AN ACT relating to public postsecondary education institutions.

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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
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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 legislatio n. 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 incoming 11
Kentucky resident students and seven percent (7%) in any one (1) year 12
for non-Kentucky resident students without approval from the General 13
Assembly; 14
2. Tuition and mandatory student fees at the University of Lou isville, 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 tu ition and mandatory student fees charged to 25
the student by that institution for any subsequent term in the program 26
shall not exceed the amount of tuition and mandatory student fees for 27
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an incoming Kentucky resident student in the same program that 1
term; 2
4. If a Kentucky resident student fails to maintain continuous enrollment 3
at the University of Louisville, the University of Kentucky, or a 4
comprehensive university, the tuition and mandatory student fees 5
charged to the student for any subsequent term in tha t program shall 6
not exceed the amount of tuition and mandatory student fees for an 7
incoming Kentucky resident student in the same program that term; 8
5. An institution shall notify any non -Kentucky resident student or 9
continuing Kentucky resident student of any increase in tuition or 10
mandatory student fees that would impact the student at least four (4) 11
months prior to the effective date of the increase; 12
6. An increase in tuition and mandatory student fees for any program 13
shall be determined by the council a nd approved by a governing board 14
no later than the March 1 prior to the start of the academic year for 15
which the increase will first apply; and 16
7. As used in this paragraph: 17
a. "Continuous enrollment" means maintaining at least part -time 18
registration at the institution during the fall and spring semester 19
of each academic year; 20
b. "Mandatory student fee" means any fee or cost assessed to all 21
students enrolled in an institution or program of study that is not 22
tuition, including but not limited to any student recreation or 23
activity fee, student government fee, student health plan, 24
mandatory meal plan, facility fee, technology fee, or student -25
endorsed fee; and 26
c. "Program" means an institution's undergraduate program or a 27
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specific graduate program. A student shall not be deemed to have 1
switched programs upon switching from one (1) undergraduate 2
major to another. 3
(b) In defining residency, the council shall classify a student as having Kentucky 4
residency if the student met the residency requirements at the beginni ng of his 5
or her last year in high school and enters a Kentucky postsecondary education 6
institution within two (2) years of high school graduation. In determining the 7
tuition for non-Kentucky residents, the council shall consider the fees required 8
of Kentu cky students by institutions in adjoining states, the resident fees 9
charged by other states, the total actual per student cost of training in the 10
institutions for which the fees are being determined, and the ratios of 11
Kentucky students to non -Kentucky stud ents comprising the enrollments of 12
the respective institutions, and other factors the council may in its sole 13
discretion deem pertinent, except that the Kentucky Community and 14
Technical College System may assess a mandatory student fee not to exceed 15
eight dollars ($8) per credit hour to be used exclusively for debt service on 16
amounts not to exceed seventy -five percent (75%) of the total projects cost of 17
the Kentucky Community and Technical College System agency bond 18
projects included in 2014 Ky. Acts ch. 117, Part II, J., 11. 19
(c)[(b)] The Kentucky Community and Technical College System mandatory fee 20
established in this subsection shall only be used for debt service on agency 21
bond projects. 22
(d)[(c)] Any fee established as provided by this subsection shall cea se to be 23
assessed upon the retirement of the project bonds for which it services debt. 24
(e)[(d)] Prior to the issuance of any bonds, the Kentucky Community and 25
Technical College System shall certify in writing to the secretary of the 26
Finance and Administrat ion Cabinet that sufficient funds have been raised to 27
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meet the local match equivalent to twenty -five percent (25%) of the total 1
project cost; 2
(9) Devise, establish, and periodically review and revise policies to be used in making 3
recommendations to the Gov ernor for consideration in developing 4
recommendations to the General Assembly for appropriations to the universities, 5
the Kentucky Community and Technical College System, and to support strategies 6
for persons to maintain necessary levels of literacy throug hout their lifetimes. The 7
council has sole discretion, with advice of the Strategic Committee on 8
Postsecondary Education and the executive officers of the postsecondary education 9
system, to devise policies that provide for allocation of funds among the 10
universities and the Kentucky Community and Technical College System; 11
(10) Lead and provide staff support for the biennial budget process as provided under 12
KRS Chapter 48, in cooperation with the committee; 13
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 14
capital construction projects covered by KRS 45.750(1)(f), including real 15
property acquisitions, and regardless of the source of funding for projects or 16
acquisitions. Approval o f capital projects and real property acquisitions shall 17
be on a basis consistent with the strategic agenda and the mission of the 18
respective universities and the Kentucky Community and Technical College 19
System. 20
(b) The organized groups that are establishin g community college satellites as 21
branches of existing community colleges in the counties of Laurel, Leslie, and 22
Muhlenberg, and that have substantially obtained cash, pledges, real property, 23
or other commitments to build the satellite at no cost to the Co mmonwealth, 24
other than operating costs that shall be paid as part of the operating budget of 25
the main community college of which the satellite is a branch, are authorized 26
to begin construction of the satellite on or after January 1, 1998; 27
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(12) Require reports from the executive officer of each institution it deems necessary for 1
the effectual performance of its duties; 2
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 3
services and programs provided by private postsecondary inst itutions and shall 4
promote maximum cooperation between the state postsecondary system and private 5
postsecondary institutions. Receive and consider an annual report prepared by the 6
Association of Independent Kentucky Colleges and Universities stating the 7
condition of independent institutions, listing opportunities for more collaboration 8
between the state and independent institutions and other information as appropriate; 9
(14) Establish course credit, transfer, and degree components as required in KRS 10
164.2951; 11
(15) (a) Define and approve the offering of all postsecondary education technical, 12
associate, baccalaureate, graduate, and professional degree, certificate, or 13
diploma programs in the public postsecondary education institutions. The 14
council shall not app rove a new degree, certificate, or diploma program that 15
includes a requirement for a course or training of which the primary purpose 16
is to indoctrinate participants with a discriminatory concept. 17
(b) The council shall expedite wherever possible the approva l of requests from 18
the Kentucky Community and Technical College System board of regents 19
relating to new certificate, diploma, technical, or associate degree programs of 20
a vocational -technical and occupational nature. Without the consent of the 21
General Assembly, the council shall not abolish or limit the total enrollment 22
of the general program offered at any community college to meet the goal of 23
reasonable access throughout the Commonwealth to a two (2) year course of 24
general studies designed for transfer to a baccalaureate program. This does not 25
restrict or limit the authority of the council, as set forth in this section, to 26
eliminate or make changes in individual programs within that general 27
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program; 1
(16) Eliminate, in its discretion, existing programs or m ake any changes in existing 2
academic programs at the state's postsecondary educational institutions, taking into 3
consideration these criteria: 4
(a) Consistency with the institution's mission and the strategic agenda; 5
(b) Alignment with the priorities in the strategic implementation plan for 6
achieving the strategic agenda; 7
(c) Elimination of unnecessary duplication of programs within and among 8
institutions; 9
(d) Efforts to create cooperative programs with other institutions through 10
traditional means, or by use of distance learning technology and electronic 11
resources, to achieve effective and efficient program delivery; and 12
(e) Alignment with KRS 164.2895, including the elimination of any program that 13
includes a requirement for a course or training of which the primary purpose 14
is to indoctrinate participants with a discriminatory concept; 15
(17) Ensure the governing board and faculty of all postsecondary education institutions 16
are committed to providing instruction free of discrimination against students who 17
hold p olitical views and opinions contrary to those of the governing board and 18
faculty; 19
(18) Review proposals and make recommendations to the Governor regarding the 20
establishment of new public community colleges, technical institutions, and new 21
four (4) year colleges; 22
(19) Ensure the coordination, transferability, and connectivity of technology among 23
postsecondary institutions in the Commonwealth including the development and 24
implementation of a technology plan as a component of the strategic agenda; 25
(20) Approve the teacher education programs in the public institutions that comply with 26
standards established by the Education Professional Standards Board pursuant to 27
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KRS 161.028; 1
(21) Constitute the representative agency of the Commonwealth in all matters of 2
postsecondary education of a general and statewide nature which are not otherwise 3
delegated to one (1) or more institutions of postsecondary learning. The 4
responsibility may be exercised through appropriate contractual relationships with 5
individuals or agencies located within or without the Commonwealth. The authority 6
includes but is not limited to contractual arrangements for programs of research, 7
specialized training, and cultural enrichment; 8
(22) Maintain procedures for the approval of a designated receiver to provide for the 9
maintenance of student records of the public institutions of higher education and the 10
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 11
165A.310 which offer collegiate level courses for academic credit, which ce ase to 12
operate. Procedures shall include assurances that, upon proper request, subject to 13
federal and state laws and regulations, copies of student records shall be made 14
available within a reasonable length of time for a minimum fee; 15
(23) Monitor and trans mit a report on compliance with KRS 164.351 to the director of 16
the Legislative Research Commission for distribution to the Interim Joint 17
Committee on Families and Children; 18
(24) (a) Develop in cooperation with each public university and the Kentucky 19
Community and Technical College System a comprehensive orientation and 20
education program for new members of the council and the governing boards 21
and continuing education opportunities for all council and board members. 22
For new members of the council and institut ional governing boards, the 23
council shall: 24
1. Ensure that the orientation and education program comprises six (6) 25
hours of instruction time and includes but is not limited to information 26
concerning the roles of the council and governing board members, the 27
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strategic agenda and the strategic implementation plan, and the 1
respective institution's mission, budget and finances, strategic plans and 2
priorities, institutional policies and procedures, board fiduciary 3
responsibilities, legal considerations including o pen records and open 4
meetings requirements, ethical considerations arising from board 5
membership, and the board member removal and replacement 6
provisions of KRS 63.080; 7
2. Establish delivery methods by which the orientation and education 8
program can be com pleted in person or electronically by new members 9
within one (1) year of their appointment or election; 10
3. Provide an annual report to the Governor and Legislative Research 11
Commission of those new board members who do not complete the 12
required orientation and education program; and 13
4. Invite governing board members of private colleges and universities 14
licensed by the Council on Postsecondary Education to participate in the 15
orientation and education program described in this subsection; 16
(b) Offer, in coopera tion with the public universities and the Kentucky 17
Community and Technical College System, continuing education 18
opportunities for all council and governing board members; and 19
(c) Review and approve the orientation programs of each public university and 20
the Kentucky Community and Technical College System for their governing 21
board members to ensure that all programs and information adhere to this 22
subsection; 23
(25) Develop a financial reporting procedure to be used by all state postsecondary 24
education institutions to ensure uniformity of financial information available to 25
state agencies and the public; 26
(26) Select and appoint a president of the council under KRS 164.013; 27
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(27) Employ con sultants and other persons and employees as may be required for the 1
council's operations, functions, and responsibilities; 2
(28) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 3
governing its powers, duties, and responsibilities as described in this section; 4
(29) Prepare and present by January 31 of each year an annual status report on 5
postsecondary education in the Commonwealth to the Governor, the Strategic 6
Committee on Postsecondary Education, and the Legislative Research Commission; 7
(30) Consider the role, function, and capacity of independent institutions of 8
postsecondary education in developing policies to meet the immediate and future 9
needs of the state. When it is found that independent institutions can meet state 10
needs effectively, state resources may be used to contract with or otherwise assist 11
independent institutions in meeting these needs; 12
(31) Create advisory groups representing the presidents, faculty, nonteaching staff, and 13
students of the public postsecondary education system and the independent colleges 14
and universities; 15
(32) Develop a statewide policy to promote employee and faculty development in state 16
and locally operated secondary area technology centers through the waiver of 17
tuition for college credit coursework in the public postsecondary education system. 18
Any regular full -time employee of a state or locally operated secondary area 19
technology center may, with prior administrative approval of the course offering 20
institution, take a maximum of six (6) credit hours per term at any public 21
postsecondary institution. The institution shall waive the tuition up to a maximum 22
of six (6) credit hours per term. The employee shall complete the Free Application 23
for Federal Student Aid to determine the level of need and eligibil ity for state and 24
federal financial aid programs. The amount of tuition waived shall not exceed the 25
cost of tuition at the institution less any state or federal grants received, which shall 26
be credited first to the student's tuition; 27
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(33) Participate with the Kentucky Department of Education, the Kentucky Board of 1
Education, and postsecondary education institutions to ensure that academic content 2
requirements for successful entry into postsecondary education programs are 3
aligned with high school content sta ndards and that students who master the high 4
school academic content standards shall not need remedial courses. The council 5
shall monitor the results on an ongoing basis; 6
(34) Cooperate with the Kentucky Department of Education and the Education 7
Professional Standards Board in providing information sessions to selected 8
postsecondary education content faculty and teacher educators of the high school 9
academic content standards as required under KRS 158.6453(2)(l); 10
(35) Cooperate with the Office of the Kentuck y Center for Statistics and ensure the 11
participation of the public institutions as required in KRS 151B.133; 12
(36) Pursuant to KRS 63.080, review written notices from the Governor or from a board 13
of trustees or board of regents concerning removal of a board member or the entire 14
appointed membership of a board, investigate the member or board and the conduct 15
alleged to support removal, and make written recommendations to the Governor 16
and the Legislative Research Commission as to whether the member or board 17
should be removed; and 18
(37) 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 e liminate any 21
college of law which became a part of the state system of higher education through 22
merger with a state college. 23
Section 2. This Act may be cited as the Kentucky Student Tuition Protection 24
and Accountability Act. 25
Section 3. This Act takes effect July 1, 2029. 26