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AN ACT relating to Kentucky State University and declaring an emergency. 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) Kentucky State University, recognized as an 1890 land -grant university that is 5
Kentucky's only public Historically Black College or University (HBCU), shall be 6
a four (4) year residential polytechnic institution that focuses on highly technical, 7
industry-based applied learning and offers liberal studies and polytechnic 8
programs that are aligned with the workforce needs of the Commonwealth and 9
consistent with the historical mission of an HBCU. 10
(2) The General Assembly declares that a state of financial exig ency exists at 11
Kentucky State University for five (5) years from the effective date of this Act or 12
until such a date that the General Assembly affirmatively declares, based upon 13
the recommendation of the Council on Postsecondary Education, that the 14
university's finances are stable, whichever occurs first. 15
(3) (a) Kentucky State University shall not enter into any obligation or make any 16
expenditure costing twenty thousand dollars ($20,000) or more without 17
prior approval of the Council on Postsecondary Educa tion, including but 18
not limited to any purchase, contract, or increase due to a personnel action. 19
(b) Kentucky State University shall: 20
1. Provide a monthly report of university finances to the Council on 21
Postsecondary Education in the format requested by the council. The 22
council shall provide a quarterly update on the financial status of the 23
university to the Governor and the Legislative Research Commission; 24
2. Fully cooperate with the council in its exercise of the financial 25
oversight granted to the council under this subsection; 26
3. Timely provide all information and documentation deemed by the 27
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council to be relevant to the financial oversight; and 1
4. Timely consult with the council on all major financial matters during 2
the state of financial exigency declared in subsection (2) of this 3
section. 4
(c) The financial oversight granted to the council under this subsection shall 5
continue for the e ntire duration of the financial exigency declared in 6
subsection (2) of this section. 7
(4) Notwithstanding KRS 164A.560, beginning no later than July 1, 2027, all 8
financial transactions of Kentucky State University shall be reported and 9
reconciled no less th an monthly in the Enhanced Management Administrative 10
Reporting System (EMARS). 11
(5) Kentucky State University shall not incur a budget deficit for the remaining 12
duration of the financial exigency declared in subsection (2) of this section. 13
(6) Any organization registered with the Kentucky Secretary of State or any member 14
or officer of any such organization having entered into a public -private lease 15
agreement with Kentucky State University shall not be eligible to transact any 16
business or enter into any contr act with Kentucky State University or any other 17
agency or instrumentality of the Commonwealth or subdivision thereof after the 18
effective date of this Act. Any such contract purported to be executed or renewed 19
with any such organization or individual after the effective date of this Act shall 20
be null and void. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) The Kentucky State University board of regents, in consultation with the Council 24
on Po stsecondary Education, shall conduct a thorough review of all academic 25
programs for long -term viability, financial stability, alignment with the 26
university's mission as a polytechnic institution, the requirements of subsection 27
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(4) of this section, and othe r criteria determined by the board and the council, 1
and determine the academic programs that the institution proposes to maintain. 2
No later than June 1, 2026, the board shall submit to the council for approval: 3
(a) A list of the programs the board proposes to maintain; and 4
(b) A list of the programs the board recommends to submit to the Southern 5
Association of Colleges and Schools Commission on Colleges (SACSCOC) 6
for closure or other substantive change and the corresponding proposed 7
teach-out plan or teach-out arrangement for each program recommended. 8
(2) The Council on Postsecondary Education shall review the proposals and any 9
teach-out plan and teach -out agreement submitted by the Kentucky State 10
University board in accordance with subsection (1) of this s ection and may direct 11
the board to amend any portion thereof prior to submitting a substantiative 12
change for the review and approval of SACSCOC. Any substantiative change 13
request necessary under this section shall be submitted for the review and 14
approval of SACSCOC no later than July 1, 2026. 15
(3) Kentucky State University shall close each program approved for closure by the 16
SACSCOC and implement the corresponding teach -out plan or teach -out 17
agreement as approved by that accrediting body. 18
(4) Beginning with the 2026 -2027 academic year and continuing for five (5) 19
academic years thereafter, Kentucky State University shall offer no more than ten 20
(10) academic areas of study, excluding any program that is: 21
(a) Exclusively online; 22
(b) In the college of education; and 23
(c) Determined by the Council on Postsecondary Education to be necessary to 24
the university's mission as a polytechnic institution. 25
(5) Notwithstanding any statute to the contrary, the president of Kentucky State 26
University shall have the authority t o terminate employment of any university 27
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employee, including tenured employees in accordance with university policy, 1
upon thirty (30) days' notice for the entire duration of the financial exigency 2
declared in Section 1 of this Act. During this time, the un iversity shall retain only 3
the faculty and staff necessary to support the enrollment target of at least one 4
thousand (1,000) in -person students and the programs maintained by the 5
university in accordance with subsections (1) and (4) of this section. Facult y and 6
staff employed in programs closed in accordance with this section shall be 7
terminated but shall not be prohibited from applying for other positions available 8
at the university. 9
(6) Notwithstanding subsections (4) and (5) of this section, Kentucky St ate University 10
shall abide by all instructions provided by SACSCOC that are required to 11
maintain institutional accreditation. 12
SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) Kentucky State University shall not admit a new applicant for undergraduate 15
admission unless the applicant: 16
(a) 1. Attained a cumulative unweighted high school grade point average of 17
no less than two point five (2.5) on a four (4) point scale; and 18
2. Achieved a composite ACT score of no less than eighteen (18) or an 19
equivalent score on the SAT or another nationally recognized college 20
readiness examination approved by the Council on Postsecondary 21
Education; or 22
(b) Meets the criteria for discretionary un dergraduate admission under 23
alternative admission standards established by the council for the following 24
groups of students: 25
1. Transfer students from an accredited postsecondary education 26
institution with at least: 27
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a. Twenty-four (24) credit hours; and 1
b. A cumulative collegiate grade point average of no less than two 2
point five (2.5) on a four (4) point scale; 3
2. Veterans of the Armed Forces of the United States; 4
3. Graduates of a nonpublic school with a composite ACT score of no 5
less than eighteen (18) o r an equivalent score on the SAT or another 6
nationally recognized college readiness examination approved by the 7
Council on Postsecondary Education; 8
4. Nontraditional age students as defined by KRS 164.092 with 9
demonstrable professional experience; or 10
5. Dual credit students. 11
(2) Any individual with an outstanding balance to Kentucky State University in 12
excess of one thousand dollars ($1,000) due and owing for more than sixty (60) 13
days shall not be admitted or readmitted to the university or permitted to enr oll or 14
continue in any online or in -person course, seminar, or program at the 15
university. The entire outstanding balance shall not be deemed due for a student 16
on a payment plan approved by the university unless one (1) or more payments 17
under the plan have been due and owing for more than sixty (60) days. 18
(3) Except as otherwise provided in this section and notwithstanding any statute to 19
the contrary, the president of Kentucky State University shall have sole discretion 20
as to the admission, readmission, or e nrollment of any student or former student 21
of the university who otherwise meets the university's admission and enrollment 22
criteria for the entire duration of the financial exigency declared in Section 1 of 23
this Act. 24
(4) (a) Kentucky State University shall submit a quarterly report to the Council on 25
Postsecondary Education in the format requested by the council that details 26
each outstanding balance in excess of one thousand dollars ($1,000) that 27
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has been due and owing to the university for more than sixty ( 60) days and 1
the efforts of the university to collect those debts. 2
(b) The council shall provide an annual update on the debts and collection 3
efforts reported under paragraph (a) of this subsection to the Governor and 4
the Legislative Research Commission. 5
(c) The quarterly reporting required in paragraph (a) of this subsection shall 6
continue for the entire duration of the financial exigency declared in 7
Section 1 of this Act and may continue at the discretion of the council at a 8
frequency determined by the council thereafter. 9
SECTION 4. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) Kentucky State University shall: 12
(a) Diligently attempt to collect debts and refer all debts in excess of one 13
thousand do llars ($1,000) that have been due and owing for more than 14
ninety (90) days to the Department of Revenue for collection in accordance 15
with KRS 45.238; 16
(b) Have the unfettered right to intercept federal income tax refunds and state 17
income tax refunds, pursu ant to applicable federal regulations and KRS 18
131.560 to 131.595, to satisfy any debts; and 19
(c) Intercept any federal income tax refunds and state income tax refunds to 20
satisfy any debt in excess of one thousand dollars ($1,000). 21
(2) Notwithstanding KRS 13 1.565 or any other statute to the contrary, the 22
Department of Revenue shall not decline the withholding of individual income 23
tax refunds for debts referred to the department by Kentucky State University. 24
Section 5. KRS 164.290 is amended to read as follows: 25
[(1) ]The state colleges formerly designated as Eastern Kentucky State College, 26
Morehead State College, Murray State College, Western Kentucky State College, 27
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Northern Kentucky State College, and Kentucky State College may be known and 1
recognized as Eastern Kentucky University, Morehead State University, Murray 2
State University, Western Kentucky University, Northern Kentucky University, and 3
Kentucky State University.[ 4
(2) Kentucky State University located at Frankfort, K entucky, is a land -grant state 5
institution and, as such, all the provisions of KRS Chapter 164 shall likewise apply 6
to Kentucky State University. It is the intent of the General Assembly that 7
Kentucky State University shall serve as a four (4) year residen tial institution 8
emphasizing a program of liberal studies appropriate to its size and resources.] 9
Section 6. Kentucky State University fraternities and sororities currently in 10
good standing shall maintain their charter recognition. The board of regents may establish 11
policies for periodic review of student organizations consistent with policies applicable to 12
student organizations at other Kentucky public universities, provided such policies 13
respect freedom of association and apply equally to all student organizations. 14
Section 7. Whereas Kentucky State University is in a state of financial exigency 15
that needs to be remedied, an emergency is declared to exist, and this Act takes effect 16
upon its passage and approval by the Governor or upon its otherwise becoming a law. 17