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AN ACT relating to public postsecondary education institutions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.020 is amended to read as follows: 3
The Council on Postsecondary Education in Kentucky shall: 4
(1) Develop and implement the strategic agenda with the advice and counsel of the 5
Strategic Committee on Postsecondary Education. The council shall provide for and 6
direct the planning process and subsequent strategic implementation plans based on 7
the strategic agenda as provided in KRS 164.0203; 8
(2) Revise the strategic agenda and strategic implementation plan with the advice and 9
counsel of the committee as set forth in KRS 164.004; 10
(3) Develop a system of public accountability related to the strategic agenda by 11
evaluating the performance and effectiveness of the state's postsecondary system. 12
The council shall prepare a report in conjunction with the accountability reporting 13
described in KRS 164.095, which shall be submitted to the committee, the 14
Governor, and the General Assembly by December 1 annually. This report shall 15
include a description of contributions by postsecondary institutions to the quality of 16
elementary and secondary education in the Commonwealth; 17
(4) Review, revise, and approve the missions of the state's universities and the 18
Kentucky Community and Technical College System. The Council on 19
Postsecondary Education shall have the final authority to determine the compliance 20
of postsecondary institutions with their academic, service, and research missions; 21
(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 22
provide for an integrated system of postsecondary education. The council shall 23
guard against inappropriate and unnecessary conflict and duplication by promoting 24
transferability of credits and easy access of information among institutions; 25
(6) Engage in analyses and research to determine the overall needs of postsecondary 26
education and adult education in the Commonwealth; 27 UNOFFICIAL COPY 25 RS BR 895
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(7) Develop plans that may be required by federal legislation. The council shall for all 1
purposes of federal legislation relating to planning be considered the "single state 2
agency" as that term may be used in federal legislation. When federal legislation 3
requires additional representation on any "single state agency," the Council on 4
Postsecondary Education shall establish advisory groups necessary to satisfy federal 5
legislative or regulatory guidelines; 6
(8) (a) Determine tuition and mandatory student fees and approve the minimum 7
qualifications for admission to the state postsecondary educational system in 8
accordance with the following: 9
1. Tuition and mandatory student fees shall not be increased for any 10
program more than five percent (5%) in any one (1) year for new 11
Kentucky resident students and seven percent (7%) in any one (1) year 12
for any non-Kentucky resident students without approval from the 13
General Assembly; 14
2. Tuition and mandatory student fees at the University of Louisville, the 15
University of Kentucky, and the comprehensive universities shall not 16
be increased for a Kentucky resident student unless the student: 17
a. Completes four (4) years of continuous enrollment at the 18
institution; 19
b. Graduates from a baccalaureate or graduate program at the 20
institution; or 21
c. Fails to maintain continuous enrollment; 22
3. If a Kentucky resident student remains enrolled at the University of 23
Louisville, the University of Kentucky, or a comprehensive university 24
after four (4) years, the tuition and mandatory student fees charged to 25
the student for any subsequent term in the program shall not exceed 26
the amount of tuition and mandatory student fees for a new Kentucky 27 UNOFFICIAL COPY 25 RS BR 895
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resident student in the same program that term; 1
4. If a Kentucky resident student fails to maintain continuous enrollment 2
at the University of Louisville, the University of Kentucky, or a 3
comprehensive university, the tuition and mandatory student fees 4
charged to the student for any subsequent term in that program shall 5
not exceed the amount of tuition and mandatory student fees for a new 6
Kentucky resident student in the same program that term; 7
5. An institution shall notify any non-Kentucky resident student or 8
continuing Kentucky resident student of any increase in tuition or 9
mandatory student fees that would impact the student at least four (4) 10
months prior to the effective date of the increase; 11
6. An increase in tuition and mandatory student fees for any program 12
shall be determined by the council and approved by a governing board 13
no later than the March 1 prior to the start of the academic year for 14
which the increase will first apply; and 15
7. As used in this paragraph: 16
a. "Continuous enrollment" means maintaining at least part-time 17
registration at the institution during the fall and spring semester 18
of each academic year; 19
b. "Mandatory student fee" means any fee or cost assessed to all 20
students enrolled in an institution or program of study that is not 21
tuition, including but not limited to any student recreation or 22
activity fee, student government fee, student health plan, 23
mandatory meal plan, facility fee, technology fee, or student-24
endorsed fee; and 25
c. "Program" means an institution's undergraduate program or a 26
specific graduate program. A student shall not be deemed to have 27 UNOFFICIAL COPY 25 RS BR 895
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switched programs upon switching from one undergraduate 1
major to another. 2
(b) In defining residency, the council shall classify a student as having Kentucky 3
residency if the student met the residency requirements at the beginning of his 4
or her last year in high school and enters a Kentucky postsecondary education 5
institution within two (2) years of high school graduation. In determining the 6
tuition for non-Kentucky residents, the council shall consider the fees required 7
of Kentucky students by institutions in adjoining states, the resident fees 8
charged by other states, the total actual per student cost of training in the 9
institutions for which the fees are being determined, and the ratios of 10
Kentucky students to non-Kentucky students comprising the enrollments of 11
the respective institutions, and other factors the council may in its sole 12
discretion deem pertinent, except that the Kentucky Community and 13
Technical College System may assess a mandatory student fee not to exceed 14
eight dollars ($8) per credit hour to be used exclusively for debt service on 15
amounts not to exceed seventy-five percent (75%) of the total projects cost of 16
the Kentucky Community and Technical College System agency bond 17
projects included in 2014 Ky. Acts ch. 117, Part II, J., 11. 18
(c)[(b)] The Kentucky Community and Technical College System mandatory fee 19
established in this subsection shall only be used for debt service on agency 20
bond projects. 21
(d)[(c)] Any fee established as provided by this subsection shall cease to be 22
assessed upon the retirement of the project bonds for which it services debt. 23
(e)[(d)] Prior to the issuance of any bonds, the Kentucky Community and 24
Technical College System shall certify in writing to the secretary of the 25
Finance and Administration Cabinet that sufficient funds have been raised to 26
meet the local match equivalent to twenty-five percent (25%) of the total 27 UNOFFICIAL COPY 25 RS BR 895
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project cost; 1
(9) Devise, establish, and periodically review and revise policies to be used in making 2
recommendations to the Governor for consideration in developing 3
recommendations to the General Assembly for appropriations to the universities, 4
the Kentucky Community and Technical College System, and to support strategies 5
for persons to maintain necessary levels of literacy throughout their lifetimes. The 6
council has sole discretion, with advice of the Strategic Committee on 7
Postsecondary Education and the executive officers of the postsecondary education 8
system, to devise policies that provide for allocation of funds among the 9
universities and the Kentucky Community and Technical College System; 10
(10) Lead and provide staff support for the biennial budget process as provided under 11
KRS Chapter 48, in cooperation with the committee; 12
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 13
capital construction projects covered by KRS 45.750(1)(f), including real 14
property acquisitions, and regardless of the source of funding for projects or 15
acquisitions. Approval of capital projects and real property acquisitions shall 16
be on a basis consistent with the strategic agenda and the mission of the 17
respective universities and the Kentucky Community and Technical College 18
System. 19
(b) The organized groups that are establishing community college satellites as 20
branches of existing community colleges in the counties of Laurel, Leslie, and 21
Muhlenberg, and that have substantially obtained cash, pledges, real property, 22
or other commitments to build the satellite at no cost to the Commonwealth, 23
other than operating costs that shall be paid as part of the operating budget of 24
the main community college of which the satellite is a branch, are authorized 25
to begin construction of the satellite on or after January 1, 1998; 26
(12) Require reports from the executive officer of each institution it deems necessary for 27 UNOFFICIAL COPY 25 RS BR 895
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the effectual performance of its duties; 1
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 2
services and programs provided by private postsecondary institutions and shall 3
promote maximum cooperation between the state postsecondary system and private 4
postsecondary institutions. Receive and consider an annual report prepared by the 5
Association of Independent Kentucky Colleges and Universities stating the 6
condition of independent institutions, listing opportunities for more collaboration 7
between the state and independent institutions and other information as appropriate; 8
(14) Establish course credit, transfer, and degree components as required in KRS 9
164.2951; 10
(15) Define and approve the offering of all postsecondary education technical, associate, 11
baccalaureate, graduate, and professional degree, certificate, or diploma programs 12
in the public postsecondary education institutions. The council shall expedite 13
wherever possible the approval of requests from the Kentucky Community and 14
Technical College System board of regents relating to new certificate, diploma, 15
technical, or associate degree programs of a vocational-technical and occupational 16
nature. Without the consent of the General Assembly, the council shall not abolish 17
or limit the total enrollment of the general program offered at any community 18
college to meet the goal of reasonable access throughout the Commonwealth to a 19
two (2) year course of general studies designed for transfer to a baccalaureate 20
program. This does not restrict or limit the authority of the council, as set forth in 21
this section, to eliminate or make changes in individual programs within that 22
general program; 23
(16) Eliminate, in its discretion, existing programs or make any changes in existing 24
academic programs at the state's postsecondary educational institutions, taking into 25
consideration these criteria: 26
(a) Consistency with the institution's mission and the strategic agenda; 27 UNOFFICIAL COPY 25 RS BR 895
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(b) Alignment with the priorities in the strategic implementation plan for 1
achieving the strategic agenda; 2
(c) Elimination of unnecessary duplication of programs within and among 3
institutions; and 4
(d) Efforts to create cooperative programs with other institutions through 5
traditional means, or by use of distance learning technology and electronic 6
resources, to achieve effective and efficient program delivery; 7
(17) Ensure the governing board and faculty of all postsecondary education institutions 8
are committed to providing instruction free of discrimination against students who 9
hold political views and opinions contrary to those of the governing board and 10
faculty; 11
(18) Review proposals and make recommendations to the Governor regarding the 12
establishment of new public community colleges, technical institutions, and new 13
four (4) year colleges; 14
(19) Postpone the approval of any new program at a state postsecondary educational 15
institution, unless the institution has met its equal educational opportunity goals, as 16
established by the council. In accordance with administrative regulations 17
promulgated by the council, those institutions not meeting the goals shall be able to 18
obtain a temporary waiver, if the institution has made substantial progress toward 19
meeting its equal educational opportunity goals; 20
(20) Ensure the coordination, transferability, and connectivity of technology among 21
postsecondary institutions in the Commonwealth including the development and 22
implementation of a technology plan as a component of the strategic agenda; 23
(21) Approve the teacher education programs in the public institutions that comply with 24
standards established by the Education Professional Standards Board pursuant to 25
KRS 161.028; 26
(22) Constitute the representative agency of the Commonwealth in all matters of 27 UNOFFICIAL COPY 25 RS BR 895
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postsecondary education of a general and statewide nature which are not otherwise 1
delegated to one (1) or more institutions of postsecondary learning. The 2
responsibility may be exercised through appropriate contractual relationships with 3
individuals or agencies located within or without the Commonwealth. The authority 4
includes but is not limited to contractual arrangements for programs of research, 5
specialized training, and cultural enrichment; 6
(23) Maintain procedures for the approval of a designated receiver to provide for the 7
maintenance of student records of the public institutions of higher education and the 8
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 9
165A.310 which offer collegiate level courses for academic credit, which cease to 10
operate. Procedures shall include assurances that, upon proper request, subject to 11
federal and state laws and regulations, copies of student records shall be made 12
available within a reasonable length of time for a minimum fee; 13
(24) Monitor and transmit a report on compliance with KRS 164.351 to the director of 14
the Legislative Research Commission for distribution to the Interim Joint 15
Committee on Families and Children; 16
(25) (a) Develop in cooperation with each public university and the Kentucky 17
Community and Technical College System a comprehensive orientation and 18
education program for new members of the council and the governing boards 19
and continuing education opportunities for all council and board members. 20
For new members of the council and institutional governing boards, the 21
council shall: 22
1. Ensure that the orientation and education program comprises six (6) 23
hours of instruction time and includes but is not limited to information 24
concerning the roles of the council and governing board members, the 25
strategic agenda and the strategic implementation plan, and the 26
respective institution's mission, budget and finances, strategic plans and 27 UNOFFICIAL COPY 25 RS BR 895
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priorities, institutional policies and procedures, board fiduciary 1
responsibilities, legal considerations including open records and open 2
meetings requirements, ethical considerations arising from board 3
membership, and the board member removal and replacement 4
provisions of KRS 63.080; 5
2. Establish delivery methods by which the orientation and education 6
program can be completed in person or electronically by new members 7
within one (1) year of their appointment or election; 8
3. Provide an annual report to the Governor and Legislative Research 9
Commission of those new board members who do not complete the 10
required orientation and education program; and 11
4. Invite governing board members of private colleges and universities 12
licensed by the Council on Postsecondary Education to participate in the 13
orientation and education program described in this subsection; 14
(b) Offer, in cooperation with the public universities and the Kentucky 15
Community and Technical College System, continuing education 16
opportunities for all council and governing board members; and 17
(c) Review and approve the orientation programs of each public university and 18
the Kentucky Community and Technical College System for their governing 19
board members to ensure that all programs and information adhere to this 20
subsection; 21
(26) Develop a financial reporting procedure to be used by all state postsecondary 22
education institutions to ensure uniformity of financial information available to 23
state agencies and the public; 24
(27) Select and appoint a president of the council under KRS 164.013; 25
(28) Employ consultants and other persons and employees as may be required for the 26
council's operations, functions, and responsibilities; 27 UNOFFICIAL COPY 25 RS BR 895
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(29) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 1
governing its powers, duties, and responsibilities as described in this section; 2
(30) Prepare and present by January 31 of each year an annual status report on 3
postsecondary education in the Commonwealth to the Governor, the Strategic 4
Committee on Postsecondary Education, and the Legislative Research Commission; 5
(31) Consider the role, function, and capacity of independent institutions of 6
postsecondary education in developing policies to meet the immediate and future 7
needs of the state. When it is found that independent institutions can meet state 8
needs effectively, state resources may be used to contract with or otherwise assist 9
independent institutions in meeting these needs; 10
(32) Create advisory groups representing the presidents, faculty, nonteaching staff, and 11
students of the public postsecondary education system and the independent colleges 12
and universities; 13
(33) Develop a statewide policy to promote employee and faculty development in state 14
and locally operated secondary area technology centers through the waiver of 15
tuition for college credit coursework in the public postsecondary education system. 16
Any regular full-time employee of a state or locally operated secondary area 17
technology center may, with prior administrative approval of the course offering 18
institution, take a maximum of six (6) credit hours per term at any public 19
postsecondary institution. The institution shall waive the tuition up to a maximum 20
of six (6) credit hours per term. The employee shall complete the Free Application 21
for Federal Student Aid to determine the level of need and eligibility for state and 22
federal financial aid programs. The amount of tuition waived shall not exceed the 23
cost of tuition at the institution less any state or federal grants received, which shall 24
be credited first to the student's tuition; 25
(34) Participate with the Kentucky Department of Education, the Kentucky Board of 26
Education, and postsecondary education institutions to ensure that academic content 27 UNOFFICIAL COPY 25 RS BR 895
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requirements for successful entry into postsecondary education programs are 1
aligned with high school content standards and that students who master the high 2
school academic content standards shall not need remedial courses. The council 3
shall monitor the results on an ongoing basis; 4
(35) Cooperate with the Kentucky Department of Education and the Education 5
Professional Standards Board in providing information sessions to selected 6
postsecondary education content faculty and teacher educators of the high school 7
academic content standards as required under KRS 158.6453(2)(l); 8
(36) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 9
participation of the public institutions as required in KRS 151B.133; 10
(37) Pursuant to KRS 63.080, review written notices from the Governor or from a board 11
of trustees or board of regents concerning removal of a board member or the entire 12
appointed membership of a board, investigate the member or board and the conduct 13
alleged to support removal, and make written recommendations to the Governor 14
and the Legislative Research Commission as to whether the member or board 15
should be removed; and 16
(38) Exercise any other powers, duties, and responsibilities necessary to carry out the 17
purposes of this chapter. Nothing in this chapter shall be construed to grant the 18
Council on Postsecondary Education authority to disestablish or eliminate any 19
college of law which became a part of the state system of higher education through 20
merger with a state college. 21
Section 2. KRS 164.7874 is amended to read as follows: 22
As used in KRS 164.7871 to 164.7885: 23
(1) "Academic term" means a semester or other time period specified in an 24
administrative regulation promulgated by the authority; 25
(2) "Academic year" means a period consisting of at least the minimum school term, as 26
defined in KRS 158.070; 27 UNOFFICIAL COPY 25 RS BR 895
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(3) "ACT score" means the composite score achieved on the American College Test at 1
a national test site on a national test date or the college admissions examination 2
administered statewide under KRS 158.6453(5)(b)5. if the exam is the ACT, or an 3
equivalent score, as determined by the authority, on the SAT administered by the 4
College Board, Inc.; 5
(4) "Authority" means the Kentucky Higher Education Assistance Authority; 6
(5) "Award period" means the fall and spring consecutive academic terms within one 7
(1) academic year; 8
(6) "Council" means the Council on Postsecondary Education created under KRS 9
164.011; 10
(7) "Eligible high school student" means any person who: 11
(a) Is a citizen, national, or permanent resident of the United States and Kentucky 12
resident; 13
(b) Was enrolled after July 1, 1998: 14
1. In a Kentucky high school for at least one hundred forty (140) days of 15
the minimum school term unless exempted by the authority's executive 16
director upon documentation of extreme hardship, while meeting the 17
KEES curriculum requirements, and was enrolled in a Kentucky high 18
school at the end of the academic year; 19
2. In a Kentucky high school for the fall academic term of the senior year 20
and who: 21
a. Was enrolled during the entire academic term; 22
b. Completed the high school's graduation requirements during the 23
fall academic term; and 24
c. Was not enrolled in a secondary school during any other academic 25
term of that academic year; or 26
3. In the Gatton Academy of Mathematics and Science in Kentucky, the 27 UNOFFICIAL COPY 25 RS BR 895
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Craft Academy for Excellence in Science and Mathematics, or in high 1
school at a model and practice school under KRS 164.380 while meeting 2
the Kentucky educational excellence scholarship curriculum 3
requirements; 4
(c) Has a grade point average of 2.5 or above at the end of any academic year 5
beginning after July 1, 1998, or at the end of the fall academic term for a 6
student eligible under paragraph (b) 2. of this subsection; and 7
(d) Is not a convicted felon; 8
(8) "Eligible postsecondary student" means a citizen, national, or permanent resident of 9
the United States and Kentucky resident, as determined by the participating 10
institution in accordance with criteria established by the council for the purposes of 11
admission and tuition assessment, who: 12
(a) Earned a KEES award; 13
(b) Has the required postsecondary GPA and credit hours required under KRS 14
164.7881; 15
(c) Has remaining semesters of eligibility under KRS 164.7881; 16
(d) Is enrolled in a participating institution as a part-time or full-time student; and 17
(e) Is not a convicted felon; 18
(9) "Full-time student" means a student enrolled in a postsecondary program of study 19
that meets the full-time student requirements of the participating institution in 20
which the student is enrolled; 21
(10) "Grade point average" or "GPA" means the grade point average earned by an 22
eligible student and reported by the high school or participating institution in which 23
the student was enrolled based on a scale of 4.0 or its equivalent if the high school 24
or participating institution that the student attends does not use the 4.0 grade scale; 25
(11) "High school" means any Kentucky public high school, the Gatton Academy of 26
Mathematics and Science in Kentucky, the Craft Academy for Excellence in 27 UNOFFICIAL COPY 25 RS BR 895
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Science and Mathematics, a high school of a model and practice school under KRS 1
164.380, and any private, parochial, or church school located in Kentucky that has 2
been certified by the Kentucky Board of Education as voluntarily complying with 3
curriculum, certification, and textbook standards established by the Kentucky Board 4
of Education under KRS 156.160; 5
(12) "KEES" or "Kentucky educational excellence scholarship" means a scholarship 6
provided under KRS 164.7871 to 164.7885; 7
(13) "KEES award" means: 8
(a) For an eligible high school student, the sum of the KEES base amount for 9
each academic year of high school plus any KEES supplemental amount, as 10
adjusted pursuant to KRS 164.7881; and 11
(b) For a student eligible under KRS 164.7879(3)(e), the KEES supplemental 12
amount as adjusted pursuant to KRS 164.7881; 13
(14) "KEES award maximum" means the sum of the KEES base amount earned in each 14
academic year of high school plus any KEES supplemental amount earned; 15
(15) "KEES base amount" or "base amount" means the amount earned by an eligible 16
high school student based on the student's GPA pursuant to KRS 164.7879; 17
(16) "KEES curriculum" means five (5) courses of study, except for students who meet 18
the criteria of subsection (7)(b)2. of this section, in an academic year as determined 19
in accordance with an administrative regulation promulgated by the authority; 20
(17) "KEES supplemental amount" means the amount earned by an eligible student 21
based on the student's ACT score pursuant to KRS 164.7879; 22
(18) "KEES trust fund" means the Wallace G. Wilkinson Kentucky educational 23
excellence scholarship trust fund; 24
(19) "On track to graduate" means the number of cumulative credit hours earned as 25
compared to the number of hours determined by the postsecondary education 26
institution as necessary to complete a bachelor's degree by the end of eight (8) 27 UNOFFICIAL COPY 25 RS BR 895
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academic terms or ten (10) academic terms if a student is enrolled in an 1
undergraduate program that requires five (5) years of study; 2
(20) "Participating institution" means an "institution" as defined in KRS 164.001 that is 3
eligible to participate in the federal Pell Grant program, executes a contract with the 4
authority on terms the authority deems necessary or appropriate for the 5
administration of its programs, and: 6
(a) 1. Is publicly operated; 7
2. Is licensed by the Commonwealth of Kentucky and has operated for at 8
least ten (10) years, offers an associate or baccalaureate degree program 9
of study not comprised solely of sectarian instruction, has at least one 10
(1) voting member of the governing board of the institution that is a 11
full-time student elected by majority vote of the student body of the 12
institution each year, and admits as regular students only high school 13
graduates, recipients of a High School Equivalency Diploma, or students 14
transferring from another accredited degree granting institution; or 15
3. Is designated by the authority as an approved out-of-state institution that 16
offers a degree program in a field of study that is not offered at any 17
institution in the Commonwealth; and 18
(b) Continues to commit financial resources to student financial assistance 19
programs; and 20
(21) "Part-time student" means a student enrolled in a postsecondary program of study 21
who does not meet the full-time student requirements of the participating institution 22
in which the student is enrolled and who is enrolled for at least six (6) credit hours, 23
or the equivalent for an institution that does not use credit hours. 24
Section 3. This Act may be cited as the Kentucky Student Tuition Protection 25
and Accountability Act. 26
Section 4. This Act takes effect July 1, 2029. 27