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AN ACT relating to Kentucky residency in the postsecondary educational system. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘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 412
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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 approve the minimum qualifications for admission to 7
the state postsecondary educational system. In defining residency, the council 8
shall classify a student as having Kentucky residency if the student is a 9
citizen, national resident, or permanent resident of the United States and 10
met the Kentucky residency requirements at the beginning of his or her last 11
year in high school and enters a Kentucky postsecondary education institution 12
within two (2) years of high school graduation. In determining the tuition for 13
non-Kentucky residents, the council shall consider the fees required of 14
Kentucky students by institutions in adjoining states, the resident fees charged 15
by other states, the total actual per student cost of training in the institutions 16
for which the fees are being determined, and the ratios of Kentucky students 17
to non-Kentucky students comprising the enrollments of the respective 18
institutions, and other factors the council may in its sole discretion deem 19
pertinent, except that the Kentucky Community and Technical College 20
System may assess a mandatory student fee not to exceed eight dollars ($8) 21
per credit hour to be used exclusively for debt service on amounts not to 22
exceed seventy-five percent (75%) of the total projects cost of the Kentucky 23
Community and Technical College System agency bond projects included in 24
2014 Ky. Acts ch. 117, Part II, J., 11. 25
(b) The Kentucky Community and Technical College System mandatory fee 26
established in this subsection shall only be used for debt service on agency 27 UNOFFICIAL COPY 25 RS BR 412
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bond projects. 1
(c) Any fee established as provided by this subsection shall cease to be assessed 2
upon the retirement of the project bonds for which it services debt. 3
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical 4
College System shall certify in writing to the secretary of the Finance and 5
Administration Cabinet that sufficient funds have been raised to meet the 6
local match equivalent to twenty-five percent (25%) of the total project cost; 7
(9) Devise, establish, and periodically review and revise policies to be used in making 8
recommendations to the Governor for consideration in developing 9
recommendations to the General Assembly for appropriations to the universities, 10
the Kentucky Community and Technical College System, and to support strategies 11
for persons to maintain necessary levels of literacy throughout their lifetimes. The 12
council has sole discretion, with advice of the Strategic Committee on 13
Postsecondary Education and the executive officers of the postsecondary education 14
system, to devise policies that provide for allocation of funds among the 15
universities and the Kentucky Community and Technical College System; 16
(10) Lead and provide staff support for the biennial budget process as provided under 17
KRS Chapter 48, in cooperation with the committee; 18
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 19
capital construction projects covered by KRS 45.750(1)(f), including real 20
property acquisitions, and regardless of the source of funding for projects or 21
acquisitions. Approval of capital projects and real property acquisitions shall 22
be on a basis consistent with the strategic agenda and the mission of the 23
respective universities and the Kentucky Community and Technical College 24
System. 25
(b) The organized groups that are establishing community college satellites as 26
branches of existing community colleges in the counties of Laurel, Leslie, and 27 UNOFFICIAL COPY 25 RS BR 412
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Muhlenberg, and that have substantially obtained cash, pledges, real property, 1
or other commitments to build the satellite at no cost to the Commonwealth, 2
other than operating costs that shall be paid as part of the operating budget of 3
the main community college of which the satellite is a branch, are authorized 4
to begin construction of the satellite on or after January 1, 1998; 5
(12) Require reports from the executive officer of each institution it deems necessary for 6
the effectual performance of its duties; 7
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 8
services and programs provided by private postsecondary institutions and shall 9
promote maximum cooperation between the state postsecondary system and private 10
postsecondary institutions. Receive and consider an annual report prepared by the 11
Association of Independent Kentucky Colleges and Universities stating the 12
condition of independent institutions, listing opportunities for more collaboration 13
between the state and independent institutions and other information as appropriate; 14
(14) Establish course credit, transfer, and degree components as required in KRS 15
164.2951; 16
(15) Define and approve the offering of all postsecondary education technical, associate, 17
baccalaureate, graduate, and professional degree, certificate, or diploma programs 18
in the public postsecondary education institutions. The council shall expedite 19
wherever possible the approval of requests from the Kentucky Community and 20
Technical College System board of regents relating to new certificate, diploma, 21
technical, or associate degree programs of a vocational-technical and occupational 22
nature. Without the consent of the General Assembly, the council shall not abolish 23
or limit the total enrollment of the general program offered at any community 24
college to meet the goal of reasonable access throughout the Commonwealth to a 25
two (2) year course of general studies designed for transfer to a baccalaureate 26
program. This does not restrict or limit the authority of the council, as set forth in 27 UNOFFICIAL COPY 25 RS BR 412
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this section, to eliminate or make changes in individual programs within that 1
general program; 2
(16) Eliminate, in its discretion, existing programs or make any changes in existing 3
academic programs at the state's postsecondary educational institutions, taking into 4
consideration these criteria: 5
(a) Consistency with the institution's mission and the strategic agenda; 6
(b) Alignment with the priorities in the strategic implementation plan for 7
achieving the strategic agenda; 8
(c) Elimination of unnecessary duplication of programs within and among 9
institutions; and 10
(d) Efforts to create cooperative programs with other institutions through 11
traditional means, or by use of distance learning technology and electronic 12
resources, to achieve effective and efficient program delivery; 13
(17) Ensure the governing board and faculty of all postsecondary education institutions 14
are committed to providing instruction free of discrimination against students who 15
hold political views and opinions contrary to those of the governing board and 16
faculty; 17
(18) Review proposals and make recommendations to the Governor regarding the 18
establishment of new public community colleges, technical institutions, and new 19
four (4) year colleges; 20
(19) Postpone the approval of any new program at a state postsecondary educational 21
institution, unless the institution has met its equal educational opportunity goals, as 22
established by the council. In accordance with administrative regulations 23
promulgated by the council, those institutions not meeting the goals shall be able to 24
obtain a temporary waiver, if the institution has made substantial progress toward 25
meeting its equal educational opportunity goals; 26
(20) Ensure the coordination, transferability, and connectivity of technology among 27 UNOFFICIAL COPY 25 RS BR 412
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postsecondary institutions in the Commonwealth including the development and 1
implementation of a technology plan as a component of the strategic agenda; 2
(21) Approve the teacher education programs in the public institutions that comply with 3
standards established by the Education Professional Standards Board pursuant to 4
KRS 161.028; 5
(22) Constitute the representative agency of the Commonwealth in all matters of 6
postsecondary education of a general and statewide nature which are not otherwise 7
delegated to one (1) or more institutions of postsecondary learning. The 8
responsibility may be exercised through appropriate contractual relationships with 9
individuals or agencies located within or without the Commonwealth. The authority 10
includes but is not limited to contractual arrangements for programs of research, 11
specialized training, and cultural enrichment; 12
(23) Maintain procedures for the approval of a designated receiver to provide for the 13
maintenance of student records of the public institutions of higher education and the 14
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 15
165A.310 which offer collegiate level courses for academic credit, which cease to 16
operate. Procedures shall include assurances that, upon proper request, subject to 17
federal and state laws and regulations, copies of student records shall be made 18
available within a reasonable length of time for a minimum fee; 19
(24) Monitor and transmit a report on compliance with KRS 164.351 to the director of 20
the Legislative Research Commission for distribution to the Interim Joint 21
Committee on Families and Children; 22
(25) (a) Develop in cooperation with each public university and the Kentucky 23
Community and Technical College System a comprehensive orientation and 24
education program for new members of the council and the governing boards 25
and continuing education opportunities for all council and board members. 26
For new members of the council and institutional governing boards, the 27 UNOFFICIAL COPY 25 RS BR 412
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council shall: 1
1. Ensure that the orientation and education program comprises six (6) 2
hours of instruction time and includes but is not limited to information 3
concerning the roles of the council and governing board members, the 4
strategic agenda and the strategic implementation plan, and the 5
respective institution's mission, budget and finances, strategic plans and 6
priorities, institutional policies and procedures, board fiduciary 7
responsibilities, legal considerations including open records and open 8
meetings requirements, ethical considerations arising from board 9
membership, and the board member removal and replacement 10
provisions of KRS 63.080; 11
2. Establish delivery methods by which the orientation and education 12
program can be completed in person or electronically by new members 13
within one (1) year of their appointment or election; 14
3. Provide an annual report to the Governor and Legislative Research 15
Commission of those new board members who do not complete the 16
required orientation and education program; and 17
4. Invite governing board members of private colleges and universities 18
licensed by the Council on Postsecondary Education to participate in the 19
orientation and education program described in this subsection; 20
(b) Offer, in cooperation with the public universities and the Kentucky 21
Community and Technical College System, continuing education 22
opportunities for all council and governing board members; and 23
(c) Review and approve the orientation programs of each public university and 24
the Kentucky Community and Technical College System for their governing 25
board members to ensure that all programs and information adhere to this 26
subsection; 27 UNOFFICIAL COPY 25 RS BR 412
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(26) Develop a financial reporting procedure to be used by all state postsecondary 1
education institutions to ensure uniformity of financial information available to 2
state agencies and the public; 3
(27) Select and appoint a president of the council under KRS 164.013; 4
(28) Employ consultants and other persons and employees as may be required for the 5
council's operations, functions, and responsibilities; 6
(29) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 7
governing its powers, duties, and responsibilities as described in this section; 8
(30) Prepare and present by January 31 of each year an annual status report on 9
postsecondary education in the Commonwealth to the Governor, the Strategic 10
Committee on Postsecondary Education, and the Legislative Research Commission; 11
(31) Consider the role, function, and capacity of independent institutions of 12
postsecondary education in developing policies to meet the immediate and future 13
needs of the state. When it is found that independent institutions can meet state 14
needs effectively, state resources may be used to contract with or otherwise assist 15
independent institutions in meeting these needs; 16
(32) Create advisory groups representing the presidents, faculty, nonteaching staff, and 17
students of the public postsecondary education system and the independent colleges 18
and universities; 19
(33) Develop a statewide policy to promote employee and faculty development in state 20
and locally operated secondary area technology centers through the waiver of 21
tuition for college credit coursework in the public postsecondary education system. 22
Any regular full-time employee of a state or locally operated secondary area 23
technology center may, with prior administrative approval of the course offering 24
institution, take a maximum of six (6) credit hours per term at any public 25
postsecondary institution. The institution shall waive the tuition up to a maximum 26
of six (6) credit hours per term. The employee shall complete the Free Application 27 UNOFFICIAL COPY 25 RS BR 412
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for Federal Student Aid to determine the level of need and eligibility for state and 1
federal financial aid programs. The amount of tuition waived shall not exceed the 2
cost of tuition at the institution less any state or federal grants received, which shall 3
be credited first to the student's tuition; 4
(34) Participate with the Kentucky Department of Education, the Kentucky Board of 5
Education, and postsecondary education institutions to ensure that academic content 6
requirements for successful entry into postsecondary education programs are 7
aligned with high school content standards and that students who master the high 8
school academic content standards shall not need remedial courses. The council 9
shall monitor the results on an ongoing basis; 10
(35) Cooperate with the Kentucky Department of Education and the Education 11
Professional Standards Board in providing information sessions to selected 12
postsecondary education content faculty and teacher educators of the high school 13
academic content standards as required under KRS 158.6453(2)(l); 14
(36) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 15
participation of the public institutions as required in KRS 151B.133; 16
(37) Pursuant to KRS 63.080, review written notices from the Governor or from a board 17
of trustees or board of regents concerning removal of a board member or the entire 18
appointed membership of a board, investigate the member or board and the conduct 19
alleged to support removal, and make written recommendations to the Governor 20
and the Legislative Research Commission as to whether the member or board 21
should be removed; and 22
(38) Exercise any other powers, duties, and responsibilities necessary to carry out the 23
purposes of this chapter. Nothing in this chapter shall be construed to grant the 24
Council on Postsecondary Education authority to disestablish or eliminate any 25
college of law which became a part of the state system of higher education through 26
merger with a state college. 27