AN ACT relating to proactive postsecondary admission.

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AN ACT relating to proactive postsecondary admission. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Council" means the Council on Postsecondary Education; and 6
(b) "Department" means the Kentucky Department of Education. 7
(2) There is hereby established a proactive postsecondary admissions program to: 8
(a) Notify high school students of eligibility for prospective admission to a 9
public postsecondary education institution; and 10
(b) Provide instructions to high school student s on how to access the common 11
online application to apply for full admission to public postsecondary 12
education institutions in Kentucky. 13
(3) No later than July 1, 2027, each public postsecondary education institution shall: 14
(a) Establish a minimum academi c qualification for prospective admission to 15
the institution through the proactive postsecondary admissions program 16
that exclusively includes: 17
1. A minimum grade point average; or 18
2. A combination of a minimum grade point average and minimum score 19
on a nat ionally recognized college readiness examination accepted by 20
the institution; and 21
(b) Implement a common online application approved by the council for the 22
purpose of evaluating the admission of full-time, first-year students. 23
(4) Each public school district shall: 24
(a) Annually invite each student enrolled in a public high school to participate 25
in the proactive postsecondary admissions program and select a preferred 26
communication method for program correspondence; and 27
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(b) No later than July 1 each year, no tify the department of each high school 1
student that has agreed to participate in the proactive postsecondary 2
admissions program and his or her preferred communication method. 3
(5) (a) On or before September 1, the department shall annually provide the 4
following information to each public postsecondary education institution 5
for each student who is enrolled at a Kentucky public high school or a 6
certified nonpublic high school and who has not been opted out of sharing 7
directory information in accordance with 34 C. F. R. sec. 99.37: 8
1. Name; 9
2. Address; 10
3. Enrolled school district; 11
4. Grade level; 12
5. Phone number; and 13
6. Email address. 14
(b) On or before September 1, the department shall annually provide the 15
directory information required by paragraph (a) of this subsection to each 16
public postsecondary education institution for each student that is enrolled 17
at a Kentucky public high school or certified nonpublic high school who 18
has agreed to participate in the proactive postsecondary admissions 19
program, and shall also include the student's: 20
1. Cumulative unweighted grade point average; 21
2. Highest score on a nationally recognized college readiness 22
examination approved by the council; 23
3. If applicable, status as a graduate of the Kentucky Governor's 24
Scholars Program , Governor's School for the Arts, or Governor's 25
School for Entrepreneurs; and 26
4. Preferred communication method. 27
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(6) (a) Beginning in 2028, each public postsecondary education institution shall 1
utilize data provided by the council pursuant to subsection (5) of this section 2
to send to each eligible high school student that meets or exceeds the 3
minimum qualification for prospective admission to the institution a 4
personalized prospective admissions notification that provides: 5
1. Notice of the recipient student's eligibility for prospective admission; 6
2. Instructions for the recipient student to access the common online 7
application to apply for full admission to the institution; 8
3. Instructions for the recipient student to access state financial aid and 9
scholarship or grant opportunities; 10
4. Information on the cost of attending the institution and the workforce 11
outcomes of students, including a link to the information reported in 12
accordance with KRS 164.0284; and 13
5. Notice of institutional aid opportunities. 14
(b) A personalized prospective admission notification sent pursuant to 15
paragraph (a) of this subsection shall not constitute an offer or guarantee 16
of admission to a public postsecondary education institution. 17
(7) Each public postsecondary education institution shall retain the right to perform 18
a comprehensive review of all admissions applications internally. An institution 19
shall not be required to grant acceptance or priority consi deration to any student 20
that applies to the institution, regardless of whether: 21
(a) The application was submitted through the proactive postsecondary 22
admissions program established by this section; or 23
(b) An applicant meets or exceeds the minimum qualifica tion for prospective 24
admission to the institution established pursuant to subsection (3)(a) of this 25
section. 26
(8) The council shall collaborate with the public postsecondary education institutions 27
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to: 1
(a) Promote and evaluate the proactive postsecondary ad missions program and 2
discuss best practices for proactive admission notifications; and 3
(b) Report annually on the program’s effectiveness to the Legislative Research 4
Commission for referral to the appropriate Interim Joint Committee on 5
Education. 6
(9) The department shall collaborate with local school districts to: 7
(a) Maximize student participation in the proactive postsecondary admissions 8
program; and 9
(b) Submit an annual report to the Legislative Research Commission for 10
referral to the appropriate Interim Joint Committee on Education on the 11
proactive postsecondary admissions program that includes: 12
1. The percentage of students at each school and school district that 13
agreed to participate in the proactive postsecondary admissions 14
program; 15
2. The methods utilized by a school or school district to invite students to 16
participate in the proactive postsecondary admissions program and the 17
effectiveness of each method; and 18
3. Perceived barriers to student participation in the proactive 19
postsecondary admissions program. 20
SECTION 2. A NEW SECTION OF KRS CHAPTER 151B IS CREATED TO 21
READ AS FOLLOWS: 22
(1) On or before September 1 of each year, the Kentucky Department of Education 23
shall submit to the Kentucky Center for Statistics a compil ed list of all high 24
school students who most recently completed their junior year that includes each 25
student's: 26
(a) Name; 27
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(b) Date of birth; 1
(c) Address; 2
(d) For students enrolled in a public school district: 3
1. Enrolled school district; and 4
2. School identification number; 5
(e) Last four (4) digits of his or her Social Security number; 6
(f) Cumulative unweighted grade point average; and 7
(g) Highest score on a nationally recognized college readiness examination 8
approved by the Council on Postsecondary Education that is in the 9
possession of the department. 10
(2) The Kentucky Center for Statistics, in collaboration with the Kentucky 11
Department of Education and the Council on Postsecondary Education, shall 12
annually publish data on academic and workforce outcomes of each cohort 13
reported to the center in accordance with Section 1 of this Act, including the 14
cohort's college -going rates, postsecondary c redential attainment, and 15
employment and wage outcomes. The Kentucky Center for Statistics shall not 16
include any personally identifiable information for individuals included within 17
each cohort as part of the published data. 18
Section 3. KRS 164.020 is amended to read as follows: 19
The Council on Postsecondary Education in Kentucky shall: 20
(1) Develop and implement the strategic agenda with the advice and counsel of the 21
Strategic Committee on Postsecondary Education. The council shall provide for and 22
direct the planning process and subsequent strategic implementation plans based on 23
the strategic agenda as provided in KRS 164.0203; 24
(2) Revise the strategic agenda and strategic implementation plan with the advice and 25
counsel of the committee as set forth in KRS 164.004; 26
(3) Develop a system of public accountability related to the strategic agenda by 27
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evaluating the performance and effectiveness of the state's postsecondary system. 1
The council shall prepare a report in conjunction wi th the accountability reporting 2
described in KRS 164.095, which shall be submitted to the committee, the 3
Governor, and the General Assembly by December 1 annually. This report shall 4
include a description of contributions by postsecondary institutions to th e quality of 5
elementary and secondary education in the Commonwealth; 6
(4) Review, revise, and approve the missions of the state's universities and the 7
Kentucky Community and Technical College System. The Council on 8
Postsecondary Education shall have the fin al authority to determine the compliance 9
of postsecondary institutions with their academic, service, and research missions; 10
(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 11
provide for an integrated system of postsecon dary education. The council shall 12
guard against inappropriate and unnecessary conflict and duplication by promoting 13
transferability of credits and easy access of information among institutions; 14
(6) Engage in analyses and research to determine the overall n eeds of postsecondary 15
education and adult education in the Commonwealth; 16
(7) Develop plans that may be required by federal legislation. The council shall for all 17
purposes of federal legislation relating to planning be considered the "single state 18
agency" as that term may be used in federal legislation. When federal legislation 19
requires additional representation on any "single state agency," the Council on 20
Postsecondary Education shall establish advisory groups necessary to satisfy federal 21
legislative or regulatory guidelines; 22
(8) (a) Determine tuition and approve the minimum qualifications for admission to 23
the state postsecondary educational system. In defining residency, the council 24
shall classify a student as having Kentucky residency if the student met th e 25
residency requirements at the beginning of his or her last year in high school 26
and enters a Kentucky postsecondary education institution within two (2) 27
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years of high school graduation. In determining the tuition for non -Kentucky 1
residents, the council shall consider the fees required of Kentucky students by 2
institutions in adjoining states, the resident fees charged by other states, the 3
total actual per student cost of training in the institutions for which the fees 4
are being determined, and the ratios of Kentucky students to non -Kentucky 5
students comprising the enrollments of the respective institutions, and other 6
factors the council may in its sole discretion deem pertinent, except that the 7
Kentucky Community and Technical College System may assess a man datory 8
student fee not to exceed eight dollars ($8) per credit hour to be used 9
exclusively for debt service on amounts not to exceed seventy -five percent 10
(75%) of the total projects cost of the Kentucky Community and Technical 11
College System agency bond projects included in 2014 Ky. Acts ch. 117, Part 12
II, J., 11. 13
(b) The Kentucky Community and Technical College System mandatory fee 14
established in this subsection shall only be used for debt service on agency 15
bond projects. 16
(c) Any fee established as provided by this subsection shall cease to be assessed 17
upon the retirement of the project bonds for which it services debt. 18
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical 19
College System shall certify in writing to the secretary of the Finance and 20
Administration Cabinet that sufficient funds have been raised to meet the 21
local match equivalent to twenty-five percent (25%) of the total project cost; 22
(9) Devise, establish, and periodically review and revise policies to be used in making 23
recommendations to the Governor for consideration in developing 24
recommendations to the General Assembly for appropriations to the universities, 25
the Kentucky Community and Technical College System, and to support strategies 26
for persons to maintain necessary l evels of literacy throughout their lifetimes. The 27
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council has sole discretion, with advice of the Strategic Committee on 1
Postsecondary Education and the executive officers of the postsecondary education 2
system, to devise policies that provide for allocatio n of funds among the 3
universities and the Kentucky Community and Technical College System; 4
(10) Lead and provide staff support for the biennial budget process as provided under 5
KRS Chapter 48, in cooperation with the committee; 6
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 7
capital construction projects covered by KRS 45.750(1)(f), including real 8
property acquisitions, and regardless of the source of funding for projects or 9
acquisitions. Approval of capital projects and real property acquisitions shall 10
be on a basis consistent with the strategic agenda and the mission of the 11
respective universities and the Kentucky Community and Technical College 12
System. 13
(b) The organized groups that are establishing community college satellites as 14
branches of existing community colleges in the counties of Laurel, Leslie, and 15
Muhlenberg, and that have substantially obtained cash, pledges, real property, 16
or other commitments to build the satellite at no cost to the Commonwealth, 17
other than operating costs that shall be paid as part of the operating budget of 18
the main community college of which the satellite is a branch, are authorized 19
to begin construction of the satellite on or after January 1, 1998; 20
(12) Require reports from the executive officer of each institution it deems necessary for 21
the effectual performance of its duties; 22
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 23
services and programs provided by private postsecondary institutions and shall 24
promote maximum cooperation between the state postsecondary system and private 25
postsecondary institutions. Receive and consider an annual report prepared by the 26
Association of Independent Kentucky Colleges and Universities stating the 27
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condition of independ ent institutions, listing opportunities for more collaboration 1
between the state and independent institutions and other information as appropriate; 2
(14) Establish course credit, transfer, and degree components as required in KRS 3
164.2951; 4
(15) (a) Define a nd approve the offering of all postsecondary education technical, 5
associate, baccalaureate, graduate, and professional degree, certificate, or 6
diploma programs in the public postsecondary education institutions. The 7
council shall not approve a new degree, certificate, or diploma program that 8
includes a requirement for a course or training of which the primary purpose 9
is to indoctrinate participants with a discriminatory concept. 10
(b) The council shall expedite wherever possible the approval of requests from 11
the Kentucky Community and Technical College System board of regents 12
relating to new certificate, diploma, technical, or associate degree programs of 13
a vocational -technical and occupational nature. Without the consent of the 14
General Assembly, the council s hall not abolish or limit the total enrollment 15
of the general program offered at any community college to meet the goal of 16
reasonable access throughout the Commonwealth to a two (2) year course of 17
general studies designed for transfer to a baccalaureate program. This does not 18
restrict or limit the authority of the council, as set forth in this section, to 19
eliminate or make changes in individual programs within that general 20
program; 21
(16) Eliminate, in its discretion, existing programs or make any changes in existing 22
academic programs at the state's postsecondary educational institutions, taking into 23
consideration these criteria: 24
(a) Consistency with the institution's mission and the strategic agenda; 25
(b) Alignment with the priorities in the strategic implementation plan for 26
achieving the strategic agenda; 27
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(c) Elimination of unnecessary duplication of programs within and among 1
institutions; 2
(d) Efforts to create cooperative programs with other institutions through 3
traditional means, or by use of distance learning technology and electronic 4
resources, to achieve effective and efficient program delivery; and 5
(e) Alignment with KRS 164.2895, including the elimination of any program that 6
includes a requirement fo r a course or training of which the primary purpose 7
is to indoctrinate participants with a discriminatory concept; 8
(17) Ensure the governing board and faculty of all postsecondary education institutions 9
are committed to providing instruction free of discri mination against students who 10
hold political views and opinions contrary to those of the governing board and 11
faculty; 12
(18) Review proposals and make recommendations to the Governor regarding the 13
establishment of new public community colleges, technical ins titutions, and new 14
four (4) year colleges; 15
(19) Ensure the coordination, transferability, and connectivity of technology among 16
postsecondary institutions in the Commonwealth including the development and 17
implementation of a technology plan as a component of the strategic agenda; 18
(20) Approve the teacher education programs in the public institutions that comply with 19
standards established by the Education Professional Standards Board pursuant to 20
KRS 161.028; 21
(21) Constitute the representative agency of the Co mmonwealth in all matters of 22
postsecondary education of a general and statewide nature which are not otherwise 23
delegated to one (1) or more institutions of postsecondary learning. The 24
responsibility may be exercised through appropriate contractual relation ships with 25
individuals or agencies located within or without the Commonwealth. The authority 26
includes but is not limited to contractual arrangements for programs of research, 27
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specialized training, and cultural enrichment; 1
(22) Maintain procedures for the a pproval of a designated receiver to provide for the 2
maintenance of student records of the public institutions of higher education and the 3
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 4
165A.310 which offer collegiate level c ourses for academic credit, which cease to 5
operate. Procedures shall include assurances that, upon proper request, subject to 6
federal and state laws and regulations, copies of student records shall be made 7
available within a reasonable length of time for a minimum fee; 8
(23) Monitor and transmit a report on compliance with KRS 164.351 to the director of 9
the Legislative Research Commission for distribution to the Interim Joint 10
Committee on Families and Children; 11
(24) (a) Develop in cooperation with each publi c university and the Kentucky 12
Community and Technical College System a comprehensive orientation and 13
education program for new members of the council and the governing boards 14
and continuing education opportunities for all council and board members. 15
For new members of the council and institutional governing boards, the 16
council shall: 17
1. Ensure that the orientation and education program comprises six (6) 18
hours of instruction time and includes but is not limited to information 19
concerning the roles of the counc il and governing board members, the 20
strategic agenda and the strategic implementation plan, and the 21
respective institution's mission, budget and finances, strategic plans and 22
priorities, institutional policies and procedures, board fiduciary 23
responsibilities, legal considerations including open records and open 24
meetings requirements, ethical considerations arising from board 25
membership, and the board member removal and replacement 26
provisions of KRS 63.080; 27
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2. Establish delivery methods by which the orientat ion and education 1
program can be completed in person or electronically by new members 2
within one (1) year of their appointment or election; 3
3. Provide an annual report to the Governor and Legislative Research 4
Commission of those new board members who do no t complete the 5
required orientation and education program; and 6
4. Invite governing board members of private colleges and universities 7
licensed by the Council on Postsecondary Education to participate in the 8
orientation and education program described in this subsection; 9
(b) Offer, in cooperation with the public universities and the Kentucky 10
Community and Technical College System, continuing education 11
opportunities for all council and governing board members; and 12
(c) Review and approve the orientation progra ms of each public university and 13
the Kentucky Community and Technical College System for their governing 14
board members to ensure that all programs and information adhere to this 15
subsection; 16
(25) Develop a financial reporting procedure to be used by all sta te postsecondary 17
education institutions to ensure uniformity of financial information available to 18
state agencies and the public; 19
(26) Select and appoint a president of the council under KRS 164.013; 20
(27) Employ consultants and other persons and employees as may be required for the 21
council's operations, functions, and responsibilities; 22
(28) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 23
governing its powers, duties, and responsibilities as described in this section; 24
(29) Prepare and present by January 31 of each year an annual status report on 25
postsecondary education in the Commonwealth to the Governor, the Strategic 26
Committee on Postsecondary Education, and the Legislative Research Commission; 27
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(30) Consider the role, function, an d capacity of independent institutions of 1
postsecondary education in developing policies to meet the immediate and future 2
needs of the state. When it is found that independent institutions can meet state 3
needs effectively, state resources may be used to co ntract with or otherwise assist 4
independent institutions in meeting these needs; 5
(31) Create advisory groups representing the presidents, faculty, nonteaching staff, and 6
students of the public postsecondary education system and the independent colleges 7
and universities; 8
(32) Develop a statewide policy to promote employee and faculty development in state 9
and locally operated secondary area technology centers through the waiver of 10
tuition for college credit coursework in the public postsecondary education sys tem. 11
Any regular full -time employee of a state or locally operated secondary area 12
technology center may, with prior administrative approval of the course offering 13
institution, take a maximum of six (6) credit hours per term at any public 14
postsecondary institution. The institution shall waive the tuition up to a maximum 15
of six (6) credit hours per term. The employee shall complete the Free Application 16
for Federal Student Aid to determine the level of need and eligibility for state and 17
federal financial aid p rograms. The amount of tuition waived shall not exceed the 18
cost of tuition at the institution less any state or federal grants received, which shall 19
be credited first to the student's tuition; 20
(33) Participate wit h the Kentucky Department of Education, the Kentucky Board of 21
Education, and postsecondary education institutions to ensure that academic content 22
requirements for successful entry into postsecondary education programs are 23
aligned with high school content s tandards and that students who master the high 24
school academic content standards shall not need remedial courses. The council 25
shall monitor the results on an ongoing basis; 26
(34) Cooperate with the Kentucky Department of Education and the Education 27
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Professional Standards Board in providing information sessions to selected 1
postsecondary education content faculty and teacher educators of the high school 2
academic content standards as required under KRS 158.6453(2)(l); 3
(35) Cooperate with the Office of the Kentu cky Center for Statistics and ensure the 4
participation of the public institutions as required in KRS 151B.133; 5
(36) Pursuant to KRS 63.080, review written notices from the Governor or from a board 6
of trustees or board of regents concerning removal of a boa rd member or the entire 7
appointed membership of a board, investigate the member or board and the conduct 8
alleged to support removal, and make written recommendations to the Governor 9
and the Legislative Research Commission as to whether the member or board 10
should be removed;[ and] 11
(37) (a) Establish a common online application to be used by prospective students 12
applying to public postsecondary institutions pursuant to Section 1 of this 13
Act; and 14
(b) Maintain a website for students to apply to Kentucky public postsecondary 15
institutions through the common application implemented pursuant to 16
subsection (3)(b) of Section 1 of this Act. The website shall embed or link to 17
the information required to be published pursuant to KRS 164.0284; and 18
(38) Exercise any other powers, duties, and responsibilities necessary to carry out the 19
purposes of this chapter. Nothing in this chapter shall be construed to grant the 20
Council on Postsecondary Education authority to disestablish or eliminate any 21
college of law which became a p art of the state system of higher education through 22
merger with a state college. 23
Section 4. On or before November 1, 2027, each public postsecondary 24
education institution shall provide the Council on Postsecondary Educat ion the 25
institution's form that will be used to create student's personalized prospective admissions 26
notification described in Section 1 of this Act. The council shall review each form to 27
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ensure compliance with Section 1 of this Act and offer suggestions t o an institution to 1
improve the effectiveness of the institution's participation in the proactive postsecondary 2
admissions program. 3
Section 5. (1) In 2027, the Kentucky Higher Education Assistance 4
Authority communication notifying students of their eligibility for Kentucky educational 5
excellence scholarships shall begin including a single link, QR code, or web address, 6
provided by the Council on Postsecondary Education, that provides students access to the 7
common online application required by Section 1 of this Act. 8
(2) The Kentucky Higher Education Assistance Authority shall consult with the 9
Kentucky Department of Education to evaluate the feasibility and effectiveness of 10
sending the communication notifying students of t heir eligibility for Kentucky 11
educational excellence scholarships electronically. 12
Section 6. This Act may be cited as the My Kentucky Future Act. 13