KRS § 164.020 — KY Code / Title XIII / Chapter 164 / Section 164.020
164.020 Powers and duties of council
Status: in_force

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) (a) 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

factors the council may in its sole discretion deem pertinent, except that the

Kentucky Community and Technical College System may assess a mandatory

student fee not to exceed eight dollars ($8) per credit hour to be used

exclusively for debt service on amounts not to exceed seventy-five percent

(75%) of the total projects cost of the Kentucky Community and Technical

College System agency bond projects included in 2014 Ky. Acts ch. 117, Part

II, J., 11.

(b) The Kentucky Community and Technical College System mandatory fee

established in this subsection shall only be used for debt service on agency

bond projects.

(c) Any fee established as provided by this subsection shall cease to be assessed

upon the retirement of the project bonds for which it services debt.

(d) Prior to the issuance of any bonds, the Kentucky Community and Technical

College System shall certify in writing to the secretary of the Finance and

Administration Cabinet that sufficient funds have been raised to meet the

local match equivalent to twenty-five percent (25%) of the total project cost;

(9) 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. 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;

(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

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;

(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 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;

(14) Establish course credit, transfer, and degree components as required in KRS

164.2951;

(15) (a) 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 not approve a new degree, certificate, or diploma program that

includes a requirement for a course or training of which the primary purpose

is to indoctrinate participants with a discriminatory concept.

(b) 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 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;

(16) 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 institution's 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;

(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; and

(e) Alignment with KRS 164.2895, including the elimination of any program that

includes a requirement for a course or training of which the primary purpose

is to indoctrinate participants with a discriminatory concept;

(17) 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;

(18) Review proposals and make recommendations to the Governor regarding the

establishment of new public community colleges, technical institutions, and new

four (4) year colleges;

(19) 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;

(20) 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;

(21) 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 enrichment;

(22) 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;

(23) Monitor and transmit a report on compliance with KRS 164.351 to the director of

the Legislative Research Commission for distribution to the Interim Joint

Committee on Families and Children;

(24) (a) Develop in cooperation with each public university and the Kentucky

Community and Technical College System a comprehensive orientation and

education program for new members of the council and the governing boards

and continuing education opportunities for all council and board members.

For new members of the council and institutional governing boards, the

council shall:

1. Ensure that the orientation and education program comprises six (6)

hours of instruction time and includes but is not limited to information

concerning the roles of the council and governing board members, the

strategic agenda and the strategic implementation plan, and the

respective institution's mission, budget and finances, strategic plans and

priorities, institutional policies and procedures, board fiduciary

responsibilities, legal considerations including open records and open

meetings requirements, ethical considerations arising from board

membership, and the board member removal and replacement

provisions of KRS 63.080;

2. Establish delivery methods by which the orientation and education

program can be completed in person or electronically by new members

within one (1) year of their appointment or election;

3. Provide an annual report to the Governor and Legislative Research

Commission of those new board members who do not complete the

required orientation and education program; and

4. Invite governing board members of private colleges and universities

licensed by the Council on Postsecondary Education to participate in the

orientation and education program described in this subsection;

(b) Offer, in cooperation with the public universities and the Kentucky

Community and Technical College System, continuing education

opportunities for all council and governing board members; and

(c) Review and approve the orientation programs of each public university and

the Kentucky Community and Technical College System for their governing

board members to ensure that all programs and information adhere to this

subsection;

(25) 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;

(26) Select and appoint a president of the council under KRS 164.013;

(27) Employ consultants and other persons and employees as may be required for the

council's operations, functions, and responsibilities;

(28) Promulgate administrative regulations, in accordance with KRS Chapter 13A,

governing its powers, duties, and responsibilities as described in this section;

(29) 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;

(30) 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;

(31) Create advisory groups representing the presidents, faculty, nonteaching staff, and

students of the public postsecondary education system and the independent colleges

and universities;

(32) Develop a statewide policy to promote employee and faculty development 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 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 maximum

of six (6) credit hours per term. The employee shall complete the Free Application

for Federal Student Aid to determine the level of need and eligibility for state and

federal financial aid programs. The amount of tuition waived shall not exceed the

cost of tuition at the institution less any state or federal grants received, which shall

be credited first to the student's tuition;

(33) 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;

(34) 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)(l);

(35) Cooperate with the Office of the Kentucky Center for Statistics and ensure the

participation of the public institutions as required in KRS 151B.133;

(36) Pursuant to KRS 63.080, review written notices from the Governor or from a board

of trustees or board of regents concerning removal of a board member or the entire

appointed membership of a board, investigate the member or board and the conduct

alleged to support removal, and make written recommendations to the Governor

and the Legislative Research Commission as to whether the member or board

should be removed; 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

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.