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164.020 Powers and duties of council.
The Council on Postsecondary Education in Kentucky shall: <br>(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 <br>direct the planning process and subsequent strategic implementation plans based on <br>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. <br>The council shall prepare a report in conjunction with the accountability reporting <br>described in KRS 164.095, which shall be submitted to the committee, the <br>Governor, and the General Assembly by December 1 annually. This report shall <br>include a description of contributions by postsecondary institutions to the quality of <br>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 <br>Postsecondary Education shall have the final authority to determine the compliance <br>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 <br>guard against inappropriate and unnecessary conflict and duplication by promoting <br>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 <br>agency" as that term may be used in federal legislation. When federal legislation <br>requires additional representation on any "single state agency," the Council on <br>Postsecondary Education shall establish advisory groups necessary to satisfy federal <br>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 <br>classify a student as having Kentucky residency if the student met the residency <br>requirements at the beginning of his or her last year in high school and enters a <br>Kentucky postsecondary education institution within two (2) years of high school <br>graduation. In determining the tuition for non-Kentucky residents, the council shall <br>consider the fees required of Kentucky students by institutions in adjoining states, <br>the resident fees charged by other states, the total actual per student cost of training <br>in the institutions for which the fees are being determined, and the ratios of <br>Kentucky students to non-Kentucky students comprising the enrollments of the <br>respective institutions, and other factors the council may in its sole discretion deem <br>pertinent;
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(9) Devise, establish, and periodically review and revise policies to be used in making
recommendations to the Governor for consideration in developing <br>recommendations to the General Assembly for appropriations to the universities, <br>the Kentucky Community and Technical College System, and to support strategies <br>for persons to maintain necessary levels of literacy throughout their lifetimes <br>including but not limited to appropriations to the Kentucky Adult Education <br>Program. The council has sole discretion, with advice of the Strategic Committee on <br>Postsecondary Education and the executive officers of the postsecondary education <br>system, to devise policies that provide for allocation of funds among the universities <br>and the Kentucky Community and Technical College System;
(10) Lead and provide staff support for the biennial budget process as provided under
KRS Chapter 48, in cooperation with the committee;
(11) (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 <br>property acquisitions, and regardless of the source of funding for projects or <br>acquisitions. Approval of capital projects and real property acquisitions shall <br>be on a basis consistent with the strategic agenda and the mission of the <br>respective universities and the Kentucky Community and Technical College <br>System.
(b) The organized groups that are establishing community college satellites as
branches of existing community colleges in the counties of Laurel, Leslie, and <br>Muhlenberg, and that have substantially obtained cash, pledges, real property, <br>or other commitments to build the satellite at no cost to the Commonwealth, <br>other than operating costs that shall be paid as part of the operating budget of <br>the main community college of which the satellite is a branch, are authorized <br>to begin construction of the satellite on or after January 1, 1998;
(12) Require reports from the executive officer of each institution it deems necessary for
the effectual performance of its duties;
(13) Ensure that the state postsecondary system does not unnecessarily duplicate services
and programs provided by private postsecondary institutions and shall promote <br>maximum cooperation between the state postsecondary system and private <br>postsecondary institutions. Receive and consider an annual report prepared by the <br>Association of Independent Kentucky Colleges and Universities stating the <br>condition of independent institutions, listing opportunities for more collaboration <br>between the state and independent institutions and other information as appropriate;
(14) Establish course credit, transfer, and degree components as required in KRS
164.2951;
(15) Define and approve the offering of all postsecondary education technical, associate,
baccalaureate, graduate, and professional degree, certificate, or diploma programs in <br>the public postsecondary education institutions. The council shall expedite wherever <br>possible the approval of requests from the Kentucky Community and Technical <br>College System board of regents relating to new certificate, diploma, technical, or <br>associate degree programs of a vocational-technical and occupational nature. <br>Without the consent of the General Assembly, the council shall not abolish or limit
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the total enrollment of the general program offered at any community college to <br>meet the goal of reasonable access throughout the Commonwealth to a two (2) year <br>course of general studies designed for transfer to a baccalaureate program. This <br>does not restrict or limit the authority of the council, as set forth in this section, to <br>eliminate or make changes in individual programs within that general program;
(16) Eliminate, in its discretion, existing programs or make any changes in existing
academic programs at the state's postsecondary educational institutions, taking into <br>consideration these criteria: <br>(a) Consistency with the institution's mission and the strategic agenda; <br>(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 <br>resources, to achieve effective and efficient program delivery;
(17) Ensure the governing board and faculty of all postsecondary education institutions
are committed to providing instruction free of discrimination against students who <br>hold political views and opinions contrary to those of the governing board and <br>faculty;
(18) Review proposals and make recommendations to the Governor regarding the
establishment of new public community colleges, technical institutions, and new <br>four (4) year colleges;
(19) Postpone the approval of any new program at a state postsecondary educational
institution, unless the institution has met its equal educational opportunity goals, as <br>established by the council. In accordance with administrative regulations <br>promulgated by the council, those institutions not meeting the goals shall be able to <br>obtain a temporary waiver, if the institution has made substantial progress toward <br>meeting its equal educational opportunity goals;
(20) Ensure the coordination, transferability, and connectivity of technology among
postsecondary institutions in the Commonwealth including the development and <br>implementation of a technology plan as a component of the strategic agenda;
(21) Approve the teacher education programs in the public institutions that comply with
standards established by the Education Professional Standards Board pursuant to <br>KRS 161.028;
(22) Constitute the representative agency of the Commonwealth in all matters of
postsecondary education of a general and statewide nature which are not otherwise <br>delegated to one (1) or more institutions of postsecondary learning. The <br>responsibility may be exercised through appropriate contractual relationships with <br>individuals or agencies located within or without the Commonwealth. The authority <br>includes but is not limited to contractual arrangements for programs of research, <br>specialized training, and cultural enrichment;
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(23) 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 <br>colleges as defined in KRS 164.945, and institutions operating pursuant to KRS <br>165A.310 which offer collegiate level courses for academic credit, which cease to <br>operate. Procedures shall include assurances that, upon proper request, subject to <br>federal and state laws and regulations, copies of student records shall be made <br>available within a reasonable length of time for a minimum fee;
(24) 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 <br>Committee;
(25) Develop in cooperation with each state postsecondary educational institution a
comprehensive orientation program for new members of the council and the <br>governing boards. The orientation program shall include but not be limited to the <br>information concerning the roles of the council, the strategic agenda and the <br>strategic implementation plan, and the respective institution's mission, budget, <br>plans, policies, strengths, and weaknesses;
(26) Develop a financial reporting procedure to be used by all state postsecondary
education institutions to ensure uniformity of financial information available to state <br>agencies and the public;
(27) Select and appoint a president of the council under KRS 164.013; <br>(28) Employ consultants and other persons and employees as may be required for the
council's operations, functions, and responsibilities;
(29) Promulgate administrative regulations, in accordance with KRS Chapter 13A,
governing its powers, duties, and responsibilities as described in this section;
(30) Prepare and present by January 31 of each year an annual status report on
postsecondary education in the Commonwealth to the Governor, the Strategic <br>Committee on Postsecondary Education, and the Legislative Research Commission;
(31) Consider the role, function, and capacity of independent institutions of
postsecondary education in developing policies to meet the immediate and future <br>needs of the state. When it is found that independent institutions can meet state <br>needs effectively, state resources may be used to contract with or otherwise assist <br>independent institutions in meeting these needs;
(32) Create advisory groups representing the presidents, faculty, nonteaching staff, and
students of the public postsecondary education system and the independent colleges <br>and universities;
(33) Develop a statewide policy to promote employee and faculty development in all
postsecondary institutions and in state and locally operated secondary area <br>technology centers through the waiver of tuition for college credit coursework in the <br>public postsecondary education system. Any regular full-time employee of a <br>postsecondary public institution or a state or locally operated secondary area <br>technology center may, with prior administrative approval of the course offering <br>institution, take a maximum of six (6) credit hours per term at any public
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postsecondary institution. The institution shall waive the tuition up to a maximum <br>of six (6) credit hours per term;
(34) Establish a statewide mission for adult education and develop a twenty (20) year
strategy, in partnership with the Kentucky Adult Education Program, under the <br>provisions of KRS 164.0203 for raising the knowledge and skills of the state's adult <br>population. The council shall: <br>(a) Promote coordination of programs and responsibilities linked to the issue of
adult education with the Kentucky Adult Education Program and with other <br>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 <br>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 <br>employers with practical information about available education and training <br>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 <br>developed to meet requirements of federal law in conjunction with the <br>Collaborative Center for Literacy Development: Early Childhood through <br>Adulthood; and
(e) Administer the adult education and literacy initiative fund created under KRS
164.041;
(35) Participate with the Kentucky Department of Education, the Kentucky Board of
Education, and postsecondary education institutions to ensure that academic content <br>requirements for successful entry into postsecondary education programs are <br>aligned with high school content standards and that students who master the high <br>school academic content standards shall not need remedial courses. The council <br>shall monitor the results on an ongoing basis;
(36) Cooperate with the Kentucky Department of Education and the Education
Professional Standards Board in providing information sessions to selected <br>postsecondary education content faculty and teacher educators of the high school <br>academic content standards as required under KRS 158.6453(2)(j); and
(37) 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 <br>Council on Postsecondary Education authority to disestablish or eliminate any <br>college of law which became a part of the state system of higher education through <br>merger with a state college.
Effective: July 15, 2010 <br>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 <br>ch. 211, sec. 101, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 42, sec. 1, <br>effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 37, sec. 3, effective July 15, <br>2002. -- Amended 2000 Ky. Acts ch. 192, sec. 1, effective July 14, 2000; and
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ch. 526, secs. 3 and 27, effective July 14, 2000. -- Amended 1997 (1st Extra. Sess.) <br>Ky. Acts ch. 1, sec. 74, effective May 30, 1997. -- Amended 1996 Ky. Acts ch. 184, <br>sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 31, sec. 6, effective <br>July 15, 1994. Amended 1992 Ky. Acts ch. 10, sec. 2, effective February 20, 1992; <br>and ch. 315, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 443, <br>sec. 39, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 379, sec. 4, effective <br>April 9, 1982. -- Amended 1980 Ky. Acts ch. 71, sec. 1, effective July 15, 1980. -- <br>Amended 1978 Ky. Acts ch. 155, secs. 41, 106, effective June 17, 1978; and ch. 295, <br>sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(2). -<br>- Amended 1972 Ky. Acts ch. 39, sec. 2. -- Amended 1968 Ky. Acts ch. 152, <br>sec. 118. -- Amended 1966 Ky. Acts ch. 6, sec. 2. -- Amended 1956 Ky. Acts <br>ch. 163, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, <br>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 <br>appeared in 2009 Ky. Acts ch. 101, sec. 13, under the authority of KRS 7.136(1)(c).
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