AN ACT relating to residency as defined by the Council on Postsecondary Education.

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AN ACT relating to residency as defined by the Council on Postsecondary 1
Education. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 164.020 is amended to read as follows: 4
The Council on Postsecondary Education in Kentucky shall: 5
(1) Develop and implement the strategic agenda with the advice and counsel of the 6
Strategic Committee on Postsecondary Education. The council shall provide for and 7
direct the planning process and subsequent strategic implementation plans based on 8
the strategic agenda as provided in KRS 164.0203; 9
(2) Revise the strategic agenda and strategic implementation plan with the advice and 10
counsel of the committee as set forth in KRS 164.004; 11
(3) Develop a system of public accountability related to the strategic agenda by 12
evaluating the performance and effectiveness of the state's postsecondary system. 13
The council shall prepare a report in conjunction with the accountability reporting 14
described in KRS 164.095, which shall be submitted to the committee, the 15
Governor, and the General Assembly by December 1 annually. This report shall 16
include a description of contributions by postsecondary institutions to the quality of 17
elementary and secondary education in the Commonwealth; 18
(4) Review, revise, and approve the missions of the state's universities and the 19
Kentucky Community and Technical College System. The Council on 20
Postsecondary Education shall have the final authority to determine the compliance 21
of postsecondary institutions with their academic, service, and research missions; 22
(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 23
provide for an integrated system of postsecondary education. The council shall 24
guard against inappropriate and unnecessary conflict and duplication by promoting 25
transferability of credits and easy access of information among institutions; 26
(6) Engage in analyses and research to determine the overall needs of postsecondary 27
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education and adult education in the Commonwealth; 1
(7) Develop plans that may be required by federal legislation. The council shall for all 2
purposes of federal legislation relating to planning be considered the "single state 3
agency" as that term may be used in federal legislatio n. When federal legislation 4
requires additional representation on any "single state agency," the Council on 5
Postsecondary Education shall establish advisory groups necessary to satisfy federal 6
legislative or regulatory guidelines; 7
(8) (a) Determine tuition and approve the minimum qualifications for admission to 8
the state postsecondary educational system. 9
(b) In defining residency, the council shall classify a student as having Kentucky 10
residency if the student: 11
1. Was born in Kentucky; or 12
2. Met the residency requirements at the beginning of his or her last year in 13
high school and enters a Kentucky postsecondary education institution 14
within two (2) years of high school graduation. 15
(c) In determining the tuition for non -Kentucky residents, the council shall 16
consider the fees required of Kentucky students by institutions in adjoining 17
states, the resident fees charged by other states, the total actual per student 18
cost of training in the institutions for which the fees are being determined, and 19
the ratios of Kent ucky students to non -Kentucky students comprising the 20
enrollments of the respective institutions, and other factors the council may in 21
its sole discretion deem pertinent, except that the Kentucky Community and 22
Technical College System may assess a mandator y student fee not to exceed 23
eight dollars ($8) per credit hour to be used exclusively for debt service on 24
amounts not to exceed seventy -five percent (75%) of the total projects cost of 25
the Kentucky Community and Technical College System agency bond 26
projects included in 2014 Ky. Acts ch. 117, Part II, J., 11. 27
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(d)[(b)] The Kentucky Community and Technical College System mandatory fee 1
established in this subsection shall only be used for debt service on agency 2
bond projects. 3
(e)[(c)] Any fee established as pro vided by this subsection shall cease to be 4
assessed upon the retirement of the project bonds for which it services debt. 5
(f)[(d)] Prior to the issuance of any bonds, the Kentucky Community and 6
Technical College System shall certify in writing to the secret ary of the 7
Finance and Administration Cabinet that sufficient funds have been raised to 8
meet the local match equivalent to twenty -five percent (25%) of the total 9
project cost; 10
(9) Devise, establish, and periodically review and revise policies to be used in making 11
recommendations to the Governor for consideration in developing 12
recommendations to the General Assembly for appropriations to the universities, 13
the Kentucky Community and Technical College System, and to support strategies 14
for persons to maintain n ecessary levels of literacy throughout their lifetimes. The 15
council has sole discretion, with advice of the Strategic Committee on 16
Postsecondary Education and the executive officers of the postsecondary education 17
system, to devise policies that provide for allocation of funds among the 18
universities and the Kentucky Community and Technical College System; 19
(10) Lead and provide staff support for the biennial budget process as provided under 20
KRS Chapter 48, in cooperation with the committee; 21
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 22
capital construction projects covered by KRS 45.750(1)(f), including real 23
property acquisitions, and regardless of the source of funding for projects or 24
acquisitions. Approval of capital projects and real property acquisitions shall 25
be on a basis consistent with the strategic agenda and the mission of the 26
respective universities and the Kentucky Community and Technical College 27
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System. 1
(b) The organized groups that are establishing communi ty college satellites as 2
branches of existing community colleges in the counties of Laurel, Leslie, and 3
Muhlenberg, and that have substantially obtained cash, pledges, real property, 4
or other commitments to build the satellite at no cost to the Commonwealt h, 5
other than operating costs that shall be paid as part of the operating budget of 6
the main community college of which the satellite is a branch, are authorized 7
to begin construction of the satellite on or after January 1, 1998; 8
(12) Require reports from the executive officer of each institution it deems necessary for 9
the effectual performance of its duties; 10
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 11
services and programs provided by private postsecondary institutions and shall 12
promote maximum cooperation between the state postsecondary system and private 13
postsecondary institutions. Receive and consider an annual report prepared by the 14
Association of Independent Kentucky Colleges and Universities stating the 15
condition o f independent institutions, listing opportunities for more collaboration 16
between the state and independent institutions and other information as appropriate; 17
(14) Establish course credit, transfer, and degree components as required in KRS 18
164.2951; 19
(15) (a) Define and approve the offering of all postsecondary education technical, 20
associate, baccalaureate, graduate, and professional degree, certificate, or 21
diploma programs in the public postsecondary education institutions. The 22
council shall not approve a ne w degree, certificate, or diploma program that 23
includes a requirement for a course or training of which the primary purpose 24
is to indoctrinate participants with a discriminatory concept. 25
(b) The council shall expedite wherever possible the approval of requ ests from 26
the Kentucky Community and Technical College System board of regents 27
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relating to new certificate, diploma, technical, or associate degree programs of 1
a vocational -technical and occupational nature. Without the consent of the 2
General Assembly, the council shall not abolish or limit the total enrollment 3
of the general program offered at any community college to meet the goal of 4
reasonable access throughout the Commonwealth to a two (2) year course of 5
general studies designed for transfer to a baccalaureate program. This does not 6
restrict or limit the authority of the council, as set forth in this section, to 7
eliminate or make changes in individual programs within that general 8
program; 9
(16) Eliminate, in its discretion, existing programs or make any c hanges in existing 10
academic programs at the state's postsecondary educational institutions, taking into 11
consideration these criteria: 12
(a) Consistency with the institution's mission and the strategic agenda; 13
(b) Alignment with the priorities in the strategi c implementation plan for 14
achieving the strategic agenda; 15
(c) Elimination of unnecessary duplication of programs within and among 16
institutions; 17
(d) Efforts to create cooperative programs with other institutions through 18
traditional means, or by use of distance learning technology and electronic 19
resources, to achieve effective and efficient program delivery; and 20
(e) Alignment with KRS 164.2895, including the elimination of any program that 21
includes a requirement for a course or training of which the primary purpose 22
is to indoctrinate participants with a discriminatory concept; 23
(17) Ensure the governing board and faculty of all postsecondary education ins titutions 24
are committed to providing instruction free of discrimination against students who 25
hold political views and opinions contrary to those of the governing board and 26
faculty; 27
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(18) Review proposals and make recommendations to the Governor regarding th e 1
establishment of new public community colleges, technical institutions, and new 2
four (4) year colleges; 3
(19) Ensure the coordination, transferability, and connectivity of technology among 4
postsecondary institutions in the Commonwealth including the devel opment and 5
implementation of a technology plan as a component of the strategic agenda; 6
(20) Approve the teacher education programs in the public institutions that comply with 7
standards established by the Education Professional Standards Board pursuant to 8
KRS 161.028; 9
(21) Constitute the representative agency of the Commonwealth in all matters of 10
postsecondary education of a general and statewide nature which are not otherwise 11
delegated to one (1) or more institutions of postsecondary learning. The 12
responsibility may be exercised through appropriate contractual relationships with 13
individuals or agencies located within or without the Commonwealth. The authority 14
includes but is not limited to contractual arrangements for programs of research, 15
specialized training, and cultural enrichment; 16
(22) Maintain procedures for the approval of a designated receiver to provide for the 17
maintenance of student records of the public institutions of higher education and the 18
colleges as defined in KRS 164.945, and institutions op erating pursuant to KRS 19
165A.310 which offer collegiate level courses for academic credit, which cease to 20
operate. Procedures shall include assurances that, upon proper request, subject to 21
federal and state laws and regulations, copies of student records s hall be made 22
available within a reasonable length of time for a minimum fee; 23
(23) Monitor and transmit a report on compliance with KRS 164.351 to the director of 24
the Legislative Research Commission for distribution to the Interim Joint 25
Committee on Families and Children; 26
(24) (a) Develop in cooperation with each public university and the Kentucky 27
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Community and Technical College System a comprehensive orientation and 1
education program for new members of the council and the governing boards 2
and continuing edu cation opportunities for all council and board members. 3
For new members of the council and institutional governing boards, the 4
council shall: 5
1. Ensure that the orientation and education program comprises six (6) 6
hours of instruction time and includes but is not limited to information 7
concerning the roles of the council and governing board members, the 8
strategic agenda and the strategic implementation plan, and the 9
respective institution's mission, budget and finances, strategic plans and 10
priorities, instit utional policies and procedures, board fiduciary 11
responsibilities, legal considerations including open records and open 12
meetings requirements, ethical considerations arising from board 13
membership, and the board member removal and replacement 14
provisions of KRS 63.080; 15
2. Establish delivery methods by which the orientation and education 16
program can be completed in person or electronically by new members 17
within one (1) year of their appointment or election; 18
3. Provide an annual report to the Governor and Legis lative Research 19
Commission of those new board members who do not complete the 20
required orientation and education program; and 21
4. Invite governing board members of private colleges and universities 22
licensed by the Council on Postsecondary Education to parti cipate in the 23
orientation and education program described in this subsection; 24
(b) Offer, in cooperation with the public universities and the Kentucky 25
Community and Technical College System, continuing education 26
opportunities for all council and governing board members; and 27
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(c) Review and approve the orientation programs of each public university and 1
the Kentucky Community and Technical College System for their governing 2
board members to ensure that all programs and information adhere to this 3
subsection; 4
(25) Develop a financial reporting procedure to be used by all state postsecondary 5
education institutions to ensure uniformity of financial information available to 6
state agencies and the public; 7
(26) Select and appoint a president of the council under KRS 164.013; 8
(27) Employ consultants and other persons and employees as may be required for the 9
council's operations, functions, and responsibilities; 10
(28) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 11
governing its powers, duties, and responsibilities as described in this section; 12
(29) Prepare and present by January 31 of each year an annual status report on 13
postsecondary education in the Commonwealth to the Governor, the Strategic 14
Committee on Postsecondary Education, and the Legislative Research Commission; 15
(30) Consider the role, function, and capacity of independent institutions of 16
postsecondary education in developing policies to meet the immediate and future 17
needs of the state. When it is found that independent institutions can meet state 18
needs effectively, state resources may be used to contract with or otherwise assist 19
independent institutions in meeting these needs; 20
(31) Create advisory groups representing the presidents, faculty, nonteaching staff, and 21
students of the public postsecondary education system and the independent colleges 22
and universities; 23
(32) Develop a statewide policy to promote employee and faculty development in state 24
and locally operated secondary area technology centers through the waiver of 25
tuition for college credit coursework in the public postsecondary education system. 26
Any regular full -time employee of a state or locally operated secondary area 27
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technology center may, with prior administrative approval of the course offering 1
institution, take a maximum of six (6) credit hours per term at any public 2
postsecondary institution. The institution shall waive the tuition up to a maximum 3
of six (6) credit hours per term. The employee shall complete the Free Application 4
for Federal Student Aid to determine the leve l of need and eligibility for state and 5
federal financial aid programs. The amount of tuition waived shall not exceed the 6
cost of tuition at the institution less any state or federal grants received, which shall 7
be credited first to the student's tuition; 8
(33) Participate with the Kentucky Department of Education, the Kentucky Board of 9
Education, and postsecondary education institutions to ensure that academic content 10
requirements for successful entry into postsecondary education programs are 11
aligned with h igh school content standards and that students who master the high 12
school academic content standards shall not need remedial courses. The council 13
shall monitor the results on an ongoing basis; 14
(34) Cooperate with the Kentucky Department of Education and th e Education 15
Professional Standards Board in providing information sessions to selected 16
postsecondary education content faculty and teacher educators of the high school 17
academic content standards as required under KRS 158.6453(2)(l); 18
(35) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 19
participation of the public institutions as required in KRS 151B.133; 20
(36) Pursuant to KRS 63.080, review written notices from the Governor or from a board 21
of trustees or board of regents concerning removal of a board member or the entire 22
appointed membership of a board, investigate the member or board and the conduct 23
alleged to support removal, and make written recommendations to the Governor 24
and the Legislative Research Commiss ion as to whether the member or board 25
should be removed; and 26
(37) Exercise any other powers, duties, and responsibilities necessary to carry out the 27
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purposes of this chapter. Nothing in this chapter shall be construed to grant the 1
Council on Postsecondary Education authority to disestablish or eliminate any 2
college of law which became a part of the state system of higher education through 3
merger with a state college. 4
Section 2. This Act may be cited as the Welcome Back to My Old Kentucky 5
Home Initiative. 6