reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,139f Same; transfer of appropriations; liability for compensation and salaries of officers and employees.

74-32,139f.
Same; transfer of appropriations; liability for compensation and salaries of officers and employees.
(a) On July 1, 1999, the balance of all funds appropriated and reappropriated to the abolished state board of regents is hereby transferred to the state board of regents established by K.S.A. 74-3202a, and amendments thereto, and shall be used only for the purpose for which the appropriation was originally made.
(b) On July 1, 1999, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the abolished state board of regents shall be assumed and paid by the state board of regents established by K.S.A. 74-3202a, and amendments thereto.
History:
L. 1999, ch. 147, § 19; May 20.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,142 Proprietary schools; regulation of operations; powers, duties and functions of owners, officers, directors, agents and representatives preserved.

74-32,142.
Proprietary schools; regulation of operations; powers, duties and functions of owners, officers, directors, agents and representatives preserved.
(a) On July 1, 1999, the proprietary schools shall be and hereby are transferred from regulation by the state board of education to regulation by the state board of regents. The state board of regents shall exercise such regulatory authority over the operation of proprietary schools as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to regulation of proprietary school operations shall be and are hereby transferred to and conferred and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to regulation of proprietary school operations in which the same were vested prior to the effective date of this act. Every act performed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to regulation of proprietary school operations, such reference or designation shall be deemed to apply to the state board of regents.
(e) All rules and regulations, and all policies, orders and directives of the state board of education relating to proprietary school operations which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or policies, orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law.
(f) The unexpended balance of any appropriation for and any funds available to the state board of education for purposes relating to regulation of proprietary school operations shall be transferred to the state board of regents on July 1, 1999.
(g) Except as otherwise specifically provided in this act, the transfer of regulation of the proprietary schools from the state board of education to regulation by the state board of regents shall not be construed in any manner so as to change or affect the operation of any proprietary school or to change or affect any existing power, duty or function of any owner, officer, director, agent or representative of a proprietary school.
History:
L. 1999, ch. 147, § 22; May 20.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,144 Transition period.

74-32,144.
Transition period.
During the period of transition from general supervision by the state board of education of the community colleges, technical colleges, area vocational schools and area vocational-technical schools to supervision and coordination thereof by the state board of regents, from jurisdiction of the abolished state board of regents over the public universities to jurisdiction of the state board of regents established by K.S.A. 74-3202a, and amendments thereto, and from regulation by the state board of education of private and out-of-state postsecondary educational institutions to regulation thereof by the state board of regents, the state board of education and the abolished state board of regents shall provide such assistance as the state board of regents established by K.S.A. 74-3202a, and amendments thereto, may request in order to enable such state board of regents to assume in an orderly manner the exercise of powers and the performance of duties and functions transferred under authority of this act. During such period of transition, the state board of regents established by K.S.A. 74-3202a, and amendments thereto, may exercise such powers and perform such duties and functions relating to the control or supervision of postsecondary educational institutions as may be authorized by interagency agreements entered into with the abolished state board of regents or with the state board of education.
History:
L. 1999, ch. 147, § 24; L. 2006, ch. 66, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,145 Kansas national guard educational assistance act; citation and purpose.

74-32,145.
Kansas national guard educational assistance act; citation and purpose.
K.S.A. 74-32,145 through 74-32,149 shall be known and may be cited as the Kansas national guard educational assistance act. It is the purpose of the Kansas national guard educational assistance act to establish an educational assistance program under which payment of the tuition and fees charged eligible members of the Kansas national guard for enrollment at Kansas educational institutions shall be provided for by the state.
History:
L. 1996, ch. 261, § 1; May 30.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,146 Same; definitions.

74-32,146. Same; definitions.
As used in the Kansas national guard educational assistance act:
(a) "Kansas educational institution" means and includes community colleges, the municipal university, state educational institutions, technical colleges, the institute of technology at Washburn university and accredited independent institutions.
(b) "Eligible guard member" means any current member of the Kansas national guard who is enrolled at a Kansas educational institution and who is not under a suspension of favorable action flag or currently on the unit unfavorable information file. The term eligible guard member does not include within its meaning any member of the Kansas national guard who is the holder of a baccalaureate or higher academic degree, or who does not hold a high school diploma or general educational development (GED) credentials.
(c) "Kansas national guard educational assistance program" or "program" means the program established pursuant to the provisions of the Kansas national guard educational assistance act.
(d) "Educational program" means a program which is offered and maintained by a Kansas educational institution and leads to the award of a certificate, diploma or degree upon satisfactory completion of course work requirements.
History:
L. 1996, ch. 261, § 2; L. 2002, ch. 118, § 1; L. 2006, ch. 125, § 1; L. 2011, ch. 97, § 41; L. 2018, ch. 36, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,147 Same; administration; rules and regulations; duties of board of regents and adjutant general.

74-32,147.
Same; administration; rules and regulations; duties of board of regents and adjutant general.
The state board of regents shall adopt rules and regulations for administration of the Kansas national guard educational assistance act and shall:
(a) Establish a mechanism to ensure distribution of funds for tuition and fee reimbursement to Kansas educational institutions;
(b) enter into a cooperative relationship with the adjutant general to ensure efficient operation of the program;
(c) develop and effectuate a system of accountability for all disbursements under the program and provide written reports as prescribed; and
(d) coordinate with the adjutant general a procedure to ensure initial and on-going eligibility of all guard members who are program participants.
History:
L. 1996, ch. 261, § 3; L. 2002, ch. 118, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,148 Same; entitlement to assistance; amount; duration; limitations.

74-32,148. Same; entitlement to assistance; amount; duration; limitations.
(a) Subject to the availability of appropriations for the Kansas national guard educational assistance program and within the limits of any such appropriations, every eligible guard member who is enrolled at a Kansas educational institution and who is participating in the program shall receive assistance each semester in an amount equal to the tuition and required fees for not more than 15 credit hours. The aggregate number of credit hours for which assistance may be provided under the program shall not exceed 150% of the total credit hours required for the eligible guard member to complete such member's educational program.
(b) Notwithstanding the provisions of subsection (a), eligible guard members shall not be paid the amount of tuition and required fees charged for any course repeated or taken in excess of the requirements for completion of the educational program in which the eligible guard member is enrolled. The amount of tuition and required fees paid an eligible guard member pursuant to subsection (a) shall be at a rate not to exceed the maximum rate that would be charged by a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, for enrollment of the eligible guard member.
(c) Amounts of assistance for which an eligible guard member is eligible to receive under this act shall be offset by the aggregate amount of federal financial assistance received by such guard member, as a result of active national guard membership, to pay costs of tuition and fees for enrollment at Kansas educational institutions.
History:
L. 1996, ch. 261, § 4; L. 2002, ch. 118, § 3; L. 2018, ch. 36, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,150 Same; repayment fund.

74-32,150.
Same; repayment fund.
There is hereby created in the state treasury the Kansas national guard educational assistance program repayment fund. The state board of regents shall remit all moneys received under K.S.A. 74-32,149, and amendments thereto, to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the Kansas national guard educational assistance program repayment fund. All expenditures from the Kansas national guard educational assistance program repayment fund shall be for payments of assistance under the Kansas national guard educational assistance act, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or a person designated by the executive officer.
History:
L. 2002, ch. 118, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,152 Workforce development loan conditions and requirements; agreement of parties; repayment, completion of degree, certificate or diploma.

74-32,152.
Workforce development loan conditions and requirements; agreement of parties; repayment, completion of degree, certificate or diploma.
(a) The applicant for a workforce development loan shall provide to the board of regents on forms provided by such board all information requested by such board.
(b) As a condition to awarding such loan, the state board of regents and the recipient of such loan shall enter into an agreement which shall require the person receiving the loan to:
(1) Complete the required course of instruction and receive the designated degree, certificate or diploma for that course of instruction;
(2) continue to live and work in Kansas, after the recipient's course of instruction is completed, in a field of work for which the recipient was trained using the skills attained under the course of instruction for which a loan was received, until the loan is totally forgiven. Agree that for each year of living and working in Kansas, 1/4 of the total loan amount's principal and interest that accrued during the prior year shall be forgiven for the first three years and upon completion of the fourth year, the remaining balance of principal and interest of the loan shall be forgiven;
(3) agree that the service commitment for each agreement entered into under this section is in addition to the service commitment contained in any other agreement which has been or may be entered into under this section for the purpose of obtaining a loan;
(4) maintain records and make annual reports to the chief executive officer of the board of regents or such executive officer's designee as required to document the satisfaction of the agreement terms of the loan; and
(5) repay any amounts required upon the recipient's failure to complete the terms of the agreement.
(c) Such agreement shall establish a repayment schedule requiring the recipient to begin making payments one year after the discontinuance of the recipient's enrollment in a postsecondary educational institution, either by failure to attend, completion of the program or at such other times as the board deems appropriate.
History:
L. 2002, ch. 127, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,153 Completion of program of study; forgiveness of workforce development loan; interest rates.

74-32,153.
Completion of program of study; forgiveness of workforce development loan; interest rates.
(a) Upon completion of the recipient's program of study, the recipient shall be eligible for forgiveness of the loan by living and working in Kansas.
(b) By annually providing to the board of regents the required documentation certifying that the recipient worked and lived in Kansas throughout the prior year. Such documentation shall be provided to the board of regents within 30 days of the annual due date calculated from the completion of the course of study.
(c) If the required documentation certifying that the recipient lived and worked in Kansas is not received in the prescribed time by the board, the remaining loan amount shall be due and payable as prescribed under K.S.A. 74-32,154 and amendments thereto.
(d) Interest rates on the loan shall be determined by the state treasurer according to the interest rate received on the state idle funds plus 3%.
History:
L. 2002, ch. 127, § 3; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,154 Failure to satisfy obligation; repayment obligation terms and interest; delinquent payments.

74-32,154.
Failure to satisfy obligation; repayment obligation terms and interest; delinquent payments.
(a) Except as otherwise provided in K.S.A. 74-32,155, and amendments thereto, upon the failure of any person to satisfy an obligation incurred under the loan agreement as provided in K.S.A. 74-32,152, and amendments thereto, such person shall repay to the state treasurer an amount equal to the total of (1) the amount of money received by such person pursuant to such agreement, plus (2) accrued interest, calculated at the interest rate on the state idle funds plus 3%, from the date such money was received.
(b) Each person required to repay any amount under this section shall repay an amount totaling the entire amount to be repaid under all such agreements for which obligations are not satisfied, including all amounts of interest at the rate prescribed in subsection (a). Except as otherwise provided in this section, such repayment shall be made in installment payments determined by the state board of regents as provided in subsection (c) of the K.S.A. 74-32,152, and amendments thereto.
(c) All installment payments under this section shall commence six months after the date of the action or circumstance that causes the failure of the person to satisfy the obligations of such agreements, as determined by the state board of regents based upon the circumstances of each individual case. If an installment payment becomes 91 days overdue, the entire amount outstanding shall become immediately due and payable, including all amounts of interest at the rate prescribed.
(d) The total repayment obligation imposed under all agreements entered into as provided in K.S.A. 74-32,152, and amendments thereto, may be satisfied at any time prior to graduation by making a single lump-sum payment equal to the total of (1) the entire amount to be repaid under all such agreements upon failure to satisfy the obligations under such agreements to practice in Kansas, plus (2) all amounts of interest accrued thereon at the rate prescribed in subsection (a).
(e) The state board of regents is authorized to turn any delinquent repayment account arising under the workforce development loan program to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed under this section.
History:
L. 2002, ch. 127, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,155 Workforce development loan fund; deposits and expenditures.

74-32,155.
Workforce development loan fund; deposits and expenditures.
(a) There is hereby established in the state treasury the workforce development loan fund. The state board of regents shall remit all moneys received under this act to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the workforce development loan fund.
(b) The state treasurer, upon receipt of moneys from persons making payments under K.S.A. 74-32,152, 74-32,153 and 74-32,154, and amendments thereto, shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the workforce development loan fund. Moneys from the fund may be used to administer the workforce development loan program as authorized by appropriations acts.
(c) All expenditures from the workforce development loan fund shall be made for the purposes of this act and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or such executive officer's designee.
History:
L. 2002, ch. 127, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,156 State treasurer's duties; rules and regulations.

74-32,156.
State treasurer's duties; rules and regulations.
(a) The state treasurer shall be the receiving agent for loan payments and credits received under the provisions of this act. The state treasurer shall keep a record of payments received from each person and credited to such person's account obligation.
(b) The state treasurer shall send all accounts which are three or more months delinquent to the executive officer of the state board of regents.
(c) The state treasurer shall adopt rules and regulations to administer the state treasurer's duties under the provisions of this act.
History:
L. 2002, ch. 127, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,157 Postponement of payments due; circumstances causing; documentation, satisfaction of loan terms.

74-32,157.
Postponement of payments due; circumstances causing; documentation, satisfaction of loan terms.
(a) Except as otherwise specified in the agreement, an obligation under any agreement entered into under the workforce development loan program shall be postponed: (1) During any required period of active military service; (2) during any period of temporary medical disability during which the person obligated is unable to work; (3) during any period of time the person is on job-protected leave under the federal family and medical leave act of 1993; or (4) during any period of time the state board of regents determines that the person obligated is unable to work because of special circumstances. Under clause (1), an obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall not be postponed more than five years from the time the person's obligation to work and live in Kansas was to commence under any such agreement. An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be postponed under clause (2) during the period of time the medical disability exists. An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be postponed under clause (3) during the period of time the person obligated remains on family and medical leave act leave. An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be postponed under clause (4) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to work and live in Kansas and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be satisfied: (1) If the obligation to work and live in Kansas has been completed in accordance with the agreement; (2) if the person obligated dies; and (3) if, because of permanent physical disability, the person obligated is unable to work and live in Kansas.
History:
L. 2002, ch. 127, § 7; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,158 Effect of subsequent compliance to terms of the agreement terms; effect of noncompliance after period of compliance.

74-32,158.
Effect of subsequent compliance to terms of the agreement terms; effect of noncompliance after period of compliance.
If a person fails to satisfy an obligation to work and live in Kansas for the required period of time under an agreement entered into as provided in K.S.A. 74-32,152, and amendments thereto, because such person is working in or working and living in a state other than Kansas, and if such person is subject to or currently making repayments under such agreement, and if such person subsequently commences working and living in this state in compliance with the agreement, the balance of the repayment amount, including the interest thereon, from the time of commencement of working and living in Kansas until the obligation of such person is satisfied or until such time as such person again becomes subject to repayments, shall be waived. All repayment amounts due prior to commencement of working and living in this state again, including interest thereon, shall continue to be payable as provided under the agreement. If subsequent to commencement of working and living in this state, the person fails to satisfy the obligation to work and live in this state for the period of time specified in the agreement, the person again shall be subject to repayments, including interest thereon, as provided in the agreement.
History:
L. 2002, ch. 127, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,159 Rules and regulations.

74-32,159.
Rules and regulations.
The state board of regents shall adopt rules and regulations for administration of the workforce development loan program and shall establish terms, conditions and obligations which shall be incorporated into the provisions of any agreement under this act.
History:
L. 2002, ch. 127, § 9; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,162 Title and citation of act.

74-32,162. Title and citation of act.
K.S.A. 74-32,163 through 74-32,184, and amendments thereto, and K.S.A. 2023 Supp. 74-32,164a, 74-32,170a, 74-32,170b and 74-32,178a, and amendments thereto, shall be known and may be cited as the Kansas private and out-of-state postsecondary educational institution act.
History:
L. 2004, ch. 185, § 2; L. 2010, ch. 150, § 1; L. 2021, ch. 17, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,164a Institutions exempt from act; voluntary application for certificate of approval, when; state board jurisdiction.

74-32,164a. Institutions exempt from act; voluntary application for certificate of approval, when; state board jurisdiction.
(a) Any institution that is exempt from the private and out-of-state postsecondary educational institution act pursuant to K.S.A. 74-32,164(e), and amendments thereto, may apply to the state board for a certificate of approval under the provisions of such act if the institution is required to obtain a certificate of approval from the state board in order to demonstrate it is legally authorized to provide an educational program under 34 C.F.R. § 600.9, as in effect on July 1, 2021, for participation in programs authorized by the higher education act of 1965.
(b) Any institution issued a certificate of approval by the state board under this section shall be subject to the jurisdiction of the state board and the private and out-of-state postsecondary educational institution act.
(c) Any institution issued a certificate of approval under this section may return to exempt status under the private and out-of-state postsecondary educational institution act by not applying to renew the certificate of approval. Any institution that returns to exempt status, shall not be relieved of any liability for indemnification or any penalty for noncompliance with certification standards during the period of the institution's approved status.
History:
L. 2021, ch. 17, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,165 Rules and regulations; institutions qualified to award academic degrees, standards and progress; information from state agencies.

74-32,165. Rules and regulations; institutions qualified to award academic degrees, standards and progress; information from state agencies.
(a) (1) The state board may adopt rules and regulations for the administration of this act.
(2) The state board shall adopt rules and regulations that impose requirements on any postsecondary institution that is closing. Such rules and regulations may include, but not be limited to, notice requirements, teach-out plans, maintenance of academic records, refund requirements and transcript requests.
(b) (1) Specific standards shall be set for determining those institutions that qualify for approval to confer or award academic degrees. Such standards shall be consistent with standards applicable to state educational institutions under the control and supervision of the state board.
(2) Each degree-granting institution shall make progress toward institutional accredited status with an accrediting agency for higher education recognized by the United States department of education. Once institutional accredited status is achieved by an institution, such degree-granting institution shall maintain accredited status. The provisions of this paragraph shall not apply to any private postsecondary educational institution that was awarded degree-granting authority prior to July 1, 2004, and maintains such authority on July 1, 2021.
(3) Additional standards may be set for those institutions that receive federal title IV student financial aid, including, but not limited to, requiring audited financial statements. The state board may grant exceptions to the additional standards by the adoption of rules and regulations.
(c) The state board shall maintain a list of institutions that have been issued a certificate of approval.
(d) Any state agency having information that will enable the state board to exercise its powers and perform its duties in administering the provisions of this act shall furnish such information when requested by the state board.
History:
L. 2004, ch. 185, § 5; L. 2016, ch. 74, § 6; L. 2021, ch. 17, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,167 Certificate of approval required prior to awarding a degree, certificate or diploma; contracts unenforceable, when.

74-32,167. Certificate of approval required prior to awarding a degree, certificate or diploma; contracts unenforceable, when.
(a) No institution shall establish a physical presence within Kansas without obtaining a certificate of approval from the state board as provided in this act. No institution shall confer or award any degree, certificate or diploma, whether academic or honorary, unless such institution has been approved for such purpose by the state board.
(b) Any contract entered into by or on behalf of any owner, employee or representative of an institution that is subject to the provisions of this act but has not obtained a certificate of approval, shall be unenforceable in any action.
History:
L. 2004, ch. 185, § 7; L. 2010, ch. 150, § 3; L. 2021, ch. 17, § 9; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,168 Certificate of approval, application; branch institutions; provisional certificate, requirements; rules and regulations.

74-32,168. Certificate of approval, application; branch institutions; provisional certificate, requirements; rules and regulations.
(a) Each institution shall apply to the state board for a certificate of approval. At least 60 days before an institution opens a branch campus in Kansas, such institution shall notify the state board that it intends to open a branch campus. Such branch campus shall be subject to review by the state board to determine whether it complies with the provisions of this act and the standards of the state board established pursuant thereto.
(b) An application for a certificate of approval shall be made on a form prepared and furnished by the state board and shall contain the information required by the state board.
(c) The state board may issue a certificate of approval upon determination that an institution meets the requirements of this act and all standards established by the state board pursuant thereto. The state board may issue a certificate of approval to any institution accredited by a regional or national accrediting agency recognized by the United States department of education without further evidence.
(d) (1) The state board may issue a provisional certificate of approval to a degree-granting institution that is not yet accredited by a recognized accrediting organization and that is seeking to establish a physical presence in Kansas. The provisional certificate may be renewed annually as long as the institution continues to progress toward successful attainment of full institutional accreditation within the regular accreditation cycle established by the recognized accrediting organization.
(2) The institution shall submit a plan for achieving accreditation. Such plan shall include identification of the recognized accrediting organization's eligibility requirements, minimum accreditation requirements, review processes and the institution's timeline for achieving full accreditation.
(3) The institution shall submit quarterly updates on the institution's progress toward full accreditation to the state board.
(4) The state board may adopt rules and regulations imposing additional surety bond requirements for the indemnification of any student for any loss suffered as a result of a failure to achieve full accreditation.
History:
L. 2004, ch. 185, § 8; L. 2010, ch. 150, § 4; L. 2021, ch. 17, § 10; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,170 Certificate of approval; application, contents; term; renewal; notice of intent to nonrenew; closure requirements.

74-32,170. Certificate of approval; application, contents; term; renewal; notice of intent to nonrenew; closure requirements.
(a) After the state board reviews an application for a certificate of approval and determines that the institution meets the requirements of this act and the standards established by the state board, the state board shall issue a certificate of approval to the institution. Certificates of approval shall be in a form specified by the state board. Certificates of approval shall state:
(1) The date of issuance and term of approval;
(2) the correct name and address of the institution;
(3) the signature of the chief executive officer of the state board or a person designated by the state board to administer the provisions of this act; and
(4) any other information required by the state board.
(b) Certificates of approval shall be valid for a term of one year.
(c) Whenever a change in ownership occurs, the new owner shall apply for a new certificate of approval pursuant to K.S.A. 2023 Supp. 74-32,170a, and amendments thereto.
(d) At least 120 days prior to expiration of a certificate of approval, the state board shall notify the institution that it is required to renew its certificate of approval in order to continue maintaining a physical presence in Kansas after the expiration date of its current certificate of approval. Any institution desiring to renew its certificate of approval shall complete and submit the application for renewal to the state board at least 60 days prior to the expiration of the institution's certificate of approval. An application for renewal shall be deemed late if the institution applying for renewal fails to submit a completed application for renewal at least 60 days prior to the expiration of the institution's certificate of approval. A completed application for renewal includes all documentation, information and fees required by the state board to complete the renewal process. When an application for renewal is deemed late, the state board may require the institution to begin the closure procedure.
(e) Unless exempt from the provisions of this act pursuant to K.S.A. 74-32,164, and amendments thereto, an institution shall not accept payments for tuition, fees or other enrollment charges until the institution receives a certificate of approval from the state board.
(f) Any institution that does not plan to renew a certificate of approval shall notify the state board of its intent not to renew at least 60 days prior to the expiration date of the certificate of approval.
(g) Any institution that is closing, either voluntarily or involuntarily, shall be subject to closure requirements until the state board notifies the institution that all closure requirements are satisfied.
History:
L. 2004, ch. 185, § 10; L. 2010, ch. 150, § 6; L. 2021, ch. 17, § 12; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,170a Certificate of approval; change in ownership of an institution; rules and regulations.

74-32,170a. Certificate of approval; change in ownership of an institution; rules and regulations.
(a) Each certificate of approval shall be issued to the owner of the institution applying for the certificate of approval. The certificate of approval shall not be transferable to a new owner. Whenever a change of ownership occurs as a result of death, a court order or operation of law, the new owner shall immediately apply for a new certificate of approval. If a change in ownership occurs in any other circumstance, the new owner shall apply for a new certificate of approval at least 60 days prior to the change of ownership.
(b) If there is a change in the ownership of an institution and, at the same time, there are changes in the institution's programs of instruction, location, entrance requirements or other changes, the institution shall submit an application for an initial certificate of approval and pay all applicable fees required for an initial application.
(c) The state board may adopt rules and regulations to ensure orderly transition of an institution to a new owner, including, but not limited to, requiring a new owner to satisfy the following requirements:
(1) Maintain and service all student records that were the responsibility of the prior owner;
(2) resolve all student complaints that were the responsibility of the prior owner and filed with the state board prior to the final approval for change of ownership; and
(3) honor the terms of student enrollment agreements, institutional scholarships and grants for all students enrolled and taking classes at the time of the change of ownership.
History:
L. 2021, ch. 17, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,170b Certificate of approval; court-appointed receiver for an institution; notice and copies of records; compliance with act.

74-32,170b. Certificate of approval; court-appointed receiver for an institution; notice and copies of records; compliance with act.
If a court of competent jurisdiction appoints a receiver for an institution holding a certificate of approval, the receiver shall provide the state board notice of the appointment and copies of all court orders and reports required from the receiver by the court. The court-appointed receiver shall comply with all provisions of the Kansas private and out-of-state postsecondary educational institution act.
History:
L. 2021, ch. 17, § 3; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,171 Refusal to issue certificate; appeal.

74-32,171. Refusal to issue certificate; appeal.
(a) After the state board reviews an application for a certificate of approval and determines that the applicant does not meet the requirements of this act, the state board shall refuse to issue the certificate of approval and set forth the reasons for the determination.
(b) If an applicant, upon written notification of refusal by the state board to issue a certificate of approval, desires to contest such refusal, the applicant shall notify the state board in writing of the desire to be heard within 15 days after the date of service of such notice of refusal. Any applicant requesting a hearing pursuant to this section shall be afforded a hearing in accordance with the provisions of the Kansas administrative procedure act. Upon conclusion of any such hearing, the state board shall issue a certificate of approval or a final refusal to do so.
(c) If an applicant, upon service of notice of refusal by the state board to issue a certificate of approval, fails to request a hearing within 15 days after the date of service of such notice of refusal, the state board's refusal shall be a final agency action.
History:
L. 2004, ch. 185, § 11; L. 2021, ch. 17, § 13; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,172 Revocation of certificate; imposition of conditions; notice; hearing.

74-32,172. Revocation of certificate; imposition of conditions; notice; hearing.
(a) The state board may revoke a certificate of approval or impose reasonable conditions upon the continued approval represented by a certificate.
(b) A certificate of approval may be revoked if the state board has reasonable cause to believe that the institution is in violation of any provision of this act or of any rules and regulations adopted under this act. An institution that has had a certificate of approval revoked may not reapply for a certificate of approval for 12 months after the final order of revocation, and then only if the institution establishes to the satisfaction of the state board that it has cured all deficiencies. Prior to revocation, the state board shall give written notice to the holder of the certificate of approval of the impending action, setting forth the grounds for the action contemplated to be taken and affording the institution holding the certificate of approval an opportunity to request a hearing. If a hearing is requested, such hearing shall be conducted within 30 days after the date the notice was sent. Hearings conducted pursuant to this subsection shall be conducted in accordance with the Kansas administrative procedure act.
(c) A certificate of approval may be conditioned at any time if the state board has reasonable cause to believe additional information is necessary, a violation of this act occurred or it is in the students' best interest for the institution to continue operations during a change in ownership or while an institution is completing closure requirements. A certificate of approval that has been conditioned constitutes authorization to operate but with conditions, including, but not limited to, reporting requirements, performance standard requirements, securing new or additional bonds, limiting the period of time to operate during change of ownership or for the purpose of teaching out students. The state board may require any institution with a certificate of approval that has been conditioned to suspend or cease any part of institutional activity, including, but not limited to, enrolling students, advertising or delivering certain classes or programs. Such conditions shall remain in effect until the circumstances precipitating the conditional status are corrected, and the state board has completed all reviews relating to the institution's conditional status. The state board's decision to impose reasonable conditions shall be a final agency action.
History:
L. 2004, ch. 185, § 12; L. 2021, ch. 17, § 14; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,173 Judicial review; violations of act, injunction.

74-32,173. Judicial review; violations of act, injunction.
Any action of the state board pursuant to K.S.A. 74-32,170, 74-32,171 or 74-32,172, and amendments thereto, or K.S.A. 2023 Supp. 74-32,178a, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. If it appears to the state board on the basis of its own inquiries or investigations or as a result of a complaint that any provision of this act has been or may be violated, the state board may request the attorney general to institute an action enjoining such violation or for an order directing compliance with the provisions of this act.
History:
L. 2004, ch. 185, § 13; L. 2010, ch. 17, § 183; L. 2021, ch. 17, § 15; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,174 Institution's representative, registration with state board; renewal, denial, or revocation of registration.

74-32,174.
Institution's representative, registration with state board; renewal, denial, or revocation of registration.
(a) Each representative of an institution shall register with the state board. Application for registration may be made at any time on a form prepared and furnished by the state board and shall contain such information as may be required by the state board.
(b) Registration of a representative shall be effective upon receipt of notice from the state board and shall remain in effect until expiration of the certificate of approval of the institution employing such representative. Renewal of representative registration shall be in accordance with the renewal application form forwarded to the institution by the state board.
(c) Denial or revocation of registration of a representative by the state board shall be in accordance with the provisions of this act applicable to denial or revocation of a certificate of approval.
(d) A representative employed by more than one institution shall not be required to register for each institution when such institutions have a common ownership.
History:
L. 2004, ch. 185, § 14; June 10.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,175 Surety bond; requirements.

74-32,175. Surety bond; requirements.
(a) Before a certificate of approval is issued under this act, a bond in the penal sum of $20,000 shall be provided by the institution for the period for which the certificate of approval is to be issued. The obligation of the bond shall be that the institution and its officers, agents, representatives and other employees shall be bound to:
(1) Comply with the provisions of this act and the rules and regulations and standards established by the state board pursuant to this act, including, but not limited to, protecting students' personally identifiable information; and
(2) upon closure of the institution, or if the institution is no longer seeking state board approval, deliver or make available to the state board the records of all students who are in attendance at the institution at the time of closure or who have attended the institution at any time prior to closure.
(b) The bond shall be a corporate surety bond issued by a company authorized to do business in this state on a form required by the state board. The bond shall be filed with the state board. If the institution ceases operation, the state board may recover against the bond all necessary costs for the acquisition, permanent filing and maintenance of student records of the institution.
History:
L. 2004, ch. 185, § 15; L. 2021, ch. 17, § 16; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 32 - State Board Of Regents › 74-32,177 Prohibited acts; criminal penalty; revocation or condition of certificate.

74-32,177. Prohibited acts; criminal penalty; revocation or condition of certificate.
(a) No person shall:
(1) Operate an institution without a certificate of approval;
(2) accept contracts or enrollment applications from a representative who is not registered as required by this act;
(3) use fraud or misrepresentation to obtain a certificate of approval;
(4) use fraud or misrepresentation in advertising or in procuring enrollment of a student;
(5) use the term "accredited" in the name or advertisement of the institution unless such institution is accredited as defined in this act; or
(6) use the term "university" in the name or advertisement of the institution unless such institution is a university as defined by this act.
(b) Violation of any provision of subsection (a) or any other provision of this act is a class C nonperson misdemeanor.
(c) The state board may revoke or condition a certificate of approval for any violation of subsection (a) or any other provision of this act.
History:
L. 2004, ch. 185, § 17; L. 2021, ch. 17, § 17; July 1.