 2 
institution as necessary to complete a bachelor's degree by the end of eight (8) 3 
academic terms or ten (10) academic terms if a student is enrolled in an 4 
undergraduate program that requires five (5) years of study; 5 
(21)[(20)] "Participating institution" means an "institution" as defined in KRS 164.001 6 
that is eligible to participate in the federal Pell Grant program, executes a contract 7 
with the authority on terms the authority deems necessary or appropriate for the 8 
administration of its programs, and: 9 
(a) 1. Is publicly operated; 10 
2. Is licensed by the Commonwealth of Kentucky and has operated for at 11 
least ten (10) years, offers an associate or baccalaureate degree program 12 
of study not comprised solely of sectarian instruction, and admits as 13 
regular students only high school graduates, recipients of a High School 14 
Equivalency Diploma, or students transferring from another accredited 15 
degree granting institution; or 16 
3. Is designated by the authority as an approved out-of-state institution that 17 
offers a degree program in a field of study that is not offered at any 18 
institution in the Commonwealth; and 19 
(b) Continues to commit financial resources to student financial assistance 20 
programs; and 21 
(22)[(21)] "Part-time student" means a student enrolled in a postsecondary program of 22 
study who does not meet the full-time student requirements of the participating 23 
institution in which the student is enrolled and who is enrolled for at least six (6) 24 
credit hours, or the equivalent for an institution that does not use credit hours. 25 
Section 2.   KRS 164.7879 is amended to read as follows: 26 
(1) (a) Kentucky educational excellence scholarship awards shall be based upon an 27  UNOFFICIAL COPY  	24 RS BR 40 
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established base scholarship amount and an eligible high school student's 1 
grade point average or the equivalent grade point average for an eligible 2 
noncertified school graduate as described in paragraph (b) of this 3 
subsection. The base scholarship amount for students attaining a grade point 4 
average of at least 2.5 for the 1998-1999 academic year shall be as follows: 5 
 GPA   Amount      GPA   Amount 6 
 2.50   $125.00      3.30   $325.00 7 
 2.60   $150.00      3.40   $350.00 8 
 2.70   $175.00      3.50   $375.00 9 
 2.75   $187.00      3.60   $400.00 10 
 2.80   $200.00      3.70   $425.00 11 
 2.90   $225.00      3.75   $437.00 12 
 3.00   $250.00      3.80   $450.00 13 
 3.10   $275.00      3.90   $475.00 14 
 3.20   $300.00      4.00   $500.00 15 
 3.25   $312.00 16 
 The authority shall review the base amount of the Kentucky educational excellence 17 
scholarship each academic year and may promulgate an administrative regulation to 18 
make adjustments after considering the availability of funds. 19 
(b) For an eligible noncertified school graduate, the equivalent grade point 20 
average shall be based on the graduate's ACT score. The base amount shall 21 
equal the GPA's corresponding dollar award in paragraph (a) of this 22 
subsection. The ACT to GPA conversion values are as follows: 23 
 ACT  GPA   ACT  GPA 24 
 18  2.70   24  3.30 25 
 19  2.70   25  3.70 26 
 20  3.00   26  3.70 27  UNOFFICIAL COPY  	24 RS BR 40 
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 21  3.00   27  3.70 1 
 22  3.30   28+  4.00 2 
 23  3.30 3 
(2) (a) The authority shall commit to provide to each eligible high school student the 4 
base amount of the Kentucky educational excellence scholarship for each 5 
academic year of high school study in the Kentucky educational excellence 6 
scholarship curriculum that the high school student has attained at least a 2.5 7 
grade point average. The award shall be based upon the eligible high school 8 
student's grade point average at the close of each academic year. An award 9 
attributable to a past academic year shall not be increased after the award has 10 
been earned by an eligible high school student, regardless of any subsequent 11 
increases made to the base amount of the Kentucky educational excellence 12 
scholarship through the promulgation of an administrative regulation by the 13 
authority. 14 
(b) Notwithstanding the definitions of "eligible high school student" and "high 15 
school" in KRS 164.7874, any high school student who maintains Kentucky 16 
residency and completes the academic courses that are required for a 17 
Kentucky educational excellence scholarship while participating in an 18 
approved educational high school foreign exchange program or participating 19 
in the United States Congressional Page School may apply his or her grade 20 
point average for that academic year toward the base as described in 21 
paragraph (a) of this subsection. The grade point average shall be reported by 22 
the student's Kentucky home high school, based on an official transcript from 23 
the school that the student attended during the out-of-state educational 24 
experience. The authority shall promulgate administrative regulations that 25 
describe the approval process for the educational exchange programs that 26 
qualify under this paragraph. The provisions in this paragraph shall likewise 27  UNOFFICIAL COPY  	24 RS BR 40 
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apply to any Kentucky high school student who participated in an approved 1 
educational exchange program or in a Congressional Page School since the 2 
1998-99 school year and maintained his or her Kentucky residency 3 
throughout. 4 
(c) 1. Notwithstanding the definitions of "eligible high school student" and 5 
"high school" in KRS 164.7874 and the requirement that a student 6 
graduate from a Kentucky high school, a high school student who 7 
completes the KEES curriculum while attending an accredited out-of-8 
state high school or Department of Defense school may apply the grade 9 
point average for any applicable academic year toward the base as 10 
described in paragraph (a) of this subsection and shall also qualify for a 11 
supplemental award under subsection (3) of this section when: 12 
a. His or her custodial parent or guardian is in active service of the 13 
Armed Forces of the United States; 14 
b. The student attended an accredited out-of-state high school or a 15 
Department of Defense school as a result of the custodial parent's 16 
or guardian's military transfer outside of Kentucky; and 17 
c. The student earned a KEES base amount at a Kentucky high 18 
school prior to the custodial parent's or guardian's military transfer 19 
outside of Kentucky. 20 
2. The student or parent shall arrange for the out-of-state school to report 21 
the student's grade point average each academic year and the student's 22 
highest ACT score to the authority as required under KRS 164.7885. 23 
The authority shall promulgate administrative regulations implementing 24 
the requirements in this paragraph, including: 25 
a. The documentation that the parent shall submit to the authority 26 
establishing the student's eligibility for the scholarship; and 27  UNOFFICIAL COPY  	24 RS BR 40 
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b. The assurances that an out-of-state institution shall submit to the 1 
authority for submission of the student grade point average. 2 
3. The provisions in this paragraph shall apply to the 2001-2002 school 3 
year and thereafter. 4 
(d) Beginning with the 2013-2014 academic year, a student who meets the 5 
Kentucky core academic standards for high school graduation established in 6 
administrative regulation and graduates after completing three (3) years of 7 
high school shall receive a Kentucky educational excellence scholarship 8 
award equivalent to completing high school in four (4) years. The award shall 9 
be determined by dividing the total actual KEES scholarship earned under 10 
subsection (1) of this section by three (3) and multiplying that number by four 11 
(4). The resulting number shall be the annual award the student is eligible for 12 
under subsection (1) of this section. 13 
(3) (a) The authority shall commit to provide to each eligible high school student 14 
graduating from high school before June 30, 1999, and achieving a score of at 15 
least 15 on the American College Test, a supplemental award for the award 16 
period beginning in the fall of 1999, based on the eligible high school 17 
student's highest ACT score attained by the date of graduation from high 18 
school. The amount of the supplemental award shall be determined as follows: 19 
  ACT  Annual ACT Annual 20 
  Score Bonus Score Bonus 21 
  15  	$21 22 $171 22 
  16  	$43 23 $193 23 
  17  	$64 24 $214 24 
  18  	$86 25 $236 25 
  19  $107 26 $257 26 
  20  $129 27 $279 27  UNOFFICIAL COPY  	24 RS BR 40 
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  21  $150 28+[ or above] $300 1 
 Subsequent supplemental awards for eligible high school students graduating 2 
before June 30, 1999, shall be determined in accordance with the provisions 3 
of paragraph (b) of this subsection. 4 
(b) The authority shall commit to provide to each eligible high school student 5 
upon achievement after June 30, 1999, of an ACT score of at least 15 on the 6 
American College Test a supplemental award based on the eligible high 7 
school student's highest ACT score attained by the date of graduation from 8 
high school. The amount of the supplemental award shall be determined as 9 
follows: 10 
  ACT   ACT 11 
  Score Amount Score Amount 12 
  15  	$36 22 $286 13 
  16  	$71 23 $321 14 
  17  $107 24 $357 15 
  18  $143 25 $393 16 
  19  $179 26 $428 17 
  20  $214 27 $464 18 
  21  $250 28+[ and above] $500 19 
 The authority shall review the base amount of the supplemental award 20 
beginning with the 2001-2002 academic year and each academic year 21 
thereafter and may promulgate an administrative regulation to make 22 
adjustments after considering the availability of funds. 23 
(c) Beginning with the 2008-2009 academic year, the authority shall commit to 24 
provide a supplemental award for achievement on examinations for Advanced 25 
Placement or International Baccalaureate as defined in KRS 164.002 to an 26 
eligible high school student whose family was eligible for free or reduced-27  UNOFFICIAL COPY  	24 RS BR 40 
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price lunch for any year during high school enrollment. 1 
1. The supplemental award for AP examination scores are as follows: 2 
a. Two hundred dollars ($200) for each score of three (3); 3 
b. Two hundred fifty dollars ($250) for each score of four (4); and 4 
c. Three hundred dollars ($300) for each score of five (5). 5 
2. The supplemental award for IB examination scores are as follows: 6 
a. Two hundred dollars ($200) for each score of five (5); 7 
b. Two hundred fifty dollars ($250) for each score of six (6); and 8 
c. Three hundred dollars ($300) for each score of seven (7). 9 
(d) Beginning with the 2013-2014 academic year, the authority shall commit to 10 
provide a supplemental award for achievement on examinations for 11 
Cambridge Advanced International as defined in KRS 164.002 to an eligible 12 
high school student whose family was eligible for free or reduced-priced 13 
lunch for any year during high school enrollment. The supplemental award for 14 
Cambridge Advanced International examination scores are as follows: 15 
1. Two hundred dollars ($200) for each score of "e"; 16 
2. Two hundred fifty dollars ($250) for each score of "c" or "d"; and 17 
3. Three hundred dollars ($300) for each score of "a*", "a", or "b". 18 
(e) The authority shall promulgate administrative regulations establishing the 19 
eligibility criteria and procedures for making a supplemental award to 20 
Kentucky residents who are citizens, nationals, or permanent residents of the 21 
United States and who graduate from a Kentucky nonpublic secondary school 22 
not certified by the Kentucky Board of Education and Kentucky residents who 23 
are citizens, nationals, or permanent residents of the United States and who 24 
obtain a High School Equivalency Diploma within five (5) years of their high 25 
school graduating class, and students under subsection (2)(c) of this section 26 
who do not attend an accredited high school. 27  UNOFFICIAL COPY  	24 RS BR 40 
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Section 3.   KRS 164.7884 is amended to read as follows: 1 
(1) As used in this section: 2 
(a) "Academic year" means July 1 through June 30 of each year; 3 
(b) "Apprentice" has the same meaning as in KRS 343.010; 4 
(c) "Approved workforce solutions training program" means a local high-demand 5 
work sector training program that is approved by the authority and is offered 6 
by the Kentucky Community and Technical College System through 7 
consultation with representatives of the local workforce development area and 8 
the local Kentucky Community and Technical College System campus where 9 
the program will be offered; 10 
(d) "Eligible college of art and design" means a college that: 11 
1. Qualifies as a tax exempt organization pursuant to Section 501(c)(3) of 12 
the Internal Revenue Code: 13 
2. Is conditionally or unconditionally licensed by the Council on 14 
Postsecondary Education; 15 
3. Is a candidate for accreditation by a regional accrediting association 16 
recognized by the United States Department of Education; 17 
4. Has its main campus physically located in Kentucky; 18 
5. Limits its degree program offerings to the area of fine arts; and 19 
6. Does not qualify as a participating institution as defined in KRS 20 
164.7874; 21 
(e) "Eligible student" means an eligible high school student who has graduated 22 
from high school, an eligible noncertified school graduate, or a student 23 
eligible under KRS 164.7879(3)(e); 24 
(f) "Proprietary school" means a school that: 25 
1. Is licensed by the Kentucky Commission on Proprietary Education; 26 
2. Has operated for at least five (5) years; 27  UNOFFICIAL COPY  	24 RS BR 40 
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3. Has its headquarters or main campus physically located in Kentucky; 1 
and 2 
4. Does not qualify as a participating institution under KRS 164.7874 3 
(21)[(20)]; 4 
(g) "Qualified proprietary school program" means a program offered by a 5 
proprietary school that is in the field of agriculture as defined in KRS 246.010 6 
or is in one (1) of Kentucky's top five (5) high-demand work sectors as 7 
determined by the Kentucky Workforce Innovation Board; 8 
(h) "Qualified workforce training program" means a program that is in one (1) of 9 
Kentucky's top five (5) high-demand work sectors as determined by the 10 
Kentucky Workforce Innovation Board; 11 
(i) "Registered apprenticeship program" means an apprenticeship program that: 12 
1. Is established in accordance with the requirements of KRS Chapter 343; 13 
2. Requires a minimum of two thousand (2,000) hours of on-the-job work 14 
experience; 15 
3. Requires a minimum of one hundred forty-four (144) hours of related 16 
instruction for each year of the apprenticeship; and 17 
4. Is approved by the Education and Labor Cabinet; 18 
(j) "Related instruction" has the same meaning as in KRS 343.010; and 19 
(k) "Sponsor" has the same meaning as in KRS 343.010. 20 
(2) Notwithstanding KRS 164.7881, an eligible student who earned a KEES award 21 
shall be eligible for a Kentucky educational excellence scholarship if the student 22 
meets the requirements of this section and is: 23 
(a) An apprentice in a registered apprenticeship program; 24 
(b) Enrolled in a qualified workforce training program that has a current 25 
articulation agreement for postsecondary credit hours with a participating 26 
institution; 27  UNOFFICIAL COPY  	24 RS BR 40 
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(c) Enrolled in a qualified proprietary school program; 1 
(d) Enrolled in an approved workforce solutions training program; or 2 
(e) Enrolled in an eligible college of art and design. 3 
(3) (a) Beginning with the 2018-2019 academic year, an eligible student enrolled in a 4 
registered apprenticeship program or, for the academic year beginning July 1, 5 
2020, an eligible student enrolled in a qualified workforce training program 6 
or, for the academic year beginning July 1, 2023, an eligible student enrolled 7 
in a qualified proprietary school program, an approved workforce solutions 8 
training program, or an eligible college of art and design, may receive 9 
reimbursement of tuition, books, required tools, and other approved expenses 10 
required for participation in the program, upon certification by the sponsor, 11 
school, or college and approval by the authority. 12 
(b) The reimbursement amount an eligible student may receive in an academic 13 
year shall not exceed the student's KEES award maximum. 14 
(c) The total reimbursement amount an eligible student may receive under this 15 
section shall not exceed the student's KEES award maximum multiplied by 16 
four (4). 17 
(4) Eligibility for a KEES scholarship under this section shall terminate upon the earlier 18 
of: 19 
(a) The expiration of five (5) years following the eligible student's graduation 20 
from high school or receiving a High School Equivalency Diploma, except as 21 
provided in KRS 164.7881(5); or 22 
(b) The eligible student's successful completion of the registered apprenticeship 23 
program, qualified workforce training program, qualified proprietary school 24 
program, or approved workforce solutions training program. 25 
(5) The authority shall promulgate administrative regulations establishing the 26 
procedures for making awards under this section in consultation with the Kentucky 27  UNOFFICIAL COPY  	24 RS BR 40 
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Education and Labor Cabinet and the Kentucky Economic Development Cabinet. 1