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164.020 Powers and duties of council.
The Council on Postsecondary Education in Kentucky shall:
(1) Develop and implement the strategic agenda with the advice and counsel of
the Strategic Committee on Postsecondary Education. The council shall
provide for and direct the planning process and subsequent strategic
implementation plans based on the strategic agenda as provided in KRS
164.0203;
(2) Revise the strategic agenda and strategic implementation plan with the advice
and counsel of the committee as set forth in KRS 164.004;
(3) Develop a system of public accountability related to the strategic agenda by
evaluating the performance and effectiveness of the state's postsecondary
system. The council shall prepare a report in conjunction with the accountability
reporting described in KRS 164.095, which shall be submitted to the
committee, the Governor, and the General Assembly by December 1 annually.
This report shall include a description of contributions by postsecondary
institutions to the quality of elementary and secondary education in the
Commonwealth;
(4) Review, revise, and approve the missions of the state's universities and the
Kentucky Community and Technical College System. The Council on
Postsecondary Education shall have the final authority to determine the
compliance of postsecondary institutions with their academic, service, and
research missions;
(5) Establish and ensure that all postsecondary institutions in Kentucky
cooperatively provide for an integrated system of postsecondary education.
The council shall guard against inappropriate and unnecessary conflict and
duplication by promoting transferability of credits and easy access of
information among institutions;
(6) Engage in analyses and research to determine the overall needs of
postsecondary education and adult education in the Commonwealth;
(7) Develop plans that may be required by federal legislation. The council shall for
all purposes of federal legislation relating to planning be considered the "single
state agency" as that term may be used in federal legislation. When federal
legislation requires additional representation on any "single state agency," the
Council on Postsecondary Education shall establish advisory groups necessary
to satisfy federal legislative or regulatory guidelines;
(8) Determine tuition and approve the minimum qualifications for admission to the
state postsecondary educational system. In defining residency, the council
shall classify a student as having Kentucky residency if the student met the
residency requirements at the beginning of his or her last year in high school
and enters a Kentucky postsecondary education institution within two (2) years
of high school graduation. In determining the tuition for non-Kentucky
residents, the council shall consider the fees required of Kentucky students by
institutions in adjoining states, the resident fees charged by other states, the
total actual per student cost of training in the institutions for which the fees are
being determined, and the ratios of Kentucky students to non-Kentucky
students comprising the enrollments of the respective institutions, and other
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factors the council may in its sole discretion deem pertinent;
Devise, establish, and periodically review and revise policies to be used in
making recommendations to the Governor for consideration in developing
recommendations to the General Assembly for appropriations to the
universities, the Kentucky Community and Technical College System, and to
support strategies for persons to maintain necessary levels of literacy
throughout their lifetimes including but not limited to appropriations to the
Kentucky Adult Education Program. The council has sole discretion, with
advice of the Strategic Committee on Postsecondary Education and the
executive officers of the postsecondary education system, to devise policies
that provide for allocation of funds among the universities and the Kentucky
Community and Technical College System;
Lead and provide staff support for the biennial budget process as provided
under KRS Chapter 48, in cooperation with the committee;
(a) Except as provided in paragraph (b) of this subsection, review and
approve all capital construction projects covered by KRS 45.750(1)(f),
including real property acquisitions, and regardless of the source of
funding for projects or acquisitions. Approval of capital projects and real
property acquisitions shall be on a basis consistent with the strategic
agenda and the mission of the respective universities and the Kentucky
Community and Technical College System.
(b) The organized groups that are establishing community college satellites
as branches of existing community colleges in the counties of Laurel,
Leslie, and Muhlenberg, and that have substantially obtained cash,
pledges, real property, or other commitments to build the satellite at no
cost to the Commonwealth, other than operating costs that shall be paid
as part of the operating budget of the main community college of which
the satellite is a branch, are authorized to begin construction of the
satellite on or after January 1, 1998;
Require reports from the executive officer of each institution it deems
necessary for the effectual performance of its duties;
Ensure that the state postsecondary system does not unnecessarily duplicate
services and programs provided by private postsecondary institutions and shall
promote maximum cooperation between the state postsecondary system and
private postsecondary institutions. Receive and consider an annual report
prepared by the Association of Independent Kentucky Colleges and
Universities stating the condition of independent institutions, listing
opportunities for more collaboration between the state and independent
institutions and other information as appropriate;
Establish course credit, transfer, and degree components as required in KRS
164.2951;
Define and approve the offering of all postsecondary education technical,
associate, baccalaureate, graduate, and professional degree, certificate, or
diploma programs in the public postsecondary education institutions. The
council shall expedite wherever possible the approval of requests from the
Kentucky Community and Technical College System board of regents relating
to new certificate, diploma, technical, or associate degree programs of a
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vocational-technical and occupational nature. Without the consent of the
General Assembly, the council shall not abolish or limit the total enrollment of
the general program offered at any community college to meet the goal of
reasonable access throughout the Commonwealth to a two (2) year course of
general studies designed for transfer to a baccalaureate program. This does
not restrict or limit the authority of the council, as set forth in this section, to
eliminate or make changes in individual programs within that general program;
Eliminate, in its discretion, existing programs or make any changes in existing
academic programs at the state's postsecondary educational institutions, taking
into consideration these criteria:
(a) Consistency with the institutions mission and the strategic agenda;
(b) Alignment with the priorities in the strategic implementation plan for
achieving the strategic agenda;
(c) Elimination of unnecessary duplication of programs within and among
institutions; and
(d) Efforts to create cooperative programs with other institutions through
traditional means, or by use of distance learning technology and
electronic resources, to achieve effective and efficient program delivery;
Ensure the governing board and faculty of all postsecondary education
institutions are committed to providing instruction free of discrimination against
students who hold political views and opinions contrary to those of the
governing board and faculty;
Review proposals and make recommendations to the Governor regarding the
establishment of new public community colleges, technical institutions, and
new four (4) year colleges;
Postpone the approval of any new program at a state postsecondary
educational institution, unless the institution has met its equal educational
opportunity goals, as established by the council. In accordance with
administrative regulations promulgated by the council, those institutions not
meeting the goals shall be able to obtain a temporary waiver, if the institution
has made substantial progress toward meeting its equal educational
opportunity goals;
Ensure the coordination, transferability, and connectivity of technology among
postsecondary institutions in the Commonwealth including the development
and implementation of a technology plan as a component of the strategic
agenda;
Approve the teacher education programs in the public institutions that comply
with standards established by the Education Professional Standards Board
pursuant to KRS 161.028;
Constitute the representative agency of the Commonwealth in all matters of
postsecondary education of a general and statewide nature which are not
otherwise delegated to one (1) or more institutions of postsecondary learning.
The responsibility may be exercised through appropriate contractual
relationships with individuals or agencies located within or without the
Commonwealth. The authority includes but is not limited to contractual
arrangements for programs of research, specialized training, and cultural
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enrichment;
Maintain procedures for the approval of a designated receiver to provide for the
maintenance of student records of the public institutions of higher education
and the colleges as defined in KRS 164.945, and institutions operating
pursuant to KRS 165A.310 which offer collegiate level courses for academic
credit, which cease to operate. Procedures shall include assurances that, upon
proper request, subject to federal and state laws and regulations, copies of
student records shall be made available within a reasonable length of time for a
minimum fee;
Monitor and transmit a report on compliance with KRS 164.351 to the director
of the Legislative Research Commission for distribution to the Health and
Welfare Committee;
Develop in cooperation with each state postsecondary educational institution a
comprehensive orientation program for new members of the council and the
governing boards. The orientation program shall include but not be limited to
the information concerning the roles of the council, the strategic agenda and
the strategic implementation plan, and the respective institution's mission,
budget, plans, policies, strengths, and weaknesses;
Develop a financial reporting procedure to be used by all state postsecondary
education institutions to ensure uniformity of financial information available to
state agencies and the public;
Select and appoint a president of the council under KRS 164.013;
Employ consultants and other persons and employees as may be required for
the councils operations, functions, and responsibilities;
Promulgate administrative regulations, in accordance with KRS Chapter 13A,
governing its powers, duties, and responsibilities as described in this section;
Prepare and present by January 31 of each year an annual status report on
postsecondary education in the Commonwealth to the Governor, the Strategic
Committee on Postsecondary Education, and the Legislative Research
Commission;
Consider the role, function, and capacity of independent institutions of
postsecondary education in developing policies to meet the immediate and
future needs of the state. When it is found that independent institutions can
meet state needs effectively, state resources may be used to contract with or
otherwise assist independent institutions in meeting these needs;
Create advisory groups representing the presidents, faculty, nonteaching staff,
and students of the public postsecondary education system and the
independent colleges and universities;
Develop a statewide policy to promote employee and faculty development in all
postsecondary institutions and in state and locally operated secondary area
technology centers through the waiver of tuition for college credit coursework in
the public postsecondary education system. Any regular full-time employee of
a postsecondary public institution or a state or locally operated secondary area
technology center may, with prior administrative approval of the course offering
institution, take a maximum of six (6) credit hours per term at any public
postsecondary institution. The institution shall waive the tuition up to a
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maximum of six (6) credit hours per term;
Establish a statewide mission for adult education and develop a twenty (20)
year strategy, in partnership with the Kentucky Adult Education Program, under
the provisions of KRS 164.0203 for raising the knowledge and skills of the
state's adult population. The council shall:
(a) Promote coordination of programs and responsibilities linked to the issue
of adult education with the Kentucky Adult Education Program and with
other agencies and institutions;
(b) Facilitate the development of strategies to increase the knowledge and
skills of adults in all counties by promoting the efficient and effective
coordination of all available education and training resources;
(c) Lead a statewide public information and marketing campaign to convey
the critical nature of Kentucky's adult literacy challenge and to reach
adults and employers with practical information about available education
and training opportunities;
(d) Establish standards for adult literacy and monitor progress in achieving
the state's adult literacy goals, including existing standards that may have
been developed to meet requirements of federal law in conjunction with
the Collaborative Center for Literacy Development: Early Childhood
through Adulthood; and
(e) Administer the adult education and literacy initiative fund created under
KRS 164.041;
Participate with the Kentucky Department of Education, the Kentucky Board of
Education, and postsecondary education institutions to ensure that academic
content requirements for successful entry into postsecondary education
programs are aligned with high school content standards and that students
who master the high school academic content standards shall not need
remedial courses. The council shall monitor the results on an ongoing basis;
Cooperate with the Kentucky Department of Education and the Education
Professional Standards Board in providing information sessions to selected
postsecondary education content faculty and teacher educators of the high
school academic content standards as required under KRS 158.6453(2)(j); and
Exercise any other powers, duties, and responsibilities necessary to carry out
the purposes of this chapter. Nothing in this chapter shall be construed to grant
the Council on Postsecondary Education authority to disestablish or eliminate
any college of law which became a part of the state system of higher education
through merger with a state college.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 108, sec. 2, effective July 15, 2010. -Amended 2009 Ky. Acts ch. 101, sec. 13, effective March 25, 2009. -- Amended
2006 Ky. Acts ch. 211, sec. 101, effective July 12, 2006. -- Amended 2004 Ky.
Acts ch. 42, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 37,
sec. 3, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 192, sec. 1,
effective July 14, 2000; and ch. 526, secs. 3 and 27, effective July 14, 2000. -Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 74, effective May 30,
1997. -- Amended 1996 Ky. Acts ch. 184, sec. 1, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 31, sec. 6, effective July 15, 1994.
Amended
1992 Ky. Acts ch. 10, sec. 2, effective February 20, 1992; and ch. 315, sec. 1,
effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 443, sec. 39, effective
July 13, 1990. -- Amended 1982 Ky. Acts ch. 379, sec. 4, effective April 9, 1982.
-- Amended 1980 Ky. Acts ch. 71, sec. 1, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 155, secs. 41, 106, effective June 17, 1978; and ch. 295,
sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. II,
sec. 9(2). -- Amended 1972 Ky. Acts ch. 39, sec. 2. -- Amended 1968 Ky. Acts
ch. 152, sec. 118. -- Amended 1966 Ky. Acts ch. 6, sec. 2. -- Amended 1956 Ky.
Acts ch. 163, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 4527-1, 4527-3.
Legislative Research Commission Note (3/25/2009) The Reviser of Statutes has
altered the numbering of subsections (35), (36), and (37) of this statute from the
way it appeared in 2009 Ky. Acts ch. 101, sec. 13, under the authority of KRS
7.136(1)(c).
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