13 KAR | Title 13 KAR — Council on Postsecondary Education

Chapter 1 Nonpublic Colleges

13 KAR 1:020 Private college licensing {#sec-13-kar-1-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 1:020}

Section 1. Definitions.

(1) "Accredited" means the approval of an accrediting agency.

(2) "Accrediting agency" means a national or regional agency which evaluates colleges and is recognized by the United States Department of Education, the Council on Higher Education Accreditation, or the Council on Postsecondary Education.

(3) "Agent" means any person employed by a college to act as a solicitor, broker, or independent contractor to procure students for the college by solicitation in any form made at any place other than the main campus of the college.

(4) "College" is defined by KRS 164.945(1).

(5) "Degree" is defined by KRS 164.945(2).

(6) "Diploma" is defined by KRS 164.946(3).

(7) "In-state college" means a college that is charted by, organized within, and has its principal location in Kentucky.

(8) "Net tuition and fees" means the total of tuition and mandatory fee revenue less institutional scholarships and fellowships.

(9) "Operating or soliciting" means having a physical presence within Kentucky and includes:

(a) An instructional or administrative site within Kentucky whether owned, leased, rented, or provided without charge;

(b) Instruction, whether theory or clinical, originating from or delivered within Kentucky utilizing teachers, trainers, counselors, advisors, sponsors, or mentors;

(c) An agent, recruiter, in-state liaison personnel, institution, or business located in Kentucky that advises, promotes, or solicits for enrollment, credit, or award of an educational or occupational credential;

(d) An articulation agreement with a Kentucky licensed college or state-supported institution; or

(e) Advertising, promotional material, or public solicitation in any form that targets Kentucky residents through distribution or advertising in the state.

(10) "Out-of-state college" means a college that is chartered, organized, or has its principal location outside of Kentucky.

(11) "President" means the president of the Council on Postsecondary Education.

(12) "Unearned tuition" means the excess of cumulative collections of tuition and other instructional charges over the cumulative amount of earned tuition and other institutional charges prior to the first date of refund in accordance with the college's refund policy.

(13) "Unrestricted cash" means any cash or cash equivalents held by a college which are available to cover payments to students for any unearned tuition.

Section 2. General Requirements.

(1)

(a) Except as provided in paragraph (b) of this subsection or subsection (7) of this section, an in-state or out-of-state college that is operating or soliciting in Kentucky shall be licensed.

(b) If a college is operating or soliciting in Kentucky solely for on-ground instruction at a location outside of Kentucky in which students leave Kentucky to attend, licensure shall not be required.

(2)

(a) An out-of-state college shall be licensed separately for each instructional site in Kentucky.

(b) Except as provided in paragraph (c) of this subsection, an out-of-state college that is operating or soliciting using on-line instruction to Kentucky residents shall be considered to have an online campus which shall be licensed separately as an instructional site.

Is only operating and soliciting under Section 1(9)(b) of this administrative regulation solely due to a faculty member residing in Kentucky and providing online instruction to Kentucky students; and
Has less than one (1) percent of its faculty members residing in Kentucky.

(3) A college awarding a certificate, diploma, associate degree, baccalaureate degree, master's degree, doctoral degree, or other degree, whether the degree is earned or honorary, shall be licensed. If a college's program is also required to be licensed or approved by another state agency as well as the Council on Postsecondary Education, the president shall attempt to coordinate the licensing function with that agency.

(4) A college shall offer only those programs, courses, and degrees, including honorary degrees, specifically authorized in the license.

(5) If a college ceases offering a licensed program, course, or degree, the college shall notify the president in writing and request that the program, course, or degree be removed from the college's license.

(6) Providing false or misleading information shall be grounds for denial of a license, or suspension or revocation of an existing license.

(7) A religious in-state college may operate or solicit in Kentucky if the college submits to the council an Application for Religious In-State College Letter of Exemption per KRS 164.947(2). The institution shall submit an application each year by the anniversary of its initial submission date. As part of the application, the institution shall verify compliance with the requirements established in this subsection.

(a) The institution shall be nonprofit, owned, maintained, and controlled by a church or religious organization which is exempt from property taxation under the laws of Kentucky.

(b) The name of the institution shall include a religious modifier or the name of a religious patriarch, saint, person, or symbol of the church.

(c) The institution shall offer only educational programs that prepare students for religious vocations as ministers or laypersons in the categories of ministry, counseling, theology, religious education, administration, religious music, religious fine arts, media communications, or social work.

(d) The titles of degrees issued by the institution shall be distinguished from secular degree titles by including a religious modifier that:

Immediately precedes, or is included within, any degree title, including an Associate of Arts, Associate of Science, Bachelor of Arts, Bachelor of Science, Master of Arts, Master of Science, Advanced Practice Doctorate, Doctor of Philosophy, or Doctor of Education degree; and
Is placed on the title line of the degree, on the transcript, and wherever the title of the degree appears in official school documents or publications.

(e) The duration of all degree programs offered by the institution shall be consistent with Section 8(8)(b) of this administrative regulation.

(f) The institution shall comply with the truth in advertising requirements established in Section 8(11) of this administrative regulation.

(g)

The institution shall disclose to each prospective student:

a. A statement of the purpose of the institution, its educational programs, and curricula;

b. A description of its physical facilities;

c. Its status regarding licensure;

d. Its fee schedule and policies regarding retaining student fees if a student withdraws;

e. Its refund policy on tuition and other instructional charges; and

f. A statement regarding the transferability of credits to and from other institutions.

The institution shall make the disclosures required by subparagraph 1. of this paragraph in writing at least one (1) week prior to enrollment or collection of any tuition from the prospective student. The required disclosures may be made in the institution's current catalog.

(h) The institution shall not seek to be eligible for state or federal financial aid.

Section 3. Licensure Application Procedures.

(1) An application for a license shall be submitted on the form entitled:

(a) Application for Licensure as an In-State, Non-Public Institution to Operate in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020, if the applicant is an in-state college; or

(b) Application for Licensure as an Out-of-State Institution to Operate in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020, if the applicant is an out-of-state college.

(2) An application shall be accompanied by a copy of the:

(a) College charter;

(b) College catalog;

(d) Student enrollment application;

(e) Student contract or agreement;

(f)

Documentation of accreditation, licensure, or approval by appropriate state, federal, and accrediting agencies; and
Disclosure of any prior loss or denial of:

a. Accreditation with the dates and reason for the loss or denial; or

b. Licensure or approval by an agency in this state or another state with the dates and reason for the loss or denial; and

(g) Disclosure of any former names of the college with the dates each former name was used.

Section 4. Site Visits.

(1) Within ninety (90) working days of the receipt of a full and complete application for a license, a supplementary application, or Application for Annual Maintenance of License or for Renewal of License Pursuant to 13 KAR 1:020, the president may conduct, or may have conducted, a site visit. Personnel conducting the site visit shall possess the expertise appropriate to the type of college to be visited. The purpose of a site visit shall be to make an assessment of a college using the standards for licensure as set forth in Section 8 of this administrative regulation.

(2) The president may conduct, or may have conducted, an announced or unannounced site visit of a licensed college during reasonable business hours to inspect the files, facilities, and equipment as well as conduct interviews to determine the college's compliance with this administrative regulation and KRS 164.945, 164.946, and 164.947.

(3) Failure to provide full access to the college's files, facilities, and equipment or prevention of interviews shall be grounds for denial of a license, or suspension or revocation of an existing license.

(4) Cost of site visits.

(a) Costs connected with a site visit and subsequent visits as may be necessary, such as travel, meals, lodging, and consultant honoraria, shall be paid by the college.

(b) The estimated cost of the site visit shall be paid by the college prior to the site visit.

(c) The final settlement regarding actual expenses incurred shall be paid by the college no later than thirty (30) days after receipt of the invoice.

(d) Failure to pay these costs shall be grounds for denial of a license, or suspension or revocation of an existing license.

Section 5. Action on Licensure Application.

(1) Within ninety (90) working days of the completion of the site visit, or within sixty (60) working days of the submission of a complete licensure application if a site visit is not conducted, the president shall do one (1) of the following:

(a) Issue a license for a period of no less than one (1) year, nor more than two (2) years;

(b) Deny the application for a license;

(d) Issue a conditional license in accordance with subsection (3) of this section if the college has:

Not met all of the standards for licensure when the application is filed; and
Provided a written business plan to the president demonstrating it will meet the standards for licensure within a period not to exceed two (2) years.

(2) If an institution fails to respond in writing to an official notification of deficiency within sixty (60) working days, it shall submit a new application and fee, as required by Section 15 of this administrative regulation, to apply for licensure.

(3) A conditional license shall not exceed a period of two (2) years and shall include the conditions the college shall meet in order for the college to progress toward and eventually meet the standards for licensure, including when the college shall report progress to the president and when the college shall be required to have satisfied all the conditions.

(a) The college's failure to satisfy the conditions within the specified timeframe shall:

Result in automatic revocation of the conditional license; or
Result in an extension of the conditional license based on a determination by the president that the college is making progress in satisfying the conditions in response to the college's written request for an extension with supporting justification.

(b) If the college satisfies all the conditions with the timeframe specified, the president shall issue a license in accordance with subsection (1)(a) of this section.

Section 6. Supplementary Application Procedures.

(1)

(a) A Supplementary Application for Change of Name of Institution Pursuant to 13 KAR 1:020 shall be submitted to the council at least ninety (90) days prior to the effective date of a change in the name of a college.

(b) A Supplementary Application for Change of Location of Principal Location of a College or Location of a Licensed Instructional Site in Kentucky Pursuant to 13 KAR 1:020 shall be submitted to the council at least ninety (90) days prior to the effective date of a change in the principal location of a college or the location of a licensed instructional site in Kentucky.

(c) A Supplementary Application for Change of Ownership or Governance Pursuant to 13 KAR 1:020 shall be submitted to the council at least ninety (90) days prior to the effective date of a change in ownership or governance of a college.

(d) An out-of-state college shall submit a Supplementary Application to Operate as an Out-of-State Institution in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020 at least ninety (90) days prior to implementation of a change to offer an additional certificate, diploma, or degree program, major, or other concentration or specialty at an instructional site.

(e) A Supplementary Application to Operate as an In-State Nonpublic Institution in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020 shall be submitted by an in-state college at least ninety (90) days prior to the effective date of:

A change to offer an additional certificate, diploma, or degree program, major, or other concentration or specialty at the main campus; or
The establishment of an instructional site away from the main campus of an in-state college for the purpose of offering courses for college credit which comprise at least fifty (50) percent of the course requirements for a degree program.

(f) A college shall submit a Supplementary Application for Administrative Site, Recruitment Office, or Advising Center Pursuant to 13 KAR 1:020 at least ninety (90) days prior to the establishment of an administrative site, recruitment office, or advising center in Kentucky, or the change of location of a licensed administrative site, recruitment office, or advising center in Kentucky, if the site, office, or center is not part of a licensed instructional site or proposed instructional site for which the college is seeking licensure.

(g) A college shall submit a Supplementary Application for Notification of Change in Accreditation or Licensure Status Pursuant to 13 KAR 1:020 within thirty (30) days following action by an accrediting agency or another state licensing agency which results in:

A college being placed in a probationary status;
A college losing accreditation or licensure; or
A college being denied accreditation or licensure.

(2) A site visit may be conducted as part of the supplementary application process in accordance with Section 4 of this administrative regulation.

(3) Failure to submit a complete and accurate supplementary application, if required, shall be sufficient cause for denial of a license, or suspension or revocation of an existing license. The president shall notify the college by registered mail, return receipt, of the denial, suspension, or revocation of the college's license.

Section 7. Action on Supplementary Applications.

(1) Within sixty (60) working days of the submission of a complete supplementary application if a site visit is not conducted, or within ninety (90) working days of the completion of a site visit, the president shall do one (1) of the following:

(a) Approve the supplementary application and amend the current license without changing the renewal date;

(b) Deny the supplementary application without amendment to the college's license;

(d) Notify the applicant college of deficiencies which shall be corrected before the supplementary application is approved and the license is amended; or

(e) Issue a conditional license in accordance with subsection (3) of this section if the college has:

Not met all of the standards for licensure when the application is filed; and
Provided a written business plan to the president demonstrating it will meet the standards for licensure within a period not to exceed two (2) years.

(2) If an institution fails to respond in writing to an official notification of deficiency within sixty (60) working days, it shall submit a new application to apply for licensure.

(a) The college's failure to satisfy the conditions within the specified timeframe shall:

Result in automatic revocation of the conditional license; or
Result in an extension of the conditional license based on a determination by the president that the college is making progress in satisfying the conditions in response to the college's written request for an extension with supporting justification.

(b) If the college satisfies all the conditions with the timeframe specified, the president shall amend the current license in accordance with subsection (1)(a) of this section.

Section 8. Standards for Licensure. A college shall meet the requirements and standards established in this section in order to be licensed.

(1) Financial requirements. The college shall adhere to generally accepted accounting practices and present evidence of financial stability, which shall include:

(a) Financial statements including:

A statement of financial position of unrestricted net assets and liabilities, including foundation and trust agreements;
An audit report prepared by an independent certified public accountant for each corporation of the college; and
If available, audit reports for the past three (3) years;

(b) The name of a bank or other financial institution used by the college as a reference;

(c) A statement from the Kentucky Higher Education Assistance Authority related to programs administered by that agency and from the U.S. Department of Education related to programs administered by that department that the college is in good standing; and

(d) An annual operating budget for the college.

(2) Agents. A college shall be responsible for the actions of its agents if acting on behalf of the college.

(3) Guarantee of refund of unearned tuition. A college shall guarantee the refund of any unearned tuition held by the college as established in this subsection.

(a) Except as provided in paragraph (d) of this subsection, an in-state college shall:

Secure and maintain a surety bond equal to or in excess of the largest amount of unearned tuition held by the college at any time during the most recently completed fiscal year, executed by a surety company qualified and authorized to do business in Kentucky, and made payable to the Council on Postsecondary Education;
Maintain an unrestricted cash reserve equal to or in excess of the largest amount of unearned tuition held by the college at any time during the most recently completed fiscal year; or
Provide a letter of credit equal to or in excess of the largest amount of unearned tuition held by the college at any time during the most recently completed fiscal year.

(b) An out-of-state college shall secure and maintain a surety bond:

That is:

a. Equal to or in excess of the largest amount of unearned tuition held by the college at any time during the most recently completed fiscal year; and

b. At least $10,000;

Executed by a surety company qualified and authorized to do business in Kentucky; and
Made payable to the Council on Postsecondary Education.

(c) A college applying for a license for the first time shall estimate the amount of unearned tuition based on projected enrollment and tuition and other instructional charges.

(d) An in-state college licensed continuously by the council for:

Five (5) to ten (10) years shall maintain coverage by surety bond, letter of credit, or unrestricted cash reserve for ten (10) percent of its annual total net tuition and fees collected by the college in its most recently completed fiscal year; or
Ten (10) years or more shall maintain coverage by surety bond, letter of credit, or unrestricted cash reserve for five (5) percent of its annual total net tuition and fees collected by the college in its most recently completed fiscal year.

(e) A college shall provide a letter from an independent certified public accountant confirming that the college is in compliance with this subsection.

(4) Notice required.

(a) If a surety bond is terminated, a college shall notify the president and the license shall automatically expire with the bond unless a replacement bond is provided without a lapse in bonding.

(b) An in-state college using an unrestricted cash reserve or letter of credit to satisfy the provisions of subsection (3) of this section shall notify the president if the unrestricted cash reserve or letter of credit falls below the required amount, and the college shall obtain a surety bond for the required amount.

(c) A college shall notify the president within ten (10) days of the college receiving written notice from the U.S. Department of Education of placement on heightened cash monitoring status or calculation of college's financial responsibility composite score at below 1.0. If an in-state college is using unrestricted cash reserve to satisfy subsection (3) of this section, it shall within thirty (30) days of either event:

Obtain a surety bond or letter of credit in the required amount until the college is satisfactorily removed from heightened cash monitoring status by the U.S. Department of Education or the college's financial responsibility composite score is 1.0 or higher; or
Transfer the unrestricted cash reserve to the Council in the required amount to be held on behalf of the college, which the Council shall return once the college is satisfactorily removed from heightened cash monitoring status by the U.S. Department of Education, the college's financial responsibility composite score is 1.0 or higher, or once all unearned tuition claims have been paid.

(d) Upon notice to the college, the Council may call in a letter of credit upon any valid claim of unearned tuition in the amount of the claim, or for the full amount of the letter if necessary to protect access to those funds. If the full amount of the letter is called, the Council shall return any funds remaining after claims have been paid, either to the bank or the college, as appropriate, after one (1) year from the date of closure of the college.

(e) A college shall notify the president within ten (10) days of the college receiving notice from an accrediting agency or any state or federal agency that the college is the subject of any investigative action or disciplinary matter with the accrediting agency or state or federal agency.

(5) Personnel requirements.

(a) The college shall furnish information regarding the administrative officers, the directors, the owners, and the faculty, as required by the application form.

(b) The chief administrator shall hold at least an earned baccalaureate degree from an accredited or licensed college and shall have sufficient experience to qualify for the position.

For a course or program licensed by the council prior to January 1, 2014:

a. Effective until December 31, 2015, faculty members shall possess academic, scholarly, and teaching qualifications similar to those required for faculty in accredited colleges that offer degrees at comparable levels.

b. Effective beginning on January 1, 2016, faculty members shall meet the requirements established in paragraph (d) of this subsection.

For a course or program not licensed by the council prior to January 1, 2014, faculty members shall meet the requirements established in paragraph (d) of this subsection when the course or program is licensed.

(d) Faculty member qualifications.

Each degree possessed by a faculty member shall be from an institution accredited by an accrediting agency recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.
To teach a certificate or diploma course, a faculty member shall have:

a. A bachelor's degree; or

b. A high school diploma or GED along with one (1) or more of the following:

(i) Completed a training or degree program in the applicable occupational area;

(ii) Demonstrated outstanding professional experience;

(iii) Demonstrated outstanding professional contributions to the discipline being taught; or

(iv) Professional licensure or certification in the field.

To teach an associate degree course not designed for transfer to a baccalaureate degree, a faculty member shall hold:

a. A bachelor's degree in the discipline being taught; or

b. An associate's degree in the discipline being taught along with one (1) or more of the following:

(i) Demonstrated outstanding professional experience;

(ii) Demonstrated outstanding professional contributions to the discipline being taught; or

(iii) Professional licensure or certification in the field.

To teach a general education course, a faculty member shall hold:

a. A master's degree in the discipline being taught; or

b. A master's degree with a minimum of eighteen (18) graduate semester hours in the discipline being taught.

To teach a baccalaureate course or an associate course designed for transfer to a baccalaureate degree, a faculty member shall hold:

a. A master's degree in the discipline being taught;

b. A master's degree with a minimum of eighteen (18) graduate semester hours in the discipline being taught; or

c. A baccalaureate degree in the discipline being taught along with one (1) or more of the following:

(i) Demonstrated outstanding professional experience;

(ii) Demonstrated outstanding professional contributions to the discipline being taught; or

(iii) Professional licensure or certification in the field.

To teach a graduate course, a faculty member shall hold:

a. An earned doctorate or terminal degree in the discipline being taught or in a related discipline; or

b. A master's degree in the discipline being taught along with one (1) or more of the following:

(i) Demonstrated outstanding professional experience;

(ii) Demonstrated outstanding professional contributions to the discipline being taught; or

(iii) Professional licensure or certification in the field.

(e) There shall be a sufficient number of full-time faculty to ensure continuity and stability of the educational program.

(f) Teaching loads of faculty members shall be consistent with recognized educational practices, and shall be appropriate to the field, the variety of courses assigned, class size, and other related factors.

(6) Facilities and equipment.

(a) An instructional program shall be conducted in a facility in accordance with the requirements specified on the application form.

(b) Enrollment shall not exceed the design characteristics of the facilities.

Maintained and operated in compliance with the safety and health requirements set forth in local, city, and county ordinances, and federal and state law; and
Adequate and appropriate for instruction in classrooms and laboratories consistent with accrediting and licensing requirements.

(7) Library resources. The library shall support the programs offered by the college in accordance with this subsection.

(a) A college, through ownership or formal agreements, shall provide and support student and faculty access to adequate library collections, and to other learning and information resources where courses and programs are offered. Library resources shall be appropriate to the degree level offered by the college, and shall be sufficient to support all educational, research, and public service programs.

(b) A college that does not provide its own library facilities, but instead relies on another institution, shall demonstrate that it has permission to utilize the resources of the other institution, by providing a copy of the written agreement to the president with the license application, and prior to the offering of any courses.

(c) A college that is dependent on another college or library for library resources shall make the extent of the dependence and the details of the agreements clear both to the president and to students and faculty.

(d) Library expenditures, expressed as a percentage of the total educational and general budget, shall be consistent with the percentage of library expenditures commonly observed in accredited colleges of similar types.

(e) Library staff shall be qualified as required for accredited colleges of similar types.

(f) Sufficient seating and work space for a reasonable proportion of the faculty and students to be accommodated at one (1) time shall be provided as observed in accredited colleges of similar types.

(g) The library shall provide a safe and secure physical and virtual environment conducive to study and research.

(8) Curriculum. Earned degrees awarded by a college shall be bona fide academic degrees and the courses offered in degree programs shall be of collegiate quality as determined by the president using the criteria established in this section.

(a)

Except as provided in subparagraph 2. of this paragraph, a course offered in a degree program shall be consistent with a course that is generally transferable for credit among accredited colleges where the program is at a corresponding degree level, or for credit toward the baccalaureate degree if a program is at the associate degree level.
A course may be offered that is not transferable based on the uniqueness of a program.

(b) A college shall require a minimum of:

Sixty (60) student credit hours for an associate degree;
120 student credit hours for a baccalaureate degree; or
Thirty (30) student credit hours for a post-baccalaureate, graduate, or first professional degree.

(c) A minimum of twenty-five (25) percent of the student credit hours required for a degree shall be earned through instruction offered by:

The college awarding the degree; or
A college that is:

a. A party to a joint, cooperative, or consortia agreement; and

b. Either:

(i) Licensed by the Council on Postsecondary Education; or

(ii) A Kentucky state-supported postsecondary education institution.

(d) A majority of the student credit hours required for a graduate degree may be met through a joint, cooperative, or consortia agreement in which the instruction is offered by a college that is:

A party to the agreement; and
Either:

a. Licensed by the Council on Postsecondary Education; or

b. A Kentucky state-supported postsecondary education institution.

(e) A college shall have a systematic program of curriculum revision in order to maintain the general standards of accredited colleges with similar programs.

(f) A college shall have a program of evaluation that includes a periodic assessment of the changes in student achievement.

(9) General education.

(a) A minimum of fifteen (15) student credit hours for associate degree programs and thirty (30) student credit hours for baccalaureate degree programs shall be earned in general education, including science, mathematics, social and behavioral sciences, and humanities. A college which offers an interdisciplinary general education program, a block-type program, or other unique general education program shall be considered to be in compliance with the general education requirement if the president determines that the program content and distribution are related to the degree and institutional purposes.

(b) A new college, or any existing college which initiates a new associate degree or baccalaureate degree program or major, or other concentration or specialty, after March 5, 2010, shall comply fully from the outset with the general education requirements.

(10) Program supervision and instructional support. Regardless of location, type of program, method of instruction, or other characteristics, an instructional program for which degree credit is awarded shall include:

(a) Adequate supervision by the college; and

(b) Instructional support necessary to maintain the program.

(11) Truth in advertising. A college shall meet the requirements established in this subsection regarding advertising.

(a) Advertisements, announcements, or promotional material of any kind which are distributed in Kentucky shall not contain any statements that are untrue, deceptive, or misleading with respect to the college, its personnel, its services, or the content, accreditation status, or transferability of its courses or degree programs.

(b) Advertisements, announcements, or other materials produced by or on behalf of the college shall not indicate that the college is "supervised", "recommended", "endorsed", or "accredited" by the Commonwealth of Kentucky, by the Council on Postsecondary Education, or by any other state agency. A statement using the name of the Council on Postsecondary Education, if any, shall be in exactly the following form, based on which statement is applicable to the college:

"(Name of College) is licensed by the Kentucky Council on Postsecondary Education."; or
"(Name of College) has a religious exemption from the Kentucky Council on Postsecondary Education to operate or solicit in Kentucky."

(12) Recruitment and enrollment procedures. A college shall furnish the following to each student prior to enrollment:

(a) The college's policies on grades, attendance, and conduct;

(b) A description of the instructional program;

(d) The schedule of refunds of all charges, rentals, and deposits; and

(e) The student enrollment application, contract, or agreement.

(13) Student affairs.

(a) Students admitted to the college shall have completed a state-approved secondary school program or its equivalent unless dually enrolled in high school.

(b) The college shall provide academic counseling by faculty or staff to each student when admitted and throughout the program.

(c) The college shall make assistance and counseling available to each student who completes a technical or vocational program for the purpose of assisting the student with an appropriate job placement or with transfer.

(d) The college shall maintain sufficient records for each student to provide an understanding of his or her background, to record progress through the instructional program, and for reference purposes. By January 1, 2022, the college shall maintain all student records in an electronic format that is searchable and readily transferable consistent with industry standards. For a college not licensed by the Council prior to January 1, 2020, the college shall meet this requirement when the college is licensed.

(e) Administrative officers of the college shall be knowledgeable of the federal and state laws and administrative regulations concerning the disclosure of student information and shall comply with those laws and administrative regulations.

(f) A college shall make provision for the maintenance of student records if the college ceases operations in accordance with KRS 164.020(23). The location of student records shall be approved in advance by the president.

(14) College policies.

(a) The college shall maintain records in an orderly manner and make them available for inspection by the president or his or her designated representative.

(b) A catalog shall be published and distributed at least every two (2) years and shall include general information, administrative policies, and academic policies of the college including:

General information:

a. Official name and address of the college, name of the chief administrative officers, members of the governing body, and names of principal owners;

b. The college's calendar for the period covered by the catalog including beginning and ending dates of each term or semester, registration and examination dates, legal holidays, and other important dates;

c. Names of faculty, including relevant education and experience; and

d. Full disclosure of the philosophy and purpose of the college;

Administrative policies:

a. Admissions policies and procedures, applicable to the various programs, including policies regarding granting of credit for previous education;

b. Policies and procedures regarding student conduct and behavior and the process for dealing with cases which culminate in probation or dismissal;

c. Schedules for all tuition and instructional charges, and refund schedules for the tuition and instructional charges;

d. Statement of financial aid available to students; and

e. Procedures for obtaining transcripts in a timely fashion and at reasonable cost; and

Academic policies, including:

a. Policy on class attendance;

b. Description of grading system;

c. Description of the degree, diploma, certificate, or other programs, including the course requirements and the time normally required to complete each degree, diploma, certificate, or other program; and

d. Full description of the nature and objectives of all degrees offered.

(c) Refund policy on tuition and other instructional charges. The refund policy shall meet the minimum requirements established in this paragraph.

If tuition and other instructional charges are collected in advance of enrollment and the student fails to enroll, the college shall retain not more than $100, or not more than ten (10) percent of the tuition and other instructional charges for a term or semester, whichever is less.

a. Except as provided in clause b. of this subparagraph, tuition and other instructional charges shall be charged by the enrollment period, and the student shall not be obligated for tuition or other instructional charges relating to an enrollment period that had not begun when the student withdrew.

b. The president may approve program tuition for a specific program at a college if a student may only enroll at the beginning of the program sequence and shall remain in phase. If program tuition is approved, the college shall refund tuition and other instructional charges in accordance with its published refund policy that considers both the coursework completed prior to withdrawal and the coursework that remains.

If a student withdraws from the college, or if a student fails to attend classes for a period of thirty (30) days during which classes are in session, the college shall officially withdraw the student from the college and shall refund an amount reasonably related to the period for which the student is not enrolled and shall refund 100 percent of all other tuition and other fees collected by the college for subsequent enrollment or registration periods unless the student is enrolled in a program for which program tuition is charged as specified in subparagraph 2. of this paragraph.

a. After completion of fifty (50) percent of the enrollment period, the college shall not be required to make refunds of tuition or other fees for that period.

b. In all other cases, including illness or accident, the college shall make a refund settlement.

c. Refunds shall be made within thirty (30) days after notification of withdrawal has been received by the college.

If a college is accredited by an accrediting agency which has a specific refund policy which is more favorable to the student, that policy shall be followed.
An out-of-state college shall refund in accordance with this section unless its policy is more favorable to the student, in which case the latter shall be followed.

Section 9. Failure to Apply for a License.

(1) If a college which is subject to this administrative regulation fails to apply for a license, the president shall notify the college by registered mail of the requirement to obtain a license.

(2) If a license application is not then received within sixty (60) days of notification by the president, the president shall require the chief administrative officer to appear for a hearing as provided in Section 14 of this administrative regulation.

(3) If the chief administrative officer does not appear for the hearing, the president shall refer the case to the appropriate county attorney for enforcement.

Section 10. Annual Maintenance of a College's License and Renewal of a College's License.

(1) A college shall submit an Application for Annual Maintenance of License or for Renewal of License Pursuant to 13 KAR 1:020 to the president by April 1 of each year.

(a) In an odd numbered year, the application shall contain the following information:

Financial Information:

a. A statement from the Kentucky Higher Education Assistance Authority related to programs administered by that agency and from the United States Department of Education related to programs administered by that department that the college is in good standing;

b. A letter prepared by an independent certified public accountant confirming that the college is in compliance with Section 8(3) of this administrative regulation;

c. Financial statement including assets and liabilities and an audit report prepared by an independent certified public accountant within the last year.

Institutional information:

a. Name and address of college;

b. Chief executive officer's name, title, address, phone number, fax number, and email address;

c. Institutional liaison's name, title, address, phone number, fax number, and email address;

d. A current list of the college's agents;

e. Copies of articles of incorporation, charter, constitution, and by-laws if there have been any changes to the documents within the last two (2) years; and

f. A copy of each articulation agreement the college has with a Kentucky licensed college or state-supported institution entered into or changed within the last two (2) years;

Accreditation status:

a. If the college is accredited by an accrediting agency, verification of the college's accreditation status and documentation of any notice of disciplinary action, warning, or probation from any state, federal, or accrediting agency within the past two (2) years; or

b. If an in-state college is not accredited by an accrediting agency, a statement indicating its intention to receive accreditation and its timeline for attainment.

Tuition for the current enrollment period per credit hour, specifying semester hour, quarter hour, or other basis, and per full-time student;
A copy of the college's current catalog;
For an in-state college, a list of all licensed instructional sites away from the main campus of the in-state college for the purpose of offering courses for college credit which comprise at least fifty (50) percent of the course requirements for a degree program, including the name and title of the primary contact of the off-campus site, address, phone number, and program or programs by CIP code offered at the site, or course or courses if not offering an entire degree program at the site;
Program information:

a. Changes, if any, in program requirements for each program within the last two (2) years including admission requirements, courses required, and the number of credit hours required for the program or major;

b. Results of the most recent program evaluation;

c. Methods used to assess student achievement;

d. Results of the most recent assessment of student achievement; and

e. A list of programs withdrawn within the last two (2) years in which there are no longer students enrolled including program title, degree level, CIP code, and address where the program is no longer being offered;

Faculty information: Faculty credentials for each program faculty member employed within the last two (2) years;
Facilities information: Verification of compliance with all applicable local, state, and federal safety and fire codes; and
Library information regarding the library collection and budget, and lease, contract, or letter of agreement authorizing use of another library collection, if any.

(b) In an even numbered year, the application shall only contain the information required by paragraphs (a)1.b. and d., and (a)2.a., b., and c., of this subsection. An institution shall provide any other information listed in paragraph (a) of this subsection upon request of the council.

(2) The president may conduct, or may have conducted, a site visit as part of the annual maintenance of a license or renewal of a license process in accordance with Section 4 of this administrative regulation.

(3) Within ninety (90) working days of the submission of a complete and accurate Application for Annual Maintenance of License or for Renewal of License Pursuant to 13 KAR 1:020 if a site visit is not conducted, or within ninety (90) working days of the completion of a site visit, the president shall:

(a) Notify the college of any deficiencies which shall be corrected before the college's license is maintained or renewed;

(b) Deny maintenance or renewal of the college's license;

(d) Renew the college's license to June 30 of the next year; or

(e) Issue a conditional license in accordance with subsection (4) of this section if the college has:

Not met all of the standards for licensure when the application is filed; and
Provided a written business plan to the president demonstrating it will meet the standards for licensure within a period not to exceed one (1) year.

(4) A conditional license shall not exceed a period of one (1) year and shall include the conditions the college shall meet in order for the college to progress toward and eventually meet the standards for licensure, including when the college shall report progress to the president and when the college shall be required to have satisfied all the conditions.

(a) The college's failure to satisfy the conditions within the specified timeframe shall:

Result in automatic revocation of the conditional license; or
Result in an extension of the conditional license based on a determination by the president that the college is making progress in satisfying the conditions in response to the college's written request for an extension with supporting justification.

(b) If the college satisfies all the conditions with the timeframe specified, the president shall renew the license in accordance with subsection (3)(d) of this section.

(5) A college's failure to submit a complete and accurate Application for Annual Maintenance of License or for Renewal of License Pursuant to 13 KAR 1:020 shall be grounds for denial of a license, or suspension or revocation of an existing license, and the president shall notify the college by registered mail, return receipt, of the denial, suspension, or revocation of the college's license.

Section 11. Required Data Submission.

(1) A licensed college shall submit student attendance and performance data in an electronic format. The required data fields, the format and method of submission, and the dates for submission shall be in accordance with the Licensure Compliance Reporting Manual.

(2) The president may conduct, or may have conducted, a site visit as part of the data submission process in accordance with Section 4 of this administrative regulation.

(3) A college's failure to submit complete, timely, and accurate data shall be sufficient grounds for denial of a license, or suspension or revocation of an existing license, and the president shall notify the college by registered mail, return receipt, of the denial, suspension, or revocation of the college's license.

Section 12. License Expiration.

(1) A license shall automatically expire if the college ceases operating or soliciting.

(2) A college that ceases operating or soliciting shall comply with Section 8(13)(f) of this administrative regulation and KRS 164.020(23).

Section 13. Consumer Complaint Procedure. A person with a complaint or grievance involving misrepresentation against a college licensed under this administrative regulation shall make a reasonable effort to resolve the complaint or grievance directly with the college. If a mutually satisfactory solution cannot be reached, the procedures established in this section shall be followed.

(1) A person shall submit a written complaint to the president which contains evidence relevant to the complaint and documentation that a reasonable effort was made to resolve the complaint directly with the college.

(2) The president shall require an institution to file a written response setting forth the relevant facts concerning the consumer complaint, including a statement on the current status of the complaint, and any resolution of the complaint.

(3) The president shall review the facts as presented and may intervene to bring the matter to a satisfactory conclusion through facilitation, but the facilitation shall not include legal action on behalf of any party.

Section 14. Hearings and Appeals.

(1) The president shall, for cause, require the chief administrative officer, or other officers, of a college to appear for a hearing within thirty (30) working days of notice in order to determine the facts if the president has determined that:

(a) There is sufficient cause for a suspension, a revocation of a license, or placement of a college's license in a probationary status, based upon the college's failure to comply with this administrative regulation; or

(b) A college which is subject to this administrative regulation fails to apply for a license.

(2) The officer, or other officers, of the college may be accompanied at the hearing by counsel of their own choosing and at their expense.

(3) Within thirty (30) working days after a hearing is held or if the college fails to appear for the hearing, the president shall reach a determination and shall issue findings, in writing, to the council and to the chief executive officer of the college.

(4) If it is determined that the public interest requires that sanctions be imposed, the president shall:

(a) Impose one (1) of the following sanctions:

Place the college's license in a probationary status for a designated period not to exceed one (1) year while deficiencies are being corrected;
Suspend the college's license for a period not to exceed one (1) year; or
Revoke the college's license; or

(b) Refer the case to other officials for appropriate legal action.

(5) A college which is sanctioned, whether the sanction is probation, suspension of license, or revocation of license, shall comply with the terms of the sanction.

(6) A college may appeal the actions of the president regarding the denial of issuance of a license or license renewal or the imposition of sanctions according to the procedures established in this subsection.

(a) A college shall notify the president of the intent to appeal an action within fourteen (14) days of the receipt of the letter notifying the college of the action taken.

(b) The president shall request that the Office of Administrative Hearings appoint a hearing officer who shall conduct an administrative hearing consistent with the provisions of KRS 13B.005- 13B.170.

(c) The appeal shall be presented in writing no later than sixty (60) days following the receipt of notification of intent to appeal. The appeal shall be considered on the written record alone.

(d) The appeals officer shall review findings of fact, consider testimony, draw conclusions, and formulate a recommendation consistent with the facts and this administrative regulation.

(e) Upon completion, the report of the appeals officer shall be forwarded to the college and to the president of the Council on Postsecondary Education.

(f) Within thirty (30) working days of receiving the report of the appeals officer, the president shall take one (1) of the following actions:

Issue a license;
Renew the license;
Impose one (1) of the sanctions authorized in this section; or
Refer the case to other officials for appropriate action.

Section 15. License Fees.

(1) The president shall assess a fee in accordance with the Kentucky Licensure Fee Schedule.

(2) Failure to pay a fee shall be sufficient grounds for denial of a license, or suspension or revocation of an existing license.

Section 16. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Licensure as an In-State, Non-Public Institution to Operate in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020", February 2021;

(b) "Application for Licensure as an Out-of-State Institution to Operate in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020", February 2021;

(d) "Supplementary Application for Change of Location of Principal Location of a College or Location of a Licensed Instructional Site in Kentucky Pursuant to 13 KAR 1:020", February 2021;

(e) "Supplementary Application for Change of Ownership or Governance Pursuant to 13 KAR 1:020", February 2021;

(f) "Supplementary Application to Operate as an Out-of-State Institution in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020", February 2021;

(g) "Supplementary Application to Operate as an In-State Nonpublic Institution in the Commonwealth of Kentucky Pursuant to 13 KAR 1:020", February 2021;

(h) "Supplementary Application for Administrative Site, Recruitment Office, or Advising Center Pursuant to 13 KAR 1:020", February 2021;

(i) "Supplementary Application for Notification of Change in Accreditation or Licensure Status Pursuant to 13 KAR 1:020", February 2021;

(j) "Application for Annual Maintenance of License or for Renewal of License Pursuant to 13 KAR 1:020";

(k) "Licensure Compliance Reporting Manual", September 8, 2009;

(l) "Kentucky Licensure Fee Schedule", February 2021; and

(m) "Application for Religious In-State College Letter of Exemption per KRS 164.947(2)", February 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Council on Postsecondary Education, 100 Airport Road, 2nd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 13B.005-13B.170, 164.020(23), 164.945, 164.946, 164.947, 164.992, 165A.320, 20 U.S.C. 1001 et. seq.
STATUTORY AUTHORITY: KRS 164.020(38), 164.947(1), (2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.947(1) requires the Council on Postsecondary Education to promulgate an administrative regulation to establish the procedures for the licensing of colleges as defined in KRS 164.945. KRS 164.947 provides that religious instruction or training shall not be restricted. This administrative regulation establishes the private college licensing requirements and the requirements for religious in-state colleges to apply for an exemption to those licensing requirements.
History: 17 Ky.R. 2552; Am. 2970; eff. 5-3-1991; 36 Ky.R. 826, 1232, 1878, eff. 3-5-2010; 2347; eff. 9-3-2010; 39 Ky.R.1043; 1365; eff. 2-1-2013; TAm, eff. 3-13-2013; 40 Ky.R. 334; 854; 1004; eff. 12-6-2013; 46 Ky.R. 550, 1430, 1791; eff. 1-3-2020; 47 Ky.R. 1797, 2565; eff. 8-31-2021.

13 KAR 1:050 Licensed out-of-state college's eligibility for Kentucky tuition grant {#sec-13-kar-1-050 omnilex-key=us-ky-regs-official--title-13--13 KAR 1:050}

Section 1. Definitions.

(1) "Accredited" means the approval of an accrediting agency.

(4) "College" is defined by KRS 164.945(1).

(5) "Degree" is defined by KRS 164.945(2).

(6) "Out-of-state college" means a college that is chartered, organized, or has its principal location outside of Kentucky.

(7) "President" means the president of the Council on Postsecondary Education.

(8) "Regional accrediting association" is defined by KRS 164.740(18).

Section 2. General Requirements.

(1) If an out-of-state college licensed by the Council on Postsecondary Education is seeking to qualify as an eligible institution in which a student may enroll and receive a Kentucky tuition grant, and if accreditation by the Southern Association of Colleges and Schools is not an option for the college, the college shall apply with the Council on Postsecondary Education.

(2)

(a) Approval by the Council on Postsecondary Education shall be for the sole purpose of qualifying a Kentucky campus or campuses of a college as an eligible institution in which a Kentucky student may enroll and receive a Kentucky tuition grant, and shall not mean that the college is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, the Council on Postsecondary Education, or any other agency.

(b) A college shall not represent its status as seeking or being accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, the Council on Postsecondary Education, or any other agency.

(3)

(a) A college seeking eligibility shall submit the "Application for Council on Postsecondary Education Approval for Eligibility Pursuant to 13 KAR 1:050" for each licensed Kentucky program or instructional site to the president.

(b) A college seeking eligibility shall submit a complete and accurate "Application for Council on Postsecondary Education Approval for Eligibility Pursuant to 13 KAR 1:050" by May 30 of the year prior to the first academic year for which it seeks to be eligible.

(4) The college shall pay a nonrefundable fee of $10,000 to the Council on Postsecondary Education with the submission of the application. Review of the application shall not occur until the fee is paid by the college.

(5) The president shall review the application and documentation submitted by the applicant college.

Section 3. Integrity of College.

(1) The college shall operate with integrity in all matters.

(2) The college shall be responsible for any of its agents and any individual who reports to the president on behalf of a college, either by virtue of his or her office or as delegated by the chief executive officer of the college, in all matters regarding institutional integrity.

(3) Failure to respond appropriately to the president's decisions and requests or to make complete, accurate, and honest disclosure shall be grounds for the president to impose a sanction, including ineligibility under this administrative regulation.

Section 4. Core Requirements. A college applying for approval by the Council on Postsecondary Education shall meet the standards established in this section.

(1) The college shall have a clearly defined, comprehensive, and published mission specific to the college and appropriate for higher education. The mission shall address teaching and learning, and where, applicable, research and public service.

(2) The college shall:

(a) Have degree-granting authority from its home state authorization agency;

(b) Be licensed by the Council on Postsecondary Education in accordance with 13 KAR 1:020 prior to seeking eligibility under this administrative regulation; and

(3) The college shall have a governing board of at least five (5) members that:

(a) Is the legal body with specific authority over the college;

(b) Exercises fiduciary oversight of the college;

(c) Ensures that both the presiding officer of the board and a majority of other voting members of the board are free of any contractual, employment, personal, or familial financial interest in the college;

(d) Is not controlled by a minority of board members or by organizations or colleges separate from it; and

(e) Defines and regularly evaluates its responsibilities and expectations.

(4) The college shall have a chief executive officer selected and evaluated by the college's board whose primary responsibility is to the college and has ultimate responsibility for, and exercises appropriate control over, the college's educational, administrative, and fiscal programs and services.

(5) The college shall employ and regularly evaluate administrative and academic officers with appropriate experience and qualifications to lead the college.

(6) The college shall employ an adequate number of full-time faculty members to support the mission and goals of the college.

(7) The college shall engage in ongoing, comprehensive, and integrated research-based planning and evaluation processes that:

(a) Focus on institutional quality and effectiveness; and

(b) Incorporate a systematic review of institutional goals and outcomes consistent with its mission.

(8) The college shall:

(a) Identify, evaluate, and publish goals and outcomes for student achievement appropriate to the college's mission, the nature of the students it serves, and the kinds of programs offered; and

(b) Use multiple measures to document student success.

(9) The college shall identify expected outcomes, assess the extent to which it achieves those outcomes, and provide evidence of seeking improvement based on analysis of the results in:

(a) Student learning outcomes for each of its educational programs;

(b) Student learning outcomes for collegiate-level general education competencies of its undergraduate degree programs; and

(10) The college shall have educational programs that embody a coherent course of study, are compatible with the stated mission and goals of the college, and are based on fields of study appropriate to higher education.

(11) The college shall require the successful completion of a general education component at the undergraduate level that:

(a) Is based on a coherent rationale;

(b) Is a substantial component of each undergraduate degree program; and

(c) Ensures breadth of knowledge by having at least one (1) course from each of the following areas: humanities and fine arts, social and behavioral sciences, and natural science and mathematics, and the courses do not narrowly focus on skills, techniques, and procedures specific to a particular occupation or profession.

(12) The college shall:

(a) Publish, implement, and disseminate academic policies that adhere to principles of good education practice and that accurately represent the programs and services of the college;

(b) Make available to students and the public current academic calendars, grading policies, cost of attendance, and refund policies;

(c) Ensure the availability of archived official catalogs with relevant information for course and degree requirements; and

(d) Publish and implement policies on the authority of faculty in academic and governance matters, and places primary responsibility for the content, quality, and effectiveness of the curriculum with its faculty.

(13) The college shall:

(a) Publish admissions policies consistent with its mission;

(b) Have recruitment materials and presentations that accurately represent the practices, policies, and accreditation status of the college; and

(c) Ensure that independent contractors or agents used for recruiting purposes and for admission activities are governed by the same principles and policies as institutional employees.

(14) The institution shall publish policies for evaluating, awarding, and accepting credit not originating from the institution that ensure:

(a) The academic quality of any credit or coursework recorded on its transcript;

(b) An approval process with oversight by persons academically qualified to make the necessary judgments; and

(15) The college shall:

(a) Provide adequate and appropriate library and learning and information resources, services, and support for its mission;

(b) Ensure an adequate number of professional and other staff with appropriate education or experience in library or other learning or information resources to accomplish the mission of the college; and

(c) Provide students and faculty with access and user privileges to its library services, and access to regular and timely instruction in the use of the library and other learning or information resources.

(16) The college shall:

(a) Provide appropriate academic and student support programs, services, and activities consistent with its mission;

(b) Publish appropriate and clear procedures for addressing written student complaints, demonstrate that it follows the procedures when resolving student complaints, and maintain a record of its student complaints; and

(c) Provide information and guidance to help student borrowers understand how to manage their debt and repay their loans.

(17) The college shall have sound financial resources and a demonstrated, stable financial base to support the mission of the college and the scope of its programs and services.

(18) The college shall provide:

(a) An institutional audit for the most recent fiscal year prepared by an independent certified public accountant or appropriate governmental auditing agency employing the appropriate audit guide;

(b) A statement of financial position of unrestricted net assets, exclusive of plant assets and plant-related debt, which represents the change in unrestricted net assets attributable to operations for the most recent year; and

(c) An annual budget that is preceded by sound planning, is subject to sound fiscal procedures, and is approved by the governing board.

(19) The college shall:

(a) Be in compliance with its program responsibilities under Title IV of the most recent Higher Education Act as amended; and

(b) Audit financial aid programs as required by federal and state regulation.

(20) The college shall ensure adequate physical facilities and resources that appropriately serve the needs of the college's educational programs, support services, and other missions-related activities and take steps to provide a healthy, safe, and secure environment for all members of the campus community.

Section 5. Action on Application. Within six (6) months of the submission of an "Application for Council on Postsecondary Education Approval for Eligibility Pursuant to 13 KAR 1:050" the president shall do one (1) of the following:

(1) Approve the applicant college for status as an eligible institution in which a student may enroll and receive a Kentucky tuition grant for ten (10) years;

(2) Deny the applicant college for status as an eligible institution; or

(3) Notify the applicant college of deficiencies which shall be corrected before approval is granted.

Section 6. Renewal.

(1) Beginning with the 2022-2023 academic year, a college approved by the Council for eligibility for ten (10) years shall seek renewal of eligibility by submitting the "Application for Council on Postsecondary Education Approval for Eligibility Pursuant to 13 KAR 1:050" by May 30 of the year prior to its eligibility expiration, and shall pay a nonrefundable fee of $10,000 to the Council on Postsecondary Education with the submission of the application. Review of the application shall not occur until the fee is paid by the college.

(2) A college that was previously approved by the Council for eligibility beginning with the 2011-2012 academic year shall seek renewal of eligibility by submitting the "Application for Council on Postsecondary Education Approval for Eligibility Pursuant to 13 KAR 1:050" by May 30, 2021 in order to seek eligibility beyond the month and day of its initial eligibility for 2022, and shall pay a nonrefundable fee of $10,000 to the Council on Postsecondary Education with the submission of the application. Review of the application shall not occur until the fee is paid by the college.

Section 7. Substantive Change.

(1) Approval pursuant to this administrative regulation shall be specific to a licensed college and based on conditions existing at the time of the most recent evaluation and shall not be transferable to other colleges or entities.

(2) An approved college shall notify the president within thirty (30) days of action by an accrediting agency that results in the college being placed on probationary status, a college losing accreditation, or a college being denied accreditation.

(3) The president shall be responsible for evaluating all substantive changes to assess the impact of the change on the college's compliance with this administrative regulation.

(4) A college's failure to comply with this section shall be grounds for ineligibility under this administrative regulation.

(5) If a college is unclear as to whether a change is substantive in nature, the college shall contact the Council on Postsecondary Education in writing for consultation.

(6) A substantive change shall include:

(a) Action by an accrediting agency that results in the college being placed on probationary status, a college losing accreditation, or a college being denied accreditation;

(b) Initiating a merger or consolidation;

(d) Relocating a licensed Kentucky instructional site or principal location of the college;

(e) Changing the college's governance, ownership, control, or legal status;

(f) Changing the name of the college;

(g) Altering significantly the length of a program;

(h) Adding a new instructional site or program licensed in accordance with 13 KAR 1:020;

(i) Denial, suspension, or revocation of licensure by the Council on Postsecondary Education pursuant to 13 KAR 1:020; or

(j) Closing the college, a Kentucky licensed instructional site, or a Kentucky licensed program and initiating teach out agreements.

(7) Within six (6) months of notification by the college of a substantive change the president shall do one (1) of the following:

(a) Approve the substantive change and continue approval under this administrative regulation without changing the approval period;

(b) Deny the substantive change and require that the college abandon and not proceed with the substantive change or else lose approval under this administrative regulation;

(c) Notify the college of deficiencies which shall be corrected before the substantive change is approved, and suspend or revoke approval under this administrative regulation; or

(d) Suspend or revoke approval under this administrative regulation.

Section 8. Site Visits.

(1) The president may conduct, or may have conducted, an announced or unannounced site visit of a licensed college during reasonable business hours to inspect the files, facilities, and equipment as well as conduct interviews to determine the college's eligibility under this administrative regulation.

(2) Failure to provide full access to the college's files, facilities, and equipment or prevention of interviews shall be grounds for ineligibility.

(3) All costs associated with a site visit and necessary subsequent visits, including travel, meals, lodging, and consultant honoraria shall be paid by the applicant college.

(4) The estimated cost of the site visit shall be paid by the college prior to the site visit, and final settlement regarding actual expenses incurred shall be paid no later than thirty (30) days following the completion of the site visit.

(5) Failure to pay these costs shall result in ineligibility.

Section 9. Hearings and Appeals.

(1) If the president has determined that there are sufficient grounds for ineligibility under this administrative regulation, he or she may, for cause, require the chief administrative officer, or other officers, of a college to appear for a hearing, consistent with the provisions of KRS Chapter 13B, in order to determine the facts.

(2) The chief administrative officer, or other officers, of the college may be accompanied at the hearing by counsel of their own choosing and at their expense.

(3) Within thirty (30) working days after a hearing is held, the president shall reach a determination and shall issue findings, in writing, to the Council and to the chief administrative officer of the college.

(4) A college may appeal the actions of the president regarding a college's ineligibility under this administrative regulation according to the following procedure:

(a) A college shall notify the president of the intent to appeal an action within fourteen (14) days of the receipt of the letter notifying the college of the action taken;

(b) The president shall request that the Office of Administrative Hearings appoint a hearing officer who shall conduct an administrative hearing consistent with the provisions of KRS Chapter 13B;

(c) The appeal shall be presented in writing no later than sixty (60) days following the receipt of notification of intent to appeal;

(d) The appeals officer shall review findings of fact, consider testimony, draw conclusions, and formulate a recommendation consistent with the facts and this administrative regulation;

(e) Within fourteen (14) days, the report of the appeals officer shall be forwarded to the college and to the president of the Council on Postsecondary Education; and

(f) Within thirty (30) working days of receipt of the report of the appeals officer, the president shall approve or not approve the college.

Section 10. Incorporation by Reference.

(1) "Application for Council on Postsecondary Education Approval for Eligibility Pursuant to 13 KAR 1:050", May 2020, is incorporated by reference.

History

RELATES TO: KRS 164.020(37), 164.785, 164.945, 164.946, 164.947, 164.992
STATUTORY AUTHORITY: KRS 164.785(7)(c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.785(7)(c) requires the Council on Postsecondary Education to promulgate an administrative regulation to implement the requirement that, beginning with the 2011-2012 academic year, programs or campuses of any out-of-state postsecondary education college that is licensed by the Council on Postsecondary Education to operate in Kentucky and whose institutional programs are not composed solely of sectarian instruction, but in which accreditation by the Southern Association of Colleges and Schools is not an option, be reviewed and approved by the Council on Postsecondary Education based on accreditation criteria that mirrors Southern Association of Colleges and Schools accreditation criteria in order to qualify as an eligible institution in which a student may enroll and receive a Kentucky tuition grant.
History: 36 Ky.R. 943; 1241; 1945; eff. 3-5-2010; 46 Ky.R. 2977, 47 Ky.R. 515; eff. 12-1-2020.

Chapter 2 Public Educational Institutions

13 KAR 2:020 Guidelines for admission to the state-supported postsecondary education institutions {#sec-13-kar-2-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:020}

Section 1. Definitions.

(1) "Academic Readiness" means the student has demonstrated the requisite ability to succeed in credit-bearing coursework by meeting or exceeding the college readiness benchmarks adopted by the Council. An institution shall not determine academic readiness using scores received from exams taken more than four (4) years prior.

(2) "Accelerated pathway" means a high school program of study that is designed for students to be able to graduate in (3) three years or less from high school, before age eighteen (18) and prepare for transition to college.

(3) "Certified, non-public school" means a Kentucky non-public school that has been granted certification by the Kentucky Board of Education.

(4) "Corequisite course" means a course that includes enhanced academic supports, such as additional hours of instruction, tutoring, mentoring, or advising that awards credit toward a credential or degree.

(5) "Council" is defined by KRS 164.001(8).

(6) "Credit for prior learning" means college credit for the college-level knowledge and skills gained from non-college instructional programs or life experiences:

(a) Such as credit awarded pursuant to 13 KAR 2:025 and KRS 164.2951(2)(e), employment, military experience, civic activities, and volunteer service; and

(b) That is evaluated through nationally standardized exams in specific disciplines, challenge exams for specific courses at individual institutions, evaluations of non-college training programs, and individualized assessments.

(7) "Curriculum pathway" means a specified series of courses or competencies needed to complete a credential or degree.

(8) "Developmental course" means a course that prepares a student for college-level study and does not award credit toward a credential or degree.

(9) "Dual credit course" is defined by KRS 164.002(5) and does not include developmental education courses.

(10) "Institution" means a state-supported postsecondary education institution as defined in KRS 164.001(12).

(11) "KCTCS" is defined by KRS 164.001(13).

(12) "Learning contract" means a student success document signed by the student and a designated institution representative after a personal consultation that establishes the:

(a) Advising, mentoring, tutoring and support services expectations for both the student and the institution;

(b) Student learning goals and expectations;

(d) Process by which student progress will be monitored; and

(e) Specified length of the learning contract.

(13) "Pre-college curriculum" means completion of:

(a)

The Kentucky minimum high school graduation requirements; or
Other approved course of study established in 704 KAR 3:305; and

(b)

Two (2) units of a single world language; or
Demonstration of a world language proficiency.

Section 2. Admission Requirements for All Institutions.

(1) Each institution shall develop and publish in its catalog or other appropriate publications specific policy and procedures for admission of students into programs or courses with enrollment limitations or specialized curricula.

(2) An institution shall not determine academic readiness using scores received from exams taken more than four (4) years prior to the application.

Section 3. Minimum Requirements for Undergraduate Admission to a Degree Program at Kentucky Public Universities.

(1) Graduates of a public or certified non-public Kentucky high school applying for admission shall:

(a) Meet the Kentucky Minimum High School Graduation Requirements related to 704 KAR 3:305;

(b)

Meet the precollege curriculum requirements; and
If an applicant has not met the pre-college curriculum requirements, as defined in Section 1(13)(b) of this administrative regulation, complete the world language requirements established by the institution as part of their college curriculum;

(c) Take the established college admission or academic readiness assessments established by the Kentucky Department of Education; and

(d) Have a minimum unweighted high school GPA of:

2.5 on a 4.00 scale; or

a. 2.0 to 2.49 on a 4.0 scale; and

b. Enter into a learning contract with the university prior to enrollment.

(2) Graduates of public or certified non-public non-Kentucky high schools applying for admission shall meet criteria for admission established by the institution that is commensurate with the minimum criteria established in Section 3(1) of this administrative regulation.

(3) Applicants with Nonimmigrant Visas not graduating from a public or certified non-public high school shall meet admission criteria established by the institution that include requirements that meet national best practice for the admission of these student and assure academic readiness commensurate to the pre-college curriculum requirements.

(4) Applicants who have earned a state issued high school equivalency diploma or are graduates of a Kentucky based non-certified non-public high school, including a home school, shall meet the admission criteria established by the university, which shall include taking the appropriate admissions exams to assess college readiness.

(5) Notwithstanding sections (1) through (4) of this administrative regulation, an applicant transferring to a university with twenty-four (24) or more semester credit hours applicable to a baccalaureate degree with a grade point average (GPA) of at least 2.00 on a 4.00 scale shall meet the minimum requirements for admission to a degree program.

(6) Each institution shall develop and publish in the catalog or other appropriate publications policies and procedures for the readmission of students that have sat out three (3) or more semesters from the admitting institution.

Section 4. Admission of Non-Degree Seeking Students. An institution may admit a person who does not meet the minimum entrance requirements established by the institution for the purpose of enrolling in a college course or courses as a non-degree seeking student.

Section 5. Admission to a KCTCS Institution. KCTCS institutions shall develop admission criteria for all programs and courses offered consistent with the type of course or program and its mission established in KRS 164.580, such as providing accessible education and training to support the lifelong learning needs of Kentucky citizens.

Section 6. Minimum Requirements for Dual Credit and Early College Admission.

(1) Students admitted to any Kentucky public postsecondary institution in an accelerated pathway or in dual credit courses in general education shall have an unweighted high school GPA of at least 2.5 on a 4.00 scale and meet any college course prerequisites established by the institution.

(2) Students shall be granted admission into a career and technical education dual credit course if they meet the course prerequisite requirements established by the institution.

(3) Dual credit courses shall not include developmental education courses.

Section 7. College Course Placement.

(1) A student demonstrating academic readiness shall be placed in credit-bearing courses in their respective curriculum pathway. The student shall not be required to enroll in a developmental course.

(2) A student who does not demonstrate academic readiness shall be administered an academic readiness placement exam only in the area in which the student does not meet the benchmark.

(3) A degree-seeking student admitted to a college within the KCTCS system may be required to enroll in no more than one (1) developmental course in the curriculum pathway in areas for which the student has not met the academic readiness standards. A student shall have access to a corequisite or credit-bearing content course in the curriculum pathway of study within the first academic year of enrollment.

(4) An undergraduate degree-seeking student enrolled in a public university shall be placed in a corequisite course in the curriculum pathway in any areas for which the student has not met the academic readiness standards. A student admitted to a public university shall not be required to enroll in or complete a developmental course in any academic readiness area.

(5) Each institution shall develop and publish any course prerequisite requirements for all courses taught at any degree level. Institutions shall develop policies and procedures that maximize the award of credit for prior learning consistent with any applicable state, federal, or accreditation standards which shall assist in appropriate placement of students.

Section 8. Publication. All policies and procedures established pursuant to this administrative regulation shall be published in the institution's catalog and any other appropriate admission and placement materials.

History

RELATES TO: KRS 156.160, 158.6451, 158.6453, 164.001, 164.020(5), (8), 164.030
STATUTORY AUTHORITY: KRS 164.020(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.020(8) requires the Council on Postsecondary Education to set the minimum qualifications for admission to the state-supported postsecondary education institutions. KRS 164.020(29) requires the council to promulgate administrative regulations governing its powers, duties, and responsibilities as described in KRS 164.020. This administrative regulation establishes the minimum qualifications related to admission at state-supported postsecondary education institutions.
History: 013 KAR 002:020. 11 Ky.R. 1689; eff. 6-4-1985; 15 Ky.R. 2411; 16 Ky.R. 159; eff. 8-5-1989; 17 Ky.R. 2466; 2975; eff. 5-3-1991; 18 Ky.R. 3491; eff. 8-1-1992; 25 Ky.R. 1428; 1899; 2118; eff. 3-1-1999; 26 Ky.R. 1987; 27 Ky.R. 190; eff. 8-14-2000 34 Ky.R. 108; 590; 961; eff. 12-7-2007; 35 Ky.R. 1812; 2398; eff. 6-5-2009; 38 Ky.R. 804; 1163; 1288; eff. 2-3-2012; 45 Ky.R. 403, 942; eff. 11-2-2018; Crt eff. 10-14-2025.

13 KAR 2:025 College preparatory education {#sec-13-kar-2-025 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:025}

Section 1. Definitions.

(1) "Advanced placement" is defined by KRS 164.002(1).

(2) "AP exam" or "College Board Advanced Placement Examination" is defined by KRS 164.002(3).

(3) "Council" means the Council on Postsecondary Education as defined in KRS 164.011.

(4) "Institution" means a public postsecondary educational institution listed in KRS 164.001(16).

Section 2. College and University Academic Credit for AP Examination.

(1) Effective with the 2003-04 academic year, an institution shall grant academic credit toward college graduation for a high school student who scores three (3) or higher on the AP exam.

(2) An institution shall develop, by January 1, 2003, a written policy to implement the requirement of subsection (1) of this section.

(a) The written policy shall specify whether the institution shall grant academic credit toward the requirements of a major, program, or degree and shall state:

What AP exams will be accepted toward academic credit toward a major, program or degree; and
The minimum acceptable score on the AP exam for granting the academic credit toward a major, program or degree.

(b) The written policy shall fully comply with subsection (1) of this section.

(3) An institution shall submit to the council, by January 1, 2003, the policy developed pursuant to this administrative regulation.

(4) An institution shall publish and disseminate the policy developed in subsection (2) of this section in electronic and print form.

History

RELATES TO: KRS 164.001, 164.002, 164.098
STATUTORY AUTHORITY: KRS 164.020(29), 164.098(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.098(1) requires the Council on Postsecondary Education to promulgate an administrative regulation requiring public postsecondary educational institutions, beginning with the 2003-2004 school year, to grant academic college credit toward graduation for students taking high school advanced placement courses and scoring at a certain level. This administrative regulation establishes the requirements for receiving college credit by students taking the high school advanced placement examination.
History: 29 Ky.R. 835; Am. 1238; eff. 11-12-2002; Crt eff. 2-6-2020.

13 KAR 2:045 Determination of residency status for admission and tuition assessment purposes {#sec-13-kar-2-045 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:045}

Section 1. Definitions.

(1) "Academic term" means a division of the school year during which a course of studies is offered, and includes a semester, quarter, or single consolidated summer term as defined by the institution.

(2) "Continuous enrollment" means enrollment in a state-supported postsecondary education institution at the same degree level for consecutive terms, excluding summer term, since the beginning of the period for which continuous enrollment is claimed unless a sequence of continuous enrollment is broken due to extenuating circumstances beyond the student's control, such as serious personal illness or injury, or illness or death of a parent.

(3) "Degree level" means enrollment in a course or program that could result in the award of a:

(a) Certificate, diploma, or other program award at an institution;

(b) Baccalaureate degree or lower, including enrollment in a course by a nondegree-seeking post baccalaureate student;

(c) Graduate degree or graduate certification other than a first-professional degree in law, medicine, dentistry, or "Pharm. D"; or

(d) Professional degree in law, medicine, dentistry, or "Pharm. D".

(4) "Dependent person" means a person who cannot demonstrate financial independence from parents or persons other than a spouse and who does not meet the criteria for independence established in Section 5 of this administrative regulation.

(5) "Determination of residency status" means the decision of a postsecondary education institution that results in the classification of a person as a Kentucky resident or as a nonresident for admission and tuition assessment purposes.

(6) "Domicile" means a person's true, fixed, and permanent home and is the place where the person intends to remain indefinitely, and to which the person expects to return if absent without intending to establish a new domicile elsewhere.

(7) "Full-time employment" means continuous employment for at least forty-eight (48) weeks at an average of at least thirty (30) hours per week.

(8) "Independent person" means a person who demonstrates financial independence from parents or persons other than a spouse and who meets the criteria for independence established in Section 5 of this administrative regulation.

(9) "Institution" means an entity defined by KRS 164.001(12) if the type of institution is not expressly stated and includes the Kentucky Virtual University, the Council on Postsecondary Education, and the Kentucky Higher Education Assistance Authority.

(10) "Kentucky resident" means a person determined by an institution for tuition purposes to be domiciled in, and a resident of, Kentucky as determined by this administrative regulation.

(11) "Nonresident" means a person who:

(a) Is domiciled outside Kentucky;

(b) Currently maintains legal residence outside Kentucky; or

(12) "Parent" means one (1) of the following:

(a) A person's father or mother; or

(b) A court-appointed legal guardian if:

The guardianship is recognized by an appropriate court within the United States;
There was a relinquishment of the rights of the parents; and
The guardianship was not established primarily to confer Kentucky residency on the person.

(13) "Preponderance of the evidence" means the greater weight of evidence or evidence that is more credible and convincing to the mind.

(14) "Residence" means the place of abode of a person and the place where the person is physically present most of the time for a noneducational purpose in accordance with Section 3 of this administrative regulation.

(15) "Student financial aid" means all forms of payments to a student if one (1) condition of receiving the payment is the enrollment of the student at an institution, and includes student employment by the institution or a graduate assistantship.

(16) "Sustenance" means:

(a) Living expenses, such as room, board, maintenance, and transportation; and

(b) Educational expenses, such as tuition, fees, books, and supplies.

Section 2. Scope.

(1) State-supported postsecondary education institutions were established and are maintained by the Commonwealth of Kentucky primarily for the benefit of qualified residents of Kentucky. The substantial commitment of public resources to postsecondary education is predicated on the proposition that the state benefits significantly from the existence of an educated citizenry. As a matter of policy, access to postsecondary education shall be provided so far as feasible at reasonable cost to a qualified individual who is domiciled in Kentucky and who is a resident of Kentucky.

(2) In accordance with the duties established in KRS 164.020, the Council on Postsecondary Education may require a student who is neither domiciled in, nor a resident of, Kentucky to meet higher admission standards and to pay a higher level of tuition than resident students.

(3) Unless otherwise indicated, this administrative regulation shall apply to all student residency determinations, regardless of circumstances, including residency determinations made by:

(a) The state-supported institutions for prospective and currently-enrolled students;

(b) The Southern Regional Education Board for contract spaces;

(d) The Kentucky Virtual University;

(e) Academic common market programs;

(f) The Kentucky Educational Excellence Scholarship Program; and

(g) Other state student financial aid programs, as appropriate.

Section 3. Determination of Residency Status; General Rules.

(1) A determination of residency shall include:

(a) An initial determination of residency status by an institution:

During the admission process;
Upon enrollment in an institution for a specific academic term; or
For admission into a specific academic program;

(b) A reconsideration of a determination of residency status by an institution based upon a changed circumstance; or

(c) A formal hearing conducted by an institution upon request of a student after other administrative procedures have been completed.

(2) An initial determination of residency status shall be based upon:

(a) The facts in existence when the credentials established by an institution for admission for a specific academic term have been received and during the period of review by the institution;

(b) Information derived from admissions materials;

(d) Other information available to the institution from any source.

(3) An individual seeking a determination of Kentucky residency status shall demonstrate that status by a preponderance of the evidence.

(4) A determination of residency status shall be based upon verifiable circumstances or actions.

(5) Evidence and information cited as the basis for Kentucky domicile and residency shall accompany the application for a determination of residency status.

(6) A student classified as a nonresident shall retain that status until the student is officially reclassified by an institution.

(7) A student may apply for a review of a determination of residency status once for each academic term.

(8) If an institution has information that a student's residency status may be incorrect, the institution shall review and determine the student's correct residency status.

(9) If the Council on Postsecondary Education has information that an institution's determination of residency status for a student may be incorrect, it may require the institution to review the circumstances and report the results of that review.

(10) An institution shall impose a penalty or sanction against a student who gives incorrect or misleading information to an institutional official, including payment of nonresident tuition for each academic term for which resident tuition was assessed based on an improper determination of residency status. The penalty or sanction may also include:

(a) Student discipline by the institution through a policy written and disseminated to students; or

(b) Criminal prosecution.

Section 4. Presumptions Regarding Residency Status.

(1) In making a determination of residency status, it shall be presumed that a person is a nonresident if:

(a) A person is, or seeks to be, an undergraduate student and admissions records show the student to be a graduate of an out-of-state high school within five (5) years prior to a request for a determination of residency status;

(b) A person's admissions records indicate the student's residence to be outside of Kentucky when the student applied for admission;

(d) A person moves to Kentucky and within twelve (12) months enrolls at an institution more than half time;

(e) A person has a continuous absence of one (1) year from Kentucky; or

(f) A person attended an out-of-state higher education institution during the past academic year and paid in-state tuition at that institution.

(2) A presumption arising from subsection (1) of this section shall only be overcome by preponderance of evidence sufficient to demonstrate that a person is domiciled in and is a resident of Kentucky.

Section 5. Determination of Whether a Student is Dependent or Independent.

(1) In a determination of residency status, an institution shall first determine whether a student is dependent or independent. This provision shall be predicated on the assumption that a dependent person lacks the financial ability to live independently of the person upon whom the student is dependent, and therefore, lacks the ability to form the requisite intent to establish domicile. A determination that a student is independent shall be one (1) step in the overall determination of whether a student is or is not a resident of Kentucky.

(2) In determining the dependent or independent status of a person, the following information shall be considered, as well as other relevant information available when the determination is made:

(a)

Whether the person has been claimed as a dependent on the federal or state tax returns of a parent or other person for the year preceding the date of application for a determination of residency status; or
Whether the person is no longer claimed by a parent or other person as a dependent or as an exemption for federal and state tax purposes; and

(b) Whether the person has financial earnings and resources independent of a person other than an independent spouse necessary to provide for the person's own sustenance.

(3) An individual who enrolls at an institution immediately following graduation from high school and remains enrolled shall be presumed to be a dependent person unless the contrary is evident from the information submitted.

(4) Domicile may be inferred from the student's permanent address, parent's mailing address, or location of high school of graduation.

(5) Marriage to an independent person domiciled in and who is a resident of Kentucky shall be a factor considered by an institution in determining whether a student is dependent or independent.

(6) Financial assistance from, or a loan made by, a parent or family member other than an independent spouse, if used for sustenance of the student:

(a) Shall not be considered in establishing a student as independent; and

(b) Shall be a factor in establishing that a student is dependent.

Section 6. Effect of a Determination of Dependent Status on a Determination of Residency Status.

(1) The effect of a determination that a person is dependent shall be:

(a) The domicile and residency of a dependent person shall be the same as either parent. The domicile and residency of the parent shall be determined in the same manner as the domicile and residency of an independent person; and

(b) The domicile and residency of a dependent person whose parents are divorced, separated, or otherwise living apart shall be Kentucky if either parent is domiciled in and is a resident of Kentucky, regardless of which parent has legal custody or is entitled to claim that person as a dependent pursuant to federal or Kentucky income tax provisions.

(2) If the parent or parents of a dependent person are Kentucky residents and are domiciled in Kentucky, but subsequently move from the state:

(a) The dependent person shall be considered a resident of Kentucky while in continuous enrollment at the degree level in which currently enrolled; and

(b) The dependent person's residency status shall be reassessed if continuous enrollment is broken or the current degree level is completed.

Section 7. Member or Former Member of Armed Forces of the United States, Spouse and Dependents; Effect on a Determination of Residency Status.

(1) A member, spouse, or dependent of a member whose domicile and residency was Kentucky when inducted into the Armed Forces of the United States, and who maintains Kentucky as home of record and permanent address, shall be entitled to Kentucky residency status:

(a) During the member's time of active service; or

(b) If the member returns to this state within six (6) months of the date of the member's discharge from active duty.

(2)

(a) A member of the armed services on active duty for more than thirty (30) days and who has a permanent duty station in Kentucky shall be classified as a Kentucky resident and shall be entitled to in-state tuition, as shall the spouse or a dependent child of the member.

(b) A member, spouse, or dependent of a member shall not lose Kentucky residency status if the member is transferred on military orders while the member, spouse, or dependent requesting the status is in continuous enrollment at the degree level in which currently enrolled.

(3) Membership in the National Guard or civilian employment at a military base alone shall not qualify a person for Kentucky residency status under the provisions of subsections (1) and (2) of this section. If a member of the Kentucky National Guard is on active duty status for a period of not less than thirty (30) days, the member shall be considered a Kentucky resident, as shall the spouse or a dependent child of the member.

(4) A person eligible for benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008, 38 U.S.C. 3301-3325, or any other educational benefits provided under Title 38 of the United States Code shall be entitled to Kentucky resident status for purposes of tuition charged at state-supported institutions.

(5) A person's residency status established pursuant to this section shall be reassessed if the qualifying condition is terminated.

Section 8. Status of Nonresident Aliens; Visas and Immigration.

(1)

(a) A person holding a permanent residency visa or classified as a political refugee shall establish domicile and residency in the same manner as another person.

(b) Time spent in Kentucky and progress made in fulfilling the conditions of domicile and residency prior to obtaining permanent residency status shall be considered in establishing Kentucky domicile and residency.

(2) A person holding a nonimmigrant visa with designation A, E, G, H-1, H-4 if accompanying a person with an H-1 visa, I, K, L, N, R, shall establish domicile and residency the same as another person.

(3)

(a) An independent person holding a nonimmigrant visa with designation B, C, D, F, H-2, H-3, H-4 if accompanying a person with an H-2 or H-3 visa, J, M, O, P, Q, S, TD, or TN shall not be classified as a Kentucky resident because that person does not have the capacity to remain in Kentucky indefinitely and therefore cannot form the requisite intent necessary to establish domicile as defined in Section 1(6) of this administrative regulation.

(b) A dependent person holding a visa as described in paragraph (a) of this subsection, but who is a dependent of a parent holding a visa as described in subsection (2) of this section, shall be considered as holding the visa of the parent.

(c) A dependent person holding a visa described in subsection (2) of this section or paragraph (a) of this subsection, if a parent is a citizen of the United States and is a resident of and domiciled in Kentucky, shall be a resident of Kentucky for the purposes of this administrative regulation.

(4) A person shall be a Kentucky resident for the purpose of this administrative regulation if the person graduated from a Kentucky high school and:

(a) Is an undocumented alien;

(b) Holds a visa listed in subsections (2) or (3)(a) of this section; or

(5)

(a) Except as provided in paragraph (b) of this subsection, a person who has petitioned the federal government to reclassify visa status shall continue to be ineligible until the petition has been granted by the federal government.

(b) A person who has petitioned the federal government to reclassify his or her visa status based on marriage to a Kentucky resident and who can demonstrate that the petition has been filed and acknowledged by the federal government, may establish Kentucky domicile and residency at that time.

Section 9. Beneficiaries of a Kentucky Educational Savings Plan Trust. A beneficiary of a Kentucky Educational Savings Plan Trust shall be granted residency status if the beneficiary meets the requirements of KRS 164A.330(6).

Section 10. Criteria Used in a Determination of Residency Status.

(1)

(a) A determination of Kentucky domicile and residency shall be based upon verifiable circumstances or actions.

(b) A single fact shall not be paramount, and each situation shall be evaluated to identify those facts essential to the determination of domicile and residency.

(c) A person shall not be determined to be a Kentucky resident by the performance of an act that is incidental to fulfilling an educational purpose or by an act performed as a matter of convenience.

(d) Mere physical presence in Kentucky, including living with a relative or friend, shall not be sufficient evidence of domicile and residency.

(e) A student or prospective student shall respond to all requests for information regarding domicile or residency requested by an institution.

(2) The following facts, although not conclusive, shall have probative value in their entirety and shall be individually weighted, appropriate to the facts and circumstances in each determination of residency:

(a) Acceptance of an offer of full-time employment or transfer to an employer in Kentucky or contiguous area while maintaining residence and domicile in Kentucky;

(b) Continuous physical presence in Kentucky while in a nonstudent status for the twelve (12) months immediately preceding the start of the academic term for which a classification of Kentucky residency is sought;

(c)

Filing a Kentucky resident income tax return for the calendar year preceding the date of application for a change in residency status; or
Payment of Kentucky withholding taxes while employed during the calendar year for which a change in classification is sought;

(d) Full-time employment of at least one (1) year while living in Kentucky;

(e) Attendance as a full-time, nonresident student at an out-of-state institution based on a determination by that school that the person is a resident of Kentucky;

(f) Abandonment of a former domicile or residence and establishing domicile and residency in Kentucky with application to or attendance at an institution following and incidental to the change in domicile and residency;

(g) Obtaining licensing or certification for a professional and occupational purpose in Kentucky;

(h) Payment of real property taxes in Kentucky;

(i) Ownership of real property in Kentucky, if the property was used by the student as a residence preceding the date of application for a determination of residency status;

(j) Marriage of an independent student to a person who was domiciled in and a resident of Kentucky prior to the marriage; and

(k) The extent to which a student is dependent on student financial aid in order to provide basic sustenance.

(3) Except as provided in subsection (4) of this section, the following facts, because of the ease and convenience in completing them, shall have limited probative value in a determination that a person is domiciled in and is a resident of Kentucky:

(a) Kentucky automobile registration;

(b) Kentucky driver's license;

(d) Long-term lease of at least twelve (12) consecutive months of noncollegiate housing; and

(e) Continued presence in Kentucky during academic breaks.

(4) The absence of a fact contained in subsection (3) of this section shall have significant probative value in determining that a student is not domiciled in or is not a resident of Kentucky.

Section 11. Effect of a Change in Circumstances on Residency Status.

(1) If a person becomes independent or if the residency status of a parent or parents of a dependent person changes, an institution shall reassess residency either upon a request by the student or a review initiated by the institution.

(2) Upon transfer to a Kentucky institution, a student's residency status shall be assessed by the receiving institution.

(3) A reconsideration of a determination of residency status for a dependent person shall be subject to the provisions for continuous enrollment, if applicable.

Section 12. Student Responsibilities.

(1) A student shall report under the proper residency classification, which includes the following actions:

(a) Raising a question concerning residency classification;

(b) Making application for change of residency classification with the designated office or person at the institution; and

(2) If a student fails to notify an institutional official of a change in residency, an institutional official may investigate and evaluate the student's residency status.

(3)

(a) If a student fails to provide, by the date specified by the institution, information required by an institution in a determination of residency status, the student shall be notified by the institution that the review has been canceled and that a determination has been made.

(b) Notification shall be made by registered mail, return receipt requested.

(4)

(a) The formal hearing conducted by an institution and the final recommended order shall be a final administrative action with no appeal to the Council on Postsecondary Education.

(b) A formal administrative hearing conducted by the Council on Postsecondary Education for residency determinations related to eligibility for the Academic Common Market and Regional Contract Programs shall be conducted pursuant to the provisions of KRS Chapter 13B and 13 KAR 2:070. The recommended order issued by the President of the Council shall be a final administrative action.

(5) A student shall not be entitled to appeal a determination of residency status if the determination made by an institution is because a student has failed to meet published deadlines for the submission of information as set forth in subsection (3) of this section. A student may request a review of a determination of residency status in a subsequent academic term.

Section 13. Institutional Responsibilities. Each institution shall:

(1) Provide for an administrative appeals process that includes a residency appeals officer to consider student appeals of an initial residency determination and which shall include a provision of fourteen (14) days for the student to appeal the residency appeals officer's determination;

(2) Establish a residency review committee to consider appeals of residency determinations by the residency appeals officer. The residency review committee shall make a determination of student residency status and notify the student in writing within forty-five (45) days after receipt of the student appeal;

(3) Establish a formal hearing process as described in Section 14 of this administrative regulation; and

(4) Establish written policies and procedures for administering the responsibilities established in subsections (1), (2), and (3) of this section and that are:

(a) Approved by the institution's governing board;

(b) Made available to all students; and

Section 14. Formal Institutional Hearing.

(1) A student who appeals a determination of residency by a residency review committee shall be granted a formal hearing by an institution if the request is made by a student in writing within fourteen (14) calendar days after notification of a determination by a residency review committee.

(2) If a request for a formal hearing is received, an institution shall appoint a hearing officer to conduct a formal hearing. The hearing officer shall:

(a) Be a person not involved in determinations of residency at an institution except for formal hearings; and

(b) Not be an employee in the same organizational unit as the residency appeals officer.

(3) An institution shall have written procedures for the conduct of a formal hearing that have been adopted by the board of trustees or regents, as appropriate, and that provide for:

(a) A hearing officer to make a recommendation on a residency appeal;

(b) Guarantees of due process to a student that include:

The right of a student to be represented by legal counsel; and
The right of a student to present information and to present testimony and information in support of a claim of Kentucky residency; and

(4) An institution's formal hearing procedures shall be filed with the Council on Postsecondary Education and shall be available to a student requesting a formal hearing.

Section 15. Cost of Formal Hearings.

(1) An institution shall pay the cost for all residency determinations including the cost of a formal hearing.

(2) A student shall pay for the cost of all legal representation in support of the student's claim of residency.

History

RELATES TO: KRS 13B, 164.020, 164.030, 164A.330(6), 38 U.S.C. 3301-3325
STATUTORY AUTHORITY: KRS 164.020(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.020(8) requires the Council on Postsecondary Education to determine tuition and approve the minimum qualifications for admission to a state postsecondary education institution and authorizes the Council to set different tuition amounts for residents of Kentucky and for nonresidents. This administrative regulation establishes the procedure and guidelines for determining the residency status of a student who is seeking admission to, or who is enrolled at, a state-supported postsecondary education institution.
History: 17 Ky.R. 2557; eff. 4-5-1991; Am. 22 Ky.R. 1656; 1988; eff. 5-16-1996; 23 Ky.R. 3380; 3797; 4099; eff. 6-16-1997; 24 Ky.R. 2136; 2705; 25 Ky.R. 51; eff. 7-13-1998; 25 Ky.R. 2177; 2577; 2827; eff. 6-7-1999; 749; 1238; eff. 11-12-2002; 36 Ky.R. 1083; 1951; 2033-M; eff. 4-2-2010; TAm eff. 11-20-2014; 41 Ky.R. 2108; 42 Ky.R. 9; eff. 7-13-2015; TAm 7-13-2015; Cert. eff. 6-22-2022).

13 KAR 2:070 Administrative hearing procedures for determination of residency status {#sec-13-kar-2-070 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:070}

Section 1. Definitions. The following terms shall have the following meanings as used in this section:

(1) "Administrative hearing" means a formal adjudicatory proceeding as set forth in KRS 13B.010(2).

(2) "Administrative action: means the formal administrative adjudicatory proceeding before the agency from the filing of the petition until the time for all administrative appeals has run regarding the claims made in the petition.

(3) "The agency" means the Council on Postsecondary Education.

(4) "Agency head" means the President of the Council on Postsecondary Education in conformity with the definition in KRS 13B.010(4).

(5) "Hearing officer" is defined in KRS 13B.010(7).

(6) "Institution" shall mean one (1) of the eight (8) public institutions of higher education or one (1) of the colleges that is part of the University of Kentucky Community College System as set forth in KRS Chapter 164 when used in conjunction with 13 KAR 2:045.

(7) "Notice" means the notice of hearing required by KRS 13B.050 as defined in this administrative regulation.

(8) "Party" is defined in KRS 13B.010(3) and shall include the use of institution, agency, person, or student when used in conjunction with 13 KAR 2:045.

(9) "Petition for hearing" means any written request for an administrative hearing before the agency, filed by a student, which commences an appeal of a determination of residency status in accordance with the procedures set forth in this administrative regulation.

(10) "Pleading" means the petition, the answer, and any other responsive pleading ordered by a hearing officer or authorized by law or administrative regulation.

(11) "Record" is defined in KRS 13B.130.

Section 2. Right to Counsel and Attorney Representation.

(1) Any person who appears before the agency in a formal administrative hearing shall have the right, at their own expense, to be represented or advised by legal counsel.

(2) Any attorney representing a party before the agency must notify the agency, in writing, of such representation before practicing before the agency.

(3) Any attorney representing a party before the agency shall file a written notice of entry of appearance. Upon the notice of entry of appearance attorneys shall give their and their client's current, complete, and correct name, address, phone number, and telefax number.

(4) The attorney shall promptly notify the agency of any change of address for himself or his client by filing a notice of change of address in the record.

Section 3. Assignment to Hearing Officer; Duties and Authority.

(1) The agency shall designate a hearing officer for a formal administrative action within ten (10) days of the filing of the petition of an appeal of a determination of residency status; or

(2) The agency shall request a designation of a hearing officer from the Division of Administrative Hearings in the Attorney General's Office under KRS 13B.030 in writing to the division within ten (10) days of the filing of the petition.

(3) The hearing officer shall have the authority to take any procedural action authorized by KRS Chapter 13B.

Section 4. Conflict of Interest; Disqualification.

(1) KRS 13B.040(2)(a)(b) sets forth the standards and conditions for withdrawal and disqualification of a hearing officer.

(2) Within ten (10) days of disqualification of a hearing officer, the agency head shall request or assign another hearing officer by written order.

Section 5. Ex Parte Contact Prohibited.

(1) Unless otherwise allowed by KRS 13B.100, there shall be no ex parte contact between a hearing officer assigned to an administrative action, or any person working under the hearing officer's supervision, and any person with a direct or indirect interest in the outcome to that administrative action concerning the merits of the administrative action assigned to the hearing officer.

(2) This administrative regulation shall not prohibit ex parte contact with staff on procedural matters.

Section 6. Service.

(1) Service shall be made by certified mail, return receipt requested as set forth in KRS 13B.050.

(2) Whenever a party is represented by an attorney of record in the administrative action, service may be made upon the attorney.

Section 7. Filing of Papers.

(1) Pleadings may be filed with the agency by telefacsimile machine at the telefacsimile telephone number listed for the agency. The filing date of a pleading sent by facsimile shall be the date the agency receives the telefacsimile.

(2) All pleadings filed in an administrative action must be signed by the filing person or his authorized representative. The signature of the filing person or his authorized representative constitutes a certificate that the signing person has read the pleading and that, to the best of his knowledge, information, and belief, it is not interposed for any improper purpose.

Section 8. Venue. Administrative hearings shall be conducted at a site designated by the agency.

Section 9. Waiver. Any person granted a procedural right under these administrative regulations or KRS Chapter 13B may voluntarily, knowingly, and expressly waive such a right on the record orally or in a signed writing.

Section 10. Petition for Hearing; Date for Hearing.

(1) The petition for hearing shall be in writing in the format and form designated by the agency and shall contain a short and plain statement of the facts upon which the request is based, shall request a hearing and any other relief, shall be signed by the filing party, and shall comply with the provisions of 13 KAR 2:045 under which relief is sought. The petition for hearing shall indicate on its face the name and address of each party to be served by the agency. Any doubts about whether a document constitutes a petition for hearing shall be resolved in favor of the filing party.

(2) The administrative action shall commence upon the filing of the petition for hearing.

(3) The notice of hearing shall conform to KRS 13B.050.

(4) The agency shall file an answer to the petition within fifteen (15) days of the service of notice.

Section 11. Prehearing Conferences and Orders. A hearing officer may hold a prehearing conference in any administrative action assigned to him to consider any matter as set forth in KRS 13B.070 and 13B.080.

Section 12. Discovery.

(1) No fewer than five (5) days before the hearing and within thirty (30) days of service of the notice required under this administrative regulation, the parties shall produce and serve on every other party the following information:

(a) The name, address, and telephone number of each witness whom the disclosing party expects to call at the hearing, with a designation of the subject matter of which each witness might be called to testify.

(b) The name and address of each person whom the party believes may have knowledge or information relevant to the events, transactions, or occurrences that gave rise to the proceeding and the nature of the knowledge or information each such individual is believed to possess.

(c) The name and address of each person who has given statements, whether written or recorded, signed or unsigned, regarding matters relevant to the petition, and the custodian of the copies of those statements.

(d) The existence, location, custodian, and general description of any tangible evidence or relevant documents that the disclosing party plans to use at the hearing.

(e) A list of the documents or, known by a party to exist, whether or not in the party's possession, custody or control and which that party believes may be relevant to the subject matter of the proceeding and the date(s) when those documents will be or have been made available for inspection and copying.

(2) The hearing officer may allow any party to use any form of discovery allowed in the Kentucky Rules of Civil Procedure.

(3) All matters produced under this section shall include information in the possession, custody, and control of the parties as well as that which can be ascertained, learned, or acquired by reasonable inquiry and investigation.

(4) The parties shall be under a continuing duty to produce information under this section, and each party shall make additional or amended disclosures whenever new or different information is discovered or revealed.

(5)

(a) Unless a hearing officer orders otherwise, transcripts of depositions, interrogatories and responses thereto, requests for production, inspection or for admission and responses thereto shall not be filed in the record.

(b) The hearing officer shall determine what is to be included in the record in addition to the requirements set forth in KRS 13B.130.

(6) Upon the failure of any party to produce information under this section, another party may move for an order compelling production.

(7) If a party fails to comply with the prehearing discovery required by this section or an order of the hearing officer under this section, the hearing officer may impose sanctions consistent with the provisions set forth in KRS 13B.080(6).

Section 13. Subpoenas.

(1) The hearing officer may issue subpoenas requiring the attendance and testimony of witnesses and the production of any tangible items in the possession or under the control of witnesses.

(2) A motion for issuance of a subpoena shall be in writing, filed with the agency at least five (5) days before the hearing. The motion shall set forth the need for the subpoena and shall specify the name and address of the person to be subpoenaed and the name, address, and phone number of the party requesting a subpoena. If the subpoena requests the production of tangible items, the motion shall describe those items with particularity.

Section 14. Default. If a party fails to timely comply with an order of a hearing officer or a requirement of these regulations or to appear at a hearing, the hearing officer shall file an order directing the noncomplying party to show cause why the hearing officer should not deem that party to have waived his right to an administrative hearing and why the hearing officer should not immediately recommend the agency head enter an order adverse to the party. If the noncomplying party does not satisfy the show cause order as required, the hearing officer may recommend that the agency head enter a final order in conformity with the relief requested by the opposing party in the administrative action.

Section 15. Burden of Proof.

(1) The student shall have the burden of going forward to establish a case and shall bear the ultimate burden of persuasion consistent with requirements of 13 KAR 2:045.

(2) The ultimate burden of persuasion in all administrative actions shall be met by a preponderance of the evidence in the record.

Section 16. Evidence.

(1) The hearing officer shall admit evidence in the record in accordance with KRS 13B.090 and reasonable administrative practice.

(2) The hearing officer may on his own motion or motion of a party separate the witnesses while testimony is being offered and may limit cumulative testimony by any witness.

(3) The hearing officer may admit documentary evidence in the record in the form of a copy or excerpt if the original document is not available. Any party to the proceeding shall have the right to compare the copy or excerpt with the original prior to the copy or excerpt being admitted in to the record.

Section 17. Recording Proceedings; Transcripts; Exhibits.

(1) All testimony, oral motions, objections, and rulings thereon in an administrative action shall be recorded verbatim stenographically, electromechanically, or by other means.

(2) Upon the filing of a signed agreed order, any administrative hearing may be conducted in whole or in part by telephone, television, or other electronic means in accordance with KRS 13B.080(7). If any part of a hearing is conducted by electronic means for which there is a charge, each party shall bear a pro rata portion of the cost of conducting the proceedings electronically, or shall bear such costs as the hearing officer deems just. Any part of a hearing conducted by electronic means shall be recorded stenographically or by electromechanical means or by other means.

(3) A hearing officer may, in his discretion, order a transcript be made of all or a portion of any recording of an administrative action assigned to that hearing officer. The agency shall bear the cost of a transcript ordered by the hearing officer.

(4) Following the close of the formal administrative hearing, the agency shall take custody of all exhibits introduced at the administrative hearing and shall retain those exhibits with the record for at least five (5) years.

Section 18. Posthearing Procedures; Exceptions; Jurisdiction.

(1) At the conclusion of an administrative hearing, the hearing officer may, within his discretion, order the parties to submit posthearing memoranda or draft recommended orders for the agency head.

(2) As soon as practicable after the conclusion of the administrative hearing, the hearing officer shall file an order that memorializes the time, place, and duration of the hearing of the administrative action and recites appearances by counsel and parties. The hearing officer shall order at the close of the hearing whether the hearing will be transcribed, and shall set this forth in the posthearing order.

(3) Within five (5) days after the posthearing order is filed, or the transcript of the hearing is received by the agency if a hearing officer orders a transcript, the agency shall compile the official record, as defined in KRS 13B.130, and shall transmit a dated, certified copy of the record to the hearing officer. The hearing officer shall file a recommended order within thirty (30) days of receipt of the record.

(4) Any party filing exceptions to a hearing officer's recommended order as provided for in KRS 13B.110(4) shall file with their exceptions a draft final order for the agency head. The excepting party's draft final order shall set out the relief the party requests in its exceptions. The party filing exceptions shall serve a copy on the hearing officer.

(5) The hearing officer shall retain jurisdiction over the administrative action until the time for filing exceptions under KRS 13B.110(4) has run. After that time, the administrative action shall be submitted to and within the sole jurisdiction of the agency head.

History

RELATES TO: KRS 164.020
STATUTORY AUTHORITY: KRS Chapter 13B, 164.020
NECESSITY, FUNCTION, AND CONFORMITY: The Administrative Hearings Act, codified in KRS Chapter 13B, sets forth due process hearing requirements for Kentucky agencies engaged in regulatory activities which adjudicate the legal rights, duties, privileges, or immunities of persons. The Council on Postsecondary Education is charged by statute with the responsibility for determining the residency status of students at public institutions for the purposes of admissions and tuition assessment. Implementation of that statute occurs through 13 KAR 2:045. This administrative regulation complies with the requirements of KRS Chapter 13B in establishing a due process administrative hearing process for appeals of administrative determinations of residency status.
History: 23 Ky.R. 2892; eff. 3-6-1997; TAm eff. 6-15-2013; Crt eff. 2-6-2020.

13 KAR 2:080 State Autism Training Center {#sec-13-kar-2-080 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:080}

Section 1. Definitions.

(1) "Autistic-related disabilities of communication and behavior" means disorders of verbal and nonverbal communication and repetitive, stereotyped, and restricted patterns of behavior.

(2) "Board" means the Citizens Advisory Board.

(3) "Contract" means the memorandum of agreement developed and entered into by the Council on Postsecondary Education and a public higher education institution for the purpose of operating the center.

(4) "Public institution" means a state university.

Section 2. Contract for the Operation of a State Autism Training Center, and Plan.

(1) The contract awarded by the council pursuant to KRS 164.9811(2) shall be for two (2) years with a provision for an additional two (2) years, if agreed upon by both parties.

(2) The contract shall include provision for:

(a) An annual report of activities, including an assessment of the center's performance, prepared by the public institution, reviewed by the board, and submitted to the council;

(b) Payment by the council to the public institution;

(d) A plan prepared by the public institution establishing the activities and objectives to be performed annually.

(3) The plan shall stipulate the level and degree of services to be provided in exchange for appropriated state funds and other funds federal, state, local, or private. The contract and plan shall establish the limits of the degree and level of services to be provided, and the public institution shall not be required to perform additional services unless compensation is provided and agreed upon by both parties.

Section 3. Operation of the State Autism Training Center.

(1) Operation of the center shall be under the direction and control of the public institution which shall be responsible for compliance with all applicable federal and state laws.

(2) The public institution shall designate a trainee team for each client.

(3) The public institution shall exercise due diligence in maintaining the center's eligibility for federal funds.

Section 4. Citizens Advisory Board.

(1) The public institution shall create a Citizens Advisory Board and appoint the members by September 30, 1997, pursuant to KRS 164.9817. The board shall review the assessment of the center's performance.

(2) The board shall not meet less than quarterly.

(3) The center's director shall give adequate notice of each meeting to the members of the board.

(4) The center's director shall publish the minutes of each meeting of the board and each advisory action taken by the board.

History

RELATES TO: KRS 164.981-164.9819
STATUTORY AUTHORITY: KRS 164.9815
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.981 to 164.9819 requires the creation of a State Autism Training Center and assigns overall responsibility for its operation to the Council on Postsecondary Education. The Council on Postsecondary Education shall award a contract to a public institution of higher education for the operation of the State Autism Training Center. This administrative regulation defines the parameters for the operation of the center and for access to services.
History: 23 Ky.R. 4017; Am. 24 Ky.R. 58; eff. 7-2-97; Crt eff. 2-6-2020.

13 KAR 2:120 Comprehensive funding model for the allocation of state general fund appropriations to public universities {#sec-13-kar-2-120 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:120}

Section 1. Definitions.

(1) "Academic year" means July 1st through June 30th and all terms completed therein.

(2) "Bachelor's degrees" means the total number of bachelor's degrees awarded during the academic year, including degrees conferred to resident and non-resident students.

(3) "Comprehensive university" is defined by KRS 164.001(7).

(4) "Council" is defined by KRS 164.092(1)(c).

(5) "FAFSA form" means the free application for federal student aid form completed by students to determine eligibility to receive federal student financial aid.

(6) "First-generation college students" means students who report on the FAFSA form that neither parent has earned a college degree or credential, or one (1) parent if the other parent's education level is unknown.

(7) "Formula base amount" is defined by KRS 164.092(1)(e) and includes a deduction for mandated programs.

(8) "Hold-harmless provision" is defined by KRS 164.092(1)(f).

(9) "Institution" means a public university.

(10) "Low-income student" means a student who received a Federal Pell Grant after the 2005-2006 academic year for attendance at the institution from which the student received a bachelor's degree.

(11) "Mandated program" means a research or public service activity not integral to the instructional mission of the institution that is:

(a) Funded with greater than $450,000 of state appropriations at research universities and $200,000 at comprehensive universities; and

(b) Directed by statute, resolution, executive branch budget bill, executive order, or other legal mandate.

(12) "Non-traditional age students" is defined by KRS 164.092(1)(k).

(13) "Non-resident student" means a student who does not meet the requirements for Kentucky residency for purposes of tuition established in 13 KAR 2:045.

(14) "Research university" is defined by KRS 164.092(1)(m).

(15) "Resident student" means a student certified as a Kentucky resident for purposes of tuition pursuant to 13 KAR 2:045 and any non-resident student attending an institution under a state tuition reciprocity agreement entered into by the council.

(16) "Small school adjustment" means a one (1)-time calculation made using the formula base amounts in 2017-2018 and equals:

(a) For a research university, ten (10) percent of the respective formula base amount for each institution;

(b) For a comprehensive university, ten (10) percent of the total formula base amount for all comprehensive universities divided by six (6); and

(c) For institutions that have a hold-harmless provision amount in fiscal year 2023-2024, an additional amount equaling the institution's 2023-2024 hold-harmless provision amount.

(17) "STEM+H bachelor's degrees" means degrees in the fields of science, technology, engineering, math, and health sciences as determined by the council based on the U.S. Department of Homeland Security STEM Designated Degree Program List, as well as all programs in CIP 51.

(18) "Stop-loss provision" is defined by KRS 164.092(1)(n).

(19) "Underrepresented students" means first-generation college students.

(20) "University allocable resources" is defined by KRS 164.092(1)(o).

Section 2. Allocable Resources. The council shall determine total university allocable resources for any given year by calculating each institution's formula base amount and subtracting the small school adjustment and any amount protected by a hold-harmless provision. These amounts shall then be combined along with any applicable increase or decrease in general fund appropriation.

Section 3. Metric Weighting. For purposes of Sections 5, 6, and 7 of this administrative regulation, bachelor's degrees, student progression, earned credit hours, facilities' square feet, instruction and student services costs, and full-time equivalent student enrollment shall be calculated with differential weights for research and comprehensive universities in accordance with the Public University Funding Model Metric Weighting Chart.

Section 4. Three (3)-year Rolling Average. Each metric shall be calculated by averaging the most recent three (3) years of finalized data.

Section 5. Student Success Outcomes. Forty (40) percent of total university allocable resources shall be certified for distribution to each institution based on its share of the total volume of student success outcomes related to bachelor's degree production and student progression as established in KRS 164.092(6)(a)1. through 4., and in the following denominations:

(1) Nine (9) percent based on the bachelor's degrees awarded in an academic year as established in the Public University Sector Funding Model Formula Chart;

(2) Five (5) percent based on STEM+H bachelor's degrees awarded in an academic year;

(3) Eight (8) percent based on bachelor's degrees awarded to low-income students in an academic year;

(4) Three (3) percent based on the number of full-time and part-time undergraduate students reaching or surpassing thirty (30) cumulative earned credit hours in any term completed from August 1st to July 31st;

(5) Five (5) percent based on the number of full-time and part-time undergraduate students reaching or surpassing sixty (60) cumulative earned credit hours in any term completed from August 1st to July 31st;

(6) Seven (7) percent based on the number of full-time and part-time undergraduate students reaching or surpassing ninety (90) cumulative earned credit hours in any term completed from August 1st to July 31st; and

(7) Three (3) percent based on the number of bachelor's degrees awarded to underrepresented students in an academic year.

Section 6. Student Credit Hour Production. Thirty (30) percent of total university allocable resources shall be certified for distribution to each institution based on its share of total volume of weighted student credit hours earned during an academic year as established in KRS 164.092(6)(b).

(1) Credit hour weighting by course level and discipline shall be in accordance with the Public University Funding Model Earned Credit Hour Production Weighting Index.

(a) Credit hours earned by non-resident students shall be given one-half (0.5) the weight of those earned by resident students in comparable programs of study.

(b) Beginning fiscal year 2024-2025:

Credit hours earned by non-resident students shall be given three-quarters (.75) the weight of those earned by resident students in comparable programs of study; and
Resident undergraduate non-traditional age students shall be given twice the weight of those earned by traditional age students in comparable programs of study.

(2) The calculation in subsection (1) of this section shall not include credit hours earned by high school students taking courses for college credit.

Section 7. Operational Support. Thirty (30) percent of total university allocable resources shall be certified for distribution to each institution in support of vital campus operations as established in KRS 164.092(6)(c)1. through 3.

(1) Ten (10) percent shall be allocated based on facilities' square feet as reported annually to the council and as established in KRS 164.092(6)(c)1.

(2) Ten (10) percent shall be allocated based on direct instruction and student services costs as reported on each institution's annual audited financial statement and as established in KRS 164.092(6)(c)2.

(3) Ten (10) percent shall be allocated based on total full-time equivalent student enrollment as established in KRS 164.092(6)(c)3 and using the formula established in the Public University Sector Funding Model Formula Chart.

Section 8. Hold-harmless and Stop-loss Provisions.

(1) Any final amounts certified for distribution to any institution shall account for any hold-harmless or stop-loss provisions established in KRS 164.092(9).

(2) The council shall determine hold-harmless amounts for institutions through application of the formula established in this administrative regulation.

(a) If the formula total amount generated for an institution is less than its initial allocable resources, the amount of that difference shall be designated as the institution's hold-harmless allocation.

(b) If applied, an institution maintaining a hold-harmless allocation shall not receive additional distributions of funding through the model until the hold-harmless allocation balance is brought to zero through improved institutional performance, additional appropriations, or some combination thereof.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Public University Sector Funding Model Formula Chart," April 2024;

(b) "Public University Funding Model Metric Weighting Chart," October 2024; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Council on Postsecondary Education, 100 Airport Road, Third Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and https://cpe.ky.gov/.

History

RELATES TO: KRS 48.600 - 48.630, 164.001, 164.092
STATUTORY AUTHORITY: KRS 164.092(12)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.092(12) requires the Council on Postsecondary Education to promulgate an administrative regulation to implement a comprehensive funding model for the public postsecondary education system. This administrative regulation establishes the formula by which general fund appropriations shall be distributed in the public university sector.
History: 44 Ky.R. 443, 899; eff. 12-1-2017; TAm eff. 4-2-2021; 50 Ky.R. 2459; 51 Ky.R. 1416; eff. 2-25-2025.

13 KAR 2:130 Comprehensive funding model for the allocation of state general fund appropriations to Kentucky Community and Technical College System institutions {#sec-13-kar-2-130 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:130}

Section 1. Definitions.

(1) "Academic year" means the Summer, Fall, and Spring terms.

(2) "Council" is defined by KRS 164.092(1)(c).

(3) "Credentials" means the total number of certificates, diplomas, and associate degrees awarded during the academic year.

(4) "Equity adjustment" means ten (10) percent of total KCTCS institution allocable resources divided by sixteen (16) and allocated to each institution using the Community Needs Index.

(5) "FAFSA form" means the free application for federal student aid form completed by students to determine eligibility for federal student financial aid.

(6) "First-generation college students" means students who report on the FAFSA that neither parent has earned a college degree or credential, or one (1) parent if the other parent's education level is unknown.

(7) "Formula base amount" is defined by KRS 164.092(1)(e) and includes a deduction for mandated programs.

(8) "Full-time equivalent student enrollment" means the total academic year credit hours taken divided by thirty (30).

(9) "Hold-harmless provision" is defined by KRS 164.092(1)(f).

(10) "Institution" means a college in the Kentucky Community and Technical College System.

(11) "KCTCS" is defined by KRS 164.092(1)(h).

(12) "KCTCS institution allocable resources" is defined by KRS 164.092(1)(i).

(13) "Low-income student" means a student who has received a Federal Pell Grant at any time since 2005-2006 at KCTCS.

(14) "Mandated program" means a research or public service activity not integral to the instructional mission of the institution that is:

(a) Funded with greater than $200,000 of state appropriations; and

(b) Directed by statute, resolution, executive branch budget bill, executive order, or other legal mandate.

(15) "Non-traditional age students" is defined by KRS 164.092(1)(k).

(16) "Stop-loss provision" is defined by KRS 164.092(1)(n).

(17) "Underprepared students" means students who tested into developmental English, math, or reading upon entering KCTCS since the 2010-11 academic year.

(18) "Underrepresented students" means first-generation college students.

Section 2. Allocable Resources. The council shall determine total KCTCS institution allocable resources for any given year by calculating each institution's formula base amount and subtracting the equity adjustment and any amount protected by a hold harmless provision. These amounts shall then be combined along with any applicable increase or decrease in general fund appropriation.

Section 3. Data Sets. Unless indicated otherwise, each metric, except facilities square footage, shall be calculated using a three (3) year rolling average.

Section 4. Student Success Outcomes. Thirty-five (35) percent of total KCTCS institution allocable resources shall be certified for distribution to each institution based on its share of the total volume of student success outcomes as established in KRS 164.092(8)(a)1. through 4., and in the following denominations:

(1) Eight (8) percent based on the credentials awarded in an academic year weighted to provide a premium for credentials that are aligned with the economic needs of the state using the Credentials Tied to the Economy;

(2) Four (4) percent based on degrees awarded to underrepresented students in an academic year;

(3) Four (4) percent based on credentials awarded to low-income students in an academic year;

(4) Four (4) percent based on credentials awarded to underprepared students in an academic year;

(5) Four (4) percent based on credentials awarded to non-traditional age students in an academic year;

(6) Four (4) percent based on the number of students in the cohort who transferred to a baccalaureate degree granting college or university after the last term a student was enrolled at a KCTCS institution in the academic year;

(7) One (1) percent based on the number of full-time and part-time undergraduate students reaching or surpassing fifteen (15) cumulative earned credit hours in an academic year;

(8) Two (2) percent based on the number of full-time and part-time undergraduate students reaching or surpassing thirty (30) cumulative earned credit hours in an academic year; and

(9) Four (4) percent based on the number of full-time and part-time undergraduate students reaching or surpassing forty-five (45) cumulative earned credit hours in an academic year.

Section 5. Student Credit Hour Production. Thirty-five (35) percent of total KCTCS allocable resources shall be certified for distribution to each institution based on its share of total volume of weighted student credit hours earned during an academic year as established in KRS 164.092(8)(b). Credit hour weighting by course discipline shall be in accordance with the KCTCS Funding Model Classification of Instructional Program (CIP) Cost Factors Index.

Section 6. Operational Support. Thirty (30) percent of total KCTCS allocable resources shall be certified for distribution to each institution in support of vital campus operations as established in KRS 164.092(8)(c)1. through 3.

(1) Ten (10) percent shall be allocated based on facilities' square feet as reported annually to the council and as established in KRS 164.092(8)(c)1.

(2) Ten (10) percent shall be allocated based on direct instruction and student services costs as reported to The Integrated Postsecondary Education Data System (IPEDS) and as established in KRS 164.092(8)(c)2.

(3) Ten (10) percent shall be allocated based on total full-time equivalent student enrollment as established in KRS 164.092(8)(c)3.

Section 7. Stop-loss and Hold-Harmless Provisions.

(1) Any final amounts certified for distribution to any institution shall account for any hold-harmless or stop-loss provisions established in KRS 164.092(9).

(2) The council shall determine hold-harmless provision amounts for institutions through application of the formula established in this administrative regulation.

(3) If the formula total amount generated for an institution is less than its initial allocable resources, the amount of that difference shall be certified to KCTCS as that institution's hold-harmless provision allocation.

Section 8. Incorporation by Reference.

(1) The following material is incorporate by reference:

(a) "KCTCS Funding Model Classification of Instructional Program (CIP) Cost Factors Index", June 2017;

(b) "Community Needs Index (CNI)", April 2024; and

History

RELATES TO: KRS 48.600 - 48.630, 164.001, 164.092
STATUTORY AUTHORITY: KRS 164.092(12)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.092(12) requires the Council on Postsecondary Education to promulgate an administrative regulation to implement a comprehensive funding model for the public postsecondary education system. This administrative regulation establishes the formula by which general fund appropriations shall be distributed in the Kentucky Community and Technical College System sector.
History: 44 Ky.R. 445, 900; eff. 12-1-2017; TAm eff. 4-2-2021; 50 Ky.R. 2461; 51 Ky.R. 1417; eff. 2-25-2025.

Chapter 3 Adult Education and Literacy

13 KAR 3:010 GED® Testing Program {#sec-13-kar-3-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:010}

Section 1. Definitions.

(1) "GED® Diploma" means the High School Equivalency Diploma required by this administrative regulation.

(2) "Kentucky Skills U" means the adult education program within the Office of Adult Education.

Section 2. Test Purpose. The GED® test shall provide a valid means of measuring the educational achievement of an adult who is a non-high school graduate and of comparing the adult's competency to that of high school graduates. The test shall cover:

(1) Writing;

(2) Social studies;

(3) Science;

(4) Reading; and

(5) Mathematics.

Section 3. Test Centers. Official GED® testing centers shall be established under agreement with the GED® Testing Service. Kentucky Skills U shall authorize the location of these centers so that they provide applicants with sufficient access and are able to meet the expected testing volume.

Section 4. Test Scores. In order for an applicant to be issued a Commonwealth of Kentucky High School Equivalency Diploma and an official GED® transcript, an applicant shall achieve the minimum passing standard on the Official GED® test as set by GED® Testing Service.

Section 5. Commonwealth of Kentucky High School Equivalency Diploma. Kentucky Skills U shall provide a high school equivalency diploma to an applicant who meets all the provisions of this administrative regulation and the eligibility requirements established by 13 KAR 3:050.

Section 6. Test Fees.

(1) The GED® test shall be offered at official GED® testing centers at a fee set and collected by GED® Testing Service.

(2) A request for a duplicate transcript or diploma from Kentucky Skills U shall:

(a) Be in writing;

(b) Carry the signature, birth date, and Social Security number of the test-taker; and

A ten (10) dollar processing fee assessed for the issuance of a duplicate transcript request; or
A twenty-five (25) dollar fee assessed for the issuance of a duplicate diploma, to include a duplicate transcript.

History

RELATES TO: KRS 151B.403
STATUTORY AUTHORITY: KRS 151B.403 , 151B.408
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.408 requires the Office of Adult Education (Kentucky Skills U Program) to promulgate necessary administrative regulations and administer a statewide adult education system. KRS 151B.403(2) requires that a high school equivalency diploma be issued upon passage of a qualifying test that is aligned with the College and Career Readiness Standards for adult education, or any other standards adopted by the federal Office of Career, Technology, and Adult Education and authorizes the Office of Adult Education (Kentucky Skills U) to establish fees for the issuance of a duplicate high school equivalency diploma and for issuance of a duplicate score report. This administrative regulation establishes the procedure for testing an adult for the GED® diploma.
History: 22 Ky.R. 639; eff. 11-2-1995; 23 Ky.R. 1679; 2480; eff. 12-5-1996; 24 Ky.R. 407; 894; eff. 10-2-1997; 25 Ky.R. 2673; 26 Ky.R. 62; eff. 7-14-1999; 28 Ky.R. 1214; 1636; eff. 1-14-2002; 31 Ky.R. 614; 934; eff. 11-8-2004; 35 Ky.R. 1285; 2431; eff. 6-5-2009; Recodified from 785 KAR 1:010; eff. 9-13-2013; 40 Ky.R. 879; 1248; eff. 1-3-2014; 48 Ky.R. 842, 2015; eff. 4-5-2022.

13 KAR 3:020 Provision of instruction for individuals sentenced by a court to participate in educational programs {#sec-13-kar-3-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:020}

Section 1. Instructional Program, Costs, Licensing. There shall not be any costs to students ordered by the court to attend a Kentucky Adult Education instructional program described in KRS 533.200. The program services shall be services presently provided students enrolling in Kentucky Adult Education programs. Qualifications of instructors shall be determined by Kentucky Adult Education. These minimum qualifications shall be:

(1) A Bachelor's degree, preferably in education or a content-related field; and

(2) A score of NRS (National Reporting System) Level 6 or higher on at least one (1) content area of the Test of Adult Basic Education (TABE).

History

RELATES TO: KRS 151B.408, 533.200, 533.210
STATUTORY AUTHORITY: KRS 151B.408, 533.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 533.210 requires the Office of Adult Education to promulgate administrative regulations relating to the conduct of the program described in KRS 533.200, including the costs of participation. KRS 151B.408 requires the office to promulgate necessary administrative regulations for administering adult education programs and services. This administrative regulation describes the method of providing services in accordance with KRS 533.200 and 533.210, the cost of individual participation in the program, and the qualifications of teachers providing instruction.
History: 22 Ky.R. 653; Am. 1081; eff. 12-7-1995; Recodified from 785 KAR 1:100; eff. 9-13-2013; 48 Ky.R. 843, 2015; eff. 4-5-2022; TAm 11-10-2022.

13 KAR 3:030 Qualifications for progressing satisfactorily through a GED® preparation program {#sec-13-kar-3-030 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:030}

Section 1. Definitions.

(1) "GED® Diploma" means the High School Equivalency Diploma required by this administrative regulation.

(2) "Kentucky Adult Education" means the adult education program within the Office of Adult Education.

Section 2. Satisfactory Progress Requirement. Making progress toward obtaining a GED® Diploma shall require:

(1) Enrollment in a Kentucky Adult Education program on an appropriate instructional level as determined by a reliable, commercially prepared, standardized test designed for adult students;

(2) Monthly verification of attendance by the local Kentucky Adult Education program official; and

(3) A report documenting student hours of participation, along with their pre- and post-assessment results. The report shall be submitted to the local school superintendent for determination of satisfactory progress. If the individual meets the criteria in subsections (1)-(3) of this section, the superintendent shall determine that satisfactory progress has been made.

History

RELATES TO: KRS 151B.408, 151B.403, 161.011
STATUTORY AUTHORITY: KRS 151B.408, 161.011
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.408 requires the Office of Adult Education to promulgate administrative regulations establishing requirements for adult education programs and services in Kentucky. KRS 161.011 requires the Office of Adult Education to define progressing satisfactorily through a High School Equivalency Diploma Program for the purposes of minimum qualifications for local school district classified employment positions. This administrative regulation establishes requirements for "progressing satisfactorily through a High School Equivalency Diploma Program."
History: 22 Ky.R. 654; Am. 1081; eff. 12-7-1995; Recodified from 785 KAR 1:110; eff. 9-13-2013; 48 Ky.R. 844, 2016; eff. 4-5-2022; TAm eff. 11-10-2022.

13 KAR 3:040 GED® Incentives Program {#sec-13-kar-3-040 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:040}

Section 1. Definitions.

(1) "GED® Diploma" means the High School Equivalency Diploma required by this administrative regulation.

(2) "Kentucky Adult Education" means the adult education program within the Office of Adult Education.

Section 2. Learning Contract Requirement. A learning contract between an eligible employee, the employer, and the Kentucky Adult Education instructor shall be developed, in accordance with KRS 151B.402(2)(a). The local adult education program shall:

(1) Ensure that a learning contract is fully completed and signed by the parties;

(2) Retain the original learning contract for a period of three (3) years after the employee's completion of the program;

(3) No later than ten (10) days after the final signature is obtained on the learning contract, submit a copy to:

(a) The employee;

(b) The employer; and

Section 3. Attendance Reports. A local Kentucky Adult Education program official shall submit monthly attendance reports, to the Office of Adult Education and the employer, in compliance with KRS 151B.402(2)(b). The local Adult Education program shall:

(1) Use sign-in and sign-out sheets to verify the information reported on attendance reports;

(2) Retain copies of sign-in and sign-out sheets for three (3) years following the employee's completion of this program; and

(3) Provide copies of sign-in and sign-out sheets to Office of Adult Education staff upon request.

Section 4. Final Report.

(1) The local Adult Education program shall:

(a) Complete a final report, in compliance with KRS 151B.402(2)(c);

(b) Retain the original final report; and

The employee;
The employer;
The Kentucky Revenue Cabinet; and
The Office of Adult Education.

(2) The employee shall provide the final report to a public postsecondary institution when applying for a tuition discount as provided in KRS 151B.402.

(3) The employer shall provide the final report to the Kentucky Revenue Cabinet when applying for a tax credit as provided in KRS 151B.402.

History

RELATES TO: KRS 151B.402, 151B.408
STATUTORY AUTHORITY: KRS 151B.402
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.402 requires the Office of Adult Education, in conjunction with the Education and Labor Cabinet, to promulgate administrative regulations for an incentive program provided to full-time employees who complete a High School Equivalency Diploma within one (1) year, and their employers. This administrative regulation prescribes the policies, activities, and procedures required for participants in this incentive program.
History: 27 Ky.R. 3471; Am. 28 Ky.R. 441; 628; eff. 9-5-2001; Recodified from 785 KAR 1:120; eff. 9-13-2013; 48 Ky.R. 846, 2016; eff. 4-5-2022; TAm eff. 11-10-2022.

13 KAR 3:050 GED® eligibility requirements {#sec-13-kar-3-050 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:050}

Section 1. Definitions.

(1) "GED® Diploma" means the High School Equivalency Diploma required by this administrative regulation.

(2) "Kentucky Adult Education" means the adult education program within the Office of Adult Education.

(3) "State agency children" or "state agency child" is defined by KRS 158.135(1)(a).

Section 2. Eligibility Requirements. The GED® test shall be administered to an applicant with a Kentucky address who:

(1) Has reached his or her 19th birthday;

(2)

(a) Has reached his or her 18th birthday; and

(b)

Except as established in Section 3 of this administrative regulation, has officially withdrawn from public or private school for at least ninety (90) days as certified by the local school district;
Is committed or placed in an adult correctional facility;
Is enrolled in the Jobs Corps Program of Instruction; or
Is enrolled in a National Guard Youth "ChalleNGe" program; or

(3)

(a) Has reached his or her 17th birthday;

Is considered a state agency child, as defined by KRS 158.135(1)(a); or
Is enrolled in a district-operated alternative program, is not on track to graduate (as defined by the local board of education), and has passed at least one (1) section of the GED® Ready test; and

(b) Is approved for the GED® test by the local school superintendent.

Section 3. Superintendent Waiver. The local school superintendent or designee in the district where the applicant currently resides may waive the ninety (90) day school withdrawal provision of Section 2(2)(b)1. of this administrative regulation if necessary due to a deadline for postsecondary enrollment, condition of employment, medical reason, family crisis, or other extenuating circumstances.

Section 4. Test Readiness. An applicant shall successfully complete and pass an official readiness test with the same passing scores required to pass the GED® test prior to taking the GED® test.

History

RELATES TO: KRS 158.135(1)(a), 158.143, 158.6455, 151B.403
STATUTORY AUTHORITY: KRS 151B.403
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.403(1) requires the Office of Adult Education (Kentucky Adult Education) within the Education and Labor Cabinet to promulgate administrative regulations to establish programs that, upon successful completion, result in the award of a high school equivalency diploma. KRS 151B.403(2) requires that at least one (1) of these programs shall include a test aligned with the College and Career Readiness Standards for Adult Education, or any other standards adopted by the federal Office of Career, Technical, and Adult Education (OCTAE), which upon passing, shall entitle students to receive a high school equivalency diploma. This administrative regulation establishes the eligibility requirements for taking a High School Equivalency Diploma test as defined in this administrative regulation.
History: 28 Ky.R. 1276; Am. 1637; eff. 1-14-2002; 31 Ky.R. 1897; 32 Ky.R. 103; 263; eff. 8-25-2005; Recodified from 785 KAR 1:130; eff. 9-13-2013; 40 Ky.R. 880; 1393; eff. 1-28-2014; 44 Ky.R. 257, 901; eff. 12-1-2017; 48 Ky.R. 847, 2017; eff. 4-5-2022; 49 Ky.R. 856, 1411; eff. 4-4-2023.

13 KAR 3:060 High school equivalency diploma awarded for credit hour completion at Kentucky Community and Technical College System institutions {#sec-13-kar-3-060 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:060}

Section 1. Definitions.

(1) "Credit for prior learning" means college credit:

(a) For the college-level knowledge and skills gained from non-college instructional programs or life experiences, including credit awarded pursuant to 13 KAR 2:025 and KRS 164.2951(2)(e), employment, military experience, civic activities, and volunteer service; and

(2) "Eligible candidate" means an individual that:

(a) Has reached his or her 19th birthday;

(b) Has not obtained a high school diploma or its equivalent;

(d) Maintains a Kentucky address.

(3) "KCTCS" means the Kentucky Community and Technical College System as defined in KRS 164.001(13).

(4) "KYAE" means the Kentucky Adult Education program within the Education and Labor Cabinet.

(5) "OCTAE" means the U.S. Department of Education Office of Career Technical and Adult Education.

(6) "Successful completion" means:

(a) Passing with a course grade greater than or equal to "C" constituting a 2.0 on a 4.0 scale; or

(b) Being awarded credit for prior learning as indicated on an official KCTCS transcript.

Section 2. Course Requirements.

(1) An eligible candidate shall qualify for a Commonwealth of Kentucky High School Equivalency Diploma upon successful completion of a minimum of three (3) credit hours in each of the following content areas as certified with an official KCTCS transcript:

(a) Written communication;

(b) Quantitative reasoning;

(d) Social and behavioral sciences.

(2) KCTCS and KYAE shall review the competencies gained in entry-level courses in these content areas. Those entry-level courses with competencies that meet or exceed the skills demonstrated through passing the GED® exam at college ready level shall be eligible for the program and published in a list on the KYAE Web site.

Section 3. Issuance of Commonwealth of Kentucky High School Equivalency Diploma. An eligible candidate shall provide the following to Kentucky Adult Education for the High School Equivalency Diploma to be issued:

(1) Legal name, date of birth, social security number, phone number, email address, home address, list of eligible courses, and signature;

(2) A twenty-five (25) dollar non-refundable application and processing fee; and

(3) An official KCTCS transcript documenting successful completion of the qualifying credit hours.

History

RELATES TO: KRS 151B.403, 151B.408
STATUTORY AUTHORITY: KRS 151B.403
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.403 requires the Office of Adult Education (Kentucky Adult Education Program) within the Education and Labor Cabinet to promulgate administrative regulations to establish programs aligned with the College and Career Readiness Standards for Adult Education, or any other similar standards adopted by the federal Office of Career, Technical, and Adult Education, which upon successful completion, shall result in the issuance of a High School Equivalency Diploma. This administrative regulation establishes the criteria and conditions for the issuance of a high school equivalency diploma upon successful completion of credit hours at Kentucky Community and Technical College institutions in certain content areas.
History: 44 Ky.R. 2702; eff. 8-31-2018; 48 Ky.R. 849; 2017; eff. 4-5-2022; TAm eff. 11-10-2022.

Chapter 4 Interstate Reciprocity Agreements

13 KAR 4:010 State Authorization Reciprocity Agreement {#sec-13-kar-4-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 4:010}

Section 1. Definitions.

(1) "Commission" means the Kentucky Commission on Proprietary Education.

(2) "Council" means the Kentucky Council on Postsecondary Education.

(3) "Degree" means an award conferred at the associate level or higher by an institution as official recognition for the successful completion of a program of studies.

(4) "Institution" means a Kentucky degree-granting postsecondary entity.

(5) "NC-SARA" means the National Council for State Authorization Reciprocity Agreements.

(6) "President" means the President of the Kentucky Council on Postsecondary Education.

(7) "State Authorization Reciprocity Agreement," or "SARA," means the agreement among member states, districts, and U.S. territories that establishes comparable national standards for interstate offering of degrees through distance education and authorizes institutions meeting those standards located in member states or territories to provide distance education to residents of other member states.

Section 2. Initial Application Procedures.

(1) To participate in SARA, an institution shall submit the following items to the president for review and action:

(a) The current NC-SARA Application and Approval Form for Institutional Participation in SARA, in electronic format; and

(b) The fees due to the Council, in accordance with Section 6 of this administrative regulation.

(2) The application referenced in subsection (1)(a) of this section may be found online at www.nc-sara.org.

Section 3. Renewal Application Procedures.

(1) To continue participating in SARA, an institution shall submit the following items to the president for review and action at least sixty (60) days before the anniversary date of the institution's initial approval:

(a) The current NC-SARA Application for Institutional Renewal to Participate in SARA, in electronic format; and

(b) The fees due to the council, in accordance with Section 6 of this administrative regulation.

(2) The application referenced in subsection (1)(a) of this section may be found online at www.nc-sara.org.

Section 4. Standards for Approval. To participate in SARA, an institution shall:

(1) Maintain authorization to operate in Kentucky through one (1) of the following:

(a) Creation by Kentucky Revised Statutes;

(b) Licensure by the council; or

(2) Meet the current minimum requirements to participate in SARA.

Section 5. Consumer Complaints.

(1) After first exhausting the institution's internal procedure for complaint resolution, a non-resident student may file a complaint against the institution for failure to comply with any SARA standard within two (2) years of the incident about which the complaint is made.

(2) To be considered, a complaint shall be submitted by the student in writing and include:

(a) The name, address, email address, and phone number of the student;

(b) The name of the institution;

(d) The dates of attendance;

(e) An explanation of the steps taken to exhaust the institution's grievance process;

(f) A full description of the issue and any relevant documentation supporting the complaint; and

(g) The desired resolution of the complaint.

(3) Complaints regarding student grades or student conduct violations shall not be considered.

(4) The president shall forward the complaint by email to the institution and require a written response no later than thirty (30) days from the date of transmittal.

(5) After review of information and materials provided by the student and the institution, the president may request additional information from either party.

(6) After review of all relevant information and materials, the president shall facilitate a resolution of the complaint. The relief provided the student, if any, shall be commensurate with the circumstances.

(7) Resolution of a complaint by the president shall be final, except in instances where the subject matter of the complaint may violate any other applicable laws.

(8) The president shall provide to the executive director of the commission, for reference purposes, a copy of:

(a) Any complaint initiated against an institution licensed by the commission;

(b) The resolution; and

Section 6. Fees. The council shall charge an initial and annual renewal fee to institutions based on all enrolled full-time equivalent students, which shall be due at the time of application. Applications shall not be reviewed without receipt of fee payment. Failure to pay a fee on or before the date of application shall be sufficient grounds for denial of an application. Fees shall be in addition to any fees charged by NC-SARA and shall be in accordance with the following schedule:

(1) Under 2,500 full-time equivalent students – $4,500;

(2) 2,500 full-time equivalent students – 9,999 – $7,500; or

(3) 10,000 or more full-time equivalent students – $10,500.

Section 7. Appeals. An institution denied approval for an initial or renewal application may request an appeal of that decision in accordance with the terms of this subsection.

(1) The institution shall notify the president of the intent to appeal the decision within seven (7) days of the receipt of the notice of denial.

(2) The president shall request that the Office of Administrative Hearings appoint a hearing officer who shall conduct an administrative hearing consistent with the provisions of KRS 13B.005-13B.170.

(3) The appeal shall be presented in writing no later than thirty (30) days following the receipt of notification of intent to appeal.

(4) The appeals officer shall review findings of fact, consider testimony, draw conclusions, and formulate a recommendation consistent with the facts and this administrative regulation.

(5) Upon completion, the report of the appeals officer shall be forwarded to the institution and to the president.

(6) Within thirty (30) working days of receiving the report of the appeals officer, the president shall either uphold the decision or approve the application.

History

RELATES TO: KRS 164.020(23),164.945, 164.946, 164.947, 164.992, 165A.320-165A.450
STATUTORY AUTHORITY: KRS 164.540(3)(c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.540(3) authorizes the Council on Postsecondary Education to promulgate an administrative regulation to enter into the State Authorization Reciprocity Agreement, which establishes uniform national standards for interstate offerings of postsecondary distance education and authorizes postsecondary educational institutions meeting those standards located in member states or territories to provide distance education to residents of other member states. KRS 164.540(3) also authorizes the council to serve as the lead or portal agency on behalf of the Commonwealth's public and private postsecondary institutions seeking to offer distance education in member states. This administrative regulation establishes the mechanism by which Kentucky institutions may join the State Authorization Reciprocity Agreement and sets forth the process by which non-resident students can file complaints against Kentucky member institutions.
History: 43 Ky.R. 833, 1163; eff. 1-30-2017; 1913, 2458, 2597; eff. 6-30-2020; 47 Ky.R. 1805, 2572; eff. 8-31-2021.

Chapter 5 Healthcare

13 KAR 5:010 Healthcare training scholarships {#sec-13-kar-5-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 5:010}

Section 1. Definitions.

(1) "Council" is defined by KRS 164.001(8).

(2) "Eligible healthcare credential" is defined by KRS 164.0401.

(3) "Eligible entity" means an entity that offers a healthcare program.

(4) "Fund" means the healthcare workforce investment fund as established by KRS 164.0402.

(5) "Healthcare partner" is defined by KRS 164.0401(5).

(6) "Healthcare program" is defined by KRS 164.0401(6).

(7) "Kentucky resident" is defined by KRS 164.020(8).

(8) "Match" means general fund appropriation monies from the fund provided to the institution subject to funds availability, based on at least a dollar-for-dollar contribution from the healthcare partner pursuant to KRS 164.0402(3)(a).

(9) "Steering committee" means the healthcare workforce investment steering committee established by the Council for the purpose of advising on issues related to healthcare training scholarships, including determining funding allocations, defining partnership proposal criteria, and making awards. The steering committee shall be comprised of a minimum of nine (9) members who have experience in healthcare programs, healthcare workforce, state government, and a minimum of one (1) member of the Council on Postsecondary Education. On making selections to the committee, and to the extent possible, the Council shall ensure equal representation of the experiences listed, and diversity in geography, healthcare program discipline, and size of healthcare workforce provider.

Section 2. Notice of Funding Opportunities.

(1) Each year that general fund appropriations are available for distribution through the healthcare workforce investment fund, the Council shall publish notice of availability of funding opportunities for partnerships and issue a request for partnership proposals.

(2) The notice and request for partnership proposals shall include:

(a) The funding period;

(b) The date by which to submit a partnership proposal;

(d) The partnership proposal evaluation criteria and relative weighting of each criterion;

(e) How to submit a partnership proposal; and

(f) The targeted date for making awards.

Section 3. Partnership Proposals. To be eligible for funding, a partnership proposal shall include:

(1) The participating healthcare partners and healthcare programs certified by the signature of their respective chief executive officers and a designated point of contact and contact information for each partner;

(2) Certification that the healthcare program is offered by an eligible entity and that completion of the program meets eligibility requirements for certification or license in Kentucky;

(3) The total proposed budget for the program, which includes the healthcare partner contribution and the amount of healthcare workforce investment funds requested for match in accordance with requirements set forth by the Council;

(4) A narrative explaining how the institution plans to use the healthcare partner contribution and match from the fund to award healthcare training scholarships in eligible healthcare credentials;

(5) A description of the healthcare program's plan for student recruitment, scholarship award criteria, and selection process;

(6) An explanation of how the healthcare program shall increase student enrollment in eligible healthcare credentials, program completion, and meet local, regional, or state workforce demands;

(7) An explanation of how the healthcare partner shall onboard and retain graduates;

(8) An explanation of how graduates shall be supported through their service obligations;

(9) A response to any other partnership proposal criteria as determined by the steering committee;

(10) A description of how the partnership proposal shall meet the priorities set forth in KRS 164.0403;

(11) A statement of assurances that statutory requirements shall be satisfied as set forth in KRS 164.0403; and

(12) The amount of the healthcare partner's contribution certified by its chief financial officer and supported by appropriate documentation.

Section 4. Evaluation Process.

(1) The steering committee shall review and rank each completed and timely submitted proposal on the extent to which the application meets the priorities set forth in Section 3 of this administrative regulation.

(2) Once the proposals are evaluated and ranked, the steering committee shall consider the distribution of funds to avoid a concentration in a small number of partnerships before determining final amounts awarded and the number of awards to be made.

(3) Once award distributions are finalized by the steering committee and approved by the Council, the Council shall notify the designated points of contact of the award.

Section 5. Partnership Awards.

(1) Upon award, the Council, the healthcare partner, and healthcare program shall enter into a partnership contract in accordance with the terms set forth in KRS 164.0403.

(2) Once the partnership contract is finalized, the Council shall disburse from the fund monies deposited by the healthcare partner and the matching funds appropriated by the General Assembly to the healthcare program.

Section 6. Responsibilities of the Healthcare Program. After an award is made and a partnership contract is finalized, a healthcare program shall:

(1) Establish and enforce a healthcare training scholarship application and process for solicitation, acceptance, and review of scholarship applications from students who are Kentucky residents in collaboration with the partner healthcare partner;

(2) Encourage healthcare training scholarship applicants to complete the Free Application for Federal Student Aid, if applicable;

(3) Establish healthcare training scholarship deadlines;

(4) Award healthcare training scholarships;

(5) Develop and administer a scholarship contract between the recipient and the healthcare program in accordance with KRS 164.0403; and

(6) Meet any reporting requirements set forth in the partnership contract.

History

RELATES TO: KRS 164.0401, 164.0402, 164.0403
STATUTORY AUTHORITY: KRS 164.0402, 164.0403
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.0402 requires the Council on Postsecondary Education to promulgate administrative regulations to administer the Kentucky healthcare workforce investment fund. KRS 164.0403 requires the Council to set forth the requirements for partnership proposals between healthcare providers and healthcare partners to provide healthcare training scholarships to Kentucky residents enrolled in eligible healthcare programs in Kentucky. This administrative regulation establishes the Kentucky Healthcare Training Scholarships, established in KRS 164.0402, designed to reduce the financial barriers of Kentucky residents seeking high-demand eligible healthcare credentials.
History: 50 Ky.R. 486, 1036; eff. 12-11-2023.

13 KAR 5:020 Healthcare program incentives {#sec-13-kar-5-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 5:020}

Section 1. Definitions.

(1) "Council" is defined by KRS 164.001(8).

(2) "Dedicated funds" is defined by KRS 164.0401(2).

(3) "Eligible entity" means an entity that offers a healthcare program.

(4) "Fund" means the healthcare workforce investment fund as established by KRS 164.0402.

(5) "Grantor" is defined by KRS 164.0401(4).

(6) "Healthcare partner" is defined KRS 164.0401(5).

(7) "Healthcare program" is defined in KRS 164.0401(6).

(8) "Incentives" means healthcare program incentives as established by KRS 164.0404.

(9) "Match" means monies from the fund provided to the institution on a dollar-for-dollar basis, subject to funds availability, to the healthcare partner's contribution pursuant to KRS 164.0404(1).

(10) "Steering committee" means the healthcare workforce investment steering committee established by the Council for the purpose of advising on issues related to healthcare training scholarships, including determining funding allocations, defining partnership proposal criteria, and making awards. The steering committee shall be comprised of a minimum of nine (9) members who have experience in healthcare programs, healthcare workforce, state government, and a minimum of one (1) member of the Council on Postsecondary Education. On making selections to the committee, and to the extent possible, the Council shall ensure equal representation of the experiences listed, and diversity in geography, healthcare program discipline, and size of healthcare workforce provider.

Section 2. Healthcare Incentive Proposals without Dedicated Funds. To be eligible to receive funding, an incentive proposal without dedicated funds shall include:

(1) The name of the requesting healthcare programs certified by the signature of their respective chief executive officer and a designated point of contact with contact information;

(2) A narrative explaining how the healthcare program intends to use requested funds to support the performance and excellence in its production of specific eligible healthcare credentials solely through funding the areas outlined in KRS 164.0404;

(3) Certification that the healthcare program is offered by an eligible entity and that completion of the program meets eligibility requirements for certification or license in Kentucky;

(4) The total proposed budget for the incentive funds requested;

(5) Discussion of how the healthcare credentials aligns with Kentucky's high-demand workforce sectors identified by the Kentucky Workforce Innovation Board and the Education and Labor Cabinet. If not aligned, the healthcare program shall provide other verifiable proof of workforce demand for the healthcare credentials;

(6) An explanation of the program's past five (5) years of data on student retention and graduation rates and current efforts to retain and graduate students in applicable healthcare credentials;

(7) An explanation on how the program increased the average annual degree production in the credential over the past five (5) years;

(8) A description of what career development or job placement programs are offered by the program;

(9) An explanation as to what learning experiences in simulated or clinical settings are offered by the program;

(10) A description of what learning experiences are offered by the program to middle or high school students, if any;

(11) Any relative data and analysis addressing the factors set forth in KRS 164.0404; and

(12) An explanation of how the program shall meet any other criteria determined by the steering committee.

Section 3. Incentive Proposals with Dedicated Funds. To be eligible to receive funding, an incentive proposal with dedicated funds shall include:

(1) The criteria established in Section 2 of this administrative regulation;

(2) A statement of assurances that the healthcare program shall not violate any of the requirements set forth by KRS 164.0404; and

(3) An explanation of how the program shall meet any criteria established by the grantor healthcare partner as part of their contribution of dedicated funds.

Section 4. Evaluation Process.

(1) The steering committee shall review and rank each healthcare program proposal on the extent to which it meets the priorities set forth in Sections 2 and 3 of this administrative regulation, as applicable. The steering committee may engage with a grantor healthcare partner in evaluating incentive proposals with grantor criteria if required by the dedicated funds.

(2) Once the proposals are evaluated and ranked, the steering committee shall consider the distribution of funds to avoid a concentration in a small number of programs before determining award distributions.

(3) Once awards distributions are finalized by the steering committee, the Council shall notify the designated points of contact.

Section 5. Incentive Awards.

(1) Upon award, the Council shall enter into a contract with the healthcare program to distribute the funds. The contract shall include the requirements of KRS 164.0404 and any reporting requirements set forth by the Council.

(2) Once the contract is finalized, the Council shall disburse from the fund monies deposited by the healthcare partner and the matching funds appropriated by the General Assembly to the healthcare program.

History

RELATES TO: KRS 164.0401, 164.0402, 164.0404
STATUTORY AUTHORITY: KRS 164.0402, 164.0404
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.0402 requires the Council on Postsecondary Education to promulgate administrative regulations to administer the Kentucky healthcare workforce investment fund. KRS 164.0404 requires the Council to set forth the requirements to provide healthcare program incentives to reward performance and excellence among Kentucky's healthcare programs. This administrative regulation establishes the Kentucky Healthcare Program Incentives, established in KRS 164.0402, designed to reward performance and excellence among the Commonwealth's healthcare programs.
History: 50 Ky.R.488, 1037; eff. 12-11-2023.

Chapter 6 Aerospace

13 KAR 6:010 Aviation training scholarships {#sec-13-kar-6-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 6:010}

Section 1. Definitions.

(1) "Advisory committee" is defined by KRS 164.7011(1).

(2) "Aviation" is defined by KRS 164.7011(2).

(3) "Aviation industry partner" is defined by KRS 164.7011(3).

(4) "Aviation program" is defined by KRS 164.7011(4).

(5) "Council" is defined by KRS 164.001(5).

(6) "Dedicated money" is defined by KRS 164.7011(6).

(7) "Eligible aviation credential" is defined by KRS 164.7011(7).

(8) "Fund" is defined by KRS 164.7011(8).

(9) "Kentucky resident" is defined by KRS 164.020(8)(a).

(10) "Match" means general fund appropriation moneys from the fund provided to the institution, depending on availability of funds and based on at least a dollar-for-dollar contribution from the aviation industry partner pursuant to KRS 164.7015(3)(a).

Section 2. Notice of Funding Opportunities.

(1) Each year that general fund appropriations are available for distribution through the aerospace, aviation, and defense investment fund, the council shall publish notice of availability of funding opportunities for partnerships and issue a request for partnership proposals.

(2) The notice and request for partnership proposals shall include:

(a) The funding period;

(b) The date by which to submit a partnership proposal;

(d) A list of priority eligible aviation credentials with high workforce demand as determined by the advisory committee based on data derived from the Kentucky Center for Statistics and aviation-related workforce organizations;

(e) The partnership proposal evaluation criteria and relative weighting of each criterion;

(f) How to submit a partnership proposal; and

(g) The targeted date for making awards.

Section 3. Partnership Proposals. To be eligible for funding, a partnership proposal shall include:

(1) The participating aviation industry partners and aviation programs certified by the signature of the respective chief executive officers and a designated point of contact and contact information for each partner;

(2) Certification that the "aviation program" meets the definition in KRS 164.7011(4);

(3) The total proposed budget for the program, which shall include the aviation industry partner contribution and the amount of aerospace, aviation, and defense investment funds requested for match;

(4) A narrative explaining how the aviation program plans to use the aviation industry partner contribution and match from the fund to award aviation training scholarships in eligible aviation credentials;

(5) A description of the aviation program's plan for student recruitment, scholarship award criteria, and selection process;

(6) An explanation of how the aviation program shall increase student enrollment in eligible aviation or aerospace credentials, program completion, and meet local, regional, or state workforce demands;

(7) If using dedicated moneys, an explanation of how the aviation industry partner shall onboard and retain graduates;

(8) An explanation of how graduates shall be supported through their service obligations;

(9) A description of how the partnership proposal shall meet the priorities established in KRS 164.7015(2);

(10) A response to any other partnership proposal criteria;

(11) A statement of assurances that both the aviation industry partner and the aviation program shall adhere to the statutory requirements in any written partnership contract as established in KRS 164.7015(3); and

(12) The amount of the aviation industry partner's contribution certified by its chief financial officer and supported by appropriate documentation.

Section 4. Evaluation Process.The advisory committee shall evaluate and rank each complete proposal submitted on or before the due date, giving priority for proposals targeted to eligible aviation credentials with high workforce demand.

Section 5. Partnership Awards.

(1) Upon award, the council, the aviation industry partner, and aviation program shall enter into a partnership contract in accordance with KRS 164.7015(3).

(2) Once the partnership contract is finalized, the council shall disburse from the fund moneys deposited by the aviation industry partner and the matching funds appropriated by the General Assembly to the aviation program.

Section 6. Responsibilities of the Aviation Program. After an award is made and a partnership contract is finalized, the aviation program shall:

(1) Establish and enforce an aviation training scholarship application and process for solicitation, acceptance, and review of scholarship applications from students who are Kentucky residents in collaboration with the aviation industry partner;

(2) Require aviation training scholarship applicants to complete the Free Application for Federal Student Aid, if applicable;

(3) Establish aviation training scholarship deadlines;

(4) Award aviation training scholarships;

(5) Develop and administer a scholarship contract between the recipient and the aviation program in accordance with KRS 164.7015(6) and (7); and

(6) Meet any reporting requirements agreed to in the partnership contract.

History

RELATES TO: KRS 164.020(8)(a), 164.7011, 164.7013, 164.7015
STATUTORY AUTHORITY: KRS 164.7013(8)(a), 164.7015(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.7013(8)(a) requires the Council on Postsecondary Education to promulgate administrative regulations to administer the Kentucky aerospace, aviation, and defense investment fund. KRS 164.7015(2) requires the council to establish the requirements for partnership proposals between aviation programs and aviation industry partners to provide aviation training scholarships to Kentucky residents enrolled in aviation programs. This administrative regulation establishes provisions for aviation training scholarships.
History: 51 Ky.R. 596, 1252; eff. 2-25-2025.

13 KAR 6:020 Aviation equipment grants {#sec-13-kar-6-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 6:020}

Section 1. Definitions.

(1) "Advisory committee" is defined by KRS 164.7011(1).

(2) "Aviation" is defined by KRS 164.7011(2).

(3) "Aviation industry partner" is defined by KRS 164.7011(3).

(4) "Aviation program" is defined by KRS 164.7011(4).

(5) "Council" is defined by KRS 164.001(5).

(6) "Eligible aviation credential" is defined by KRS 164.7011(7).

(7) "Fund" is defined by KRS 164.7011(8).

(8) "Match" means general fund appropriation moneys from the fund provided to the institution, depending on availability of funds and based on at least a dollar-for-dollar contribution from the aviation industry partner pursuant to KRS 164.7017(2)(a).

(9) "Public aviation program" is defined by KRS 164.7011(12).

Section 2. Notice of Funding Opportunities.

(1) Each year that general fund appropriations are available for distribution through the fund, the council shall publish notice of availability of funding opportunities for partnerships and issue a request for partnership proposals.

(2) The notice and request for partnership proposals shall include:

(a) The funding period;

(b) The date by which to submit a partnership proposal;

(d) The partnership proposal evaluation criteria and relative weighting of each criterion;

(e) How to submit a partnership proposal; and

(f) The targeted date for making awards.

Section 3. Partnership Proposals. To be eligible for funding, a partnership proposal shall include:

(2) Certification that the "public aviation program" meets the definition in KRS 164.7011(12);

(3) The total proposed budget for the program, which shall include the aviation industry partner contribution and the amount of aerospace, aviation, and defense investment funds requested for match;

(4) A narrative explaining how the partnership would meet the criteria for prioritization established in KRS 164.7017(3)(a);

(5) A response to any other partnership proposal criteria; and

(6) The amount of the aviation industry partner's contribution certified by its chief financial officer and supported by appropriate documentation.

Section 4. Evaluation Process. The advisory committee shall review and rank each complete proposal submitted on or before the due date based on its published evaluation criteria, which shall include the priorities established in KRS 164.7017(3)(a).

Section 5. Partnership Awards.

(1) Upon award, the council, the aviation industry partner, and aviation program shall enter into a partnership contract in accordance with the terms established in KRS 164.7017(2).

(2) Once the partnership contract is finalized, the council shall disburse from the fund, moneys deposited by the aviation industry partner and the matching funds appropriated by the General Assembly to the aviation program.

Section 6. Responsibilities of the Aviation Program. After an award is made and a partnership contract is finalized, the aviation program shall:

(1) Submit proof that the entire amount of the aviation equipment grant is invested in accordance with KRS 164.7017(4); and

(2) Meet any reporting requirements established in the partnership contract.

History

RELATES TO: KRS 164.7011, 164.7013, 164.7017
STATUTORY AUTHORITY: KRS 164.7013(8)(a), 164.7017
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.7013(8) requires the Council on Postsecondary Education to promulgate administrative regulations to administer the Kentucky aerospace, aviation, and defense investment fund. KRS 164.7017 requires the council to establish the requirements for partnership proposals between aviation programs and aviation industry partners to provide aviation or aviation equipment grants for a public high school vocational program or public postsecondary education institution to maintain, acquire, or lease aviation or aviation equipment. This administrative regulation establishes requirements for aviation equipment grants.
History: 51 Ky.R. 598, 1253; eff. 2-25-2025.

Title 13 KAR — Council on Postsecondary Education

Chapter 1 Nonpublic Colleges

13 KAR 1:020 Private college licensing {#sec-13-kar-1-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 1:020}

13 KAR 1:050 Licensed out-of-state college's eligibility for Kentucky tuition grant {#sec-13-kar-1-050 omnilex-key=us-ky-regs-official--title-13--13 KAR 1:050}

Chapter 2 Public Educational Institutions

13 KAR 2:020 Guidelines for admission to the state-supported postsecondary education institutions {#sec-13-kar-2-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:020}

13 KAR 2:025 College preparatory education {#sec-13-kar-2-025 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:025}

13 KAR 2:045 Determination of residency status for admission and tuition assessment purposes {#sec-13-kar-2-045 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:045}

13 KAR 2:070 Administrative hearing procedures for determination of residency status {#sec-13-kar-2-070 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:070}

13 KAR 2:080 State Autism Training Center {#sec-13-kar-2-080 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:080}

13 KAR 2:120 Comprehensive funding model for the allocation of state general fund appropriations to public universities {#sec-13-kar-2-120 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:120}

13 KAR 2:130 Comprehensive funding model for the allocation of state general fund appropriations to Kentucky Community and Technical College System institutions {#sec-13-kar-2-130 omnilex-key=us-ky-regs-official--title-13--13 KAR 2:130}

Chapter 3 Adult Education and Literacy

13 KAR 3:010 GED® Testing Program {#sec-13-kar-3-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:010}

13 KAR 3:020 Provision of instruction for individuals sentenced by a court to participate in educational programs {#sec-13-kar-3-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:020}

13 KAR 3:030 Qualifications for progressing satisfactorily through a GED® preparation program {#sec-13-kar-3-030 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:030}

13 KAR 3:040 GED® Incentives Program {#sec-13-kar-3-040 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:040}

13 KAR 3:050 GED® eligibility requirements {#sec-13-kar-3-050 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:050}

13 KAR 3:060 High school equivalency diploma awarded for credit hour completion at Kentucky Community and Technical College System institutions {#sec-13-kar-3-060 omnilex-key=us-ky-regs-official--title-13--13 KAR 3:060}

Chapter 4 Interstate Reciprocity Agreements

13 KAR 4:010 State Authorization Reciprocity Agreement {#sec-13-kar-4-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 4:010}

Chapter 5 Healthcare

13 KAR 5:010 Healthcare training scholarships {#sec-13-kar-5-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 5:010}

13 KAR 5:020 Healthcare program incentives {#sec-13-kar-5-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 5:020}

Chapter 6 Aerospace

13 KAR 6:010 Aviation training scholarships {#sec-13-kar-6-010 omnilex-key=us-ky-regs-official--title-13--13 KAR 6:010}

13 KAR 6:020 Aviation equipment grants {#sec-13-kar-6-020 omnilex-key=us-ky-regs-official--title-13--13 KAR 6:020}

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