Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 1 - Nonpublic Colleges › Section 13 KAR 1:020 - Private college licensing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B.005-13B.170,
				164.020(23),
				164.945,
				164.946,
				164.947,
				164.992,
				165A.320,
				20 U.S.C.
				1001 et. seq.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.947(1) requires the
				Council on Postsecondary Education to promulgate an administrative regulation
				to establish the procedures for the licensing of colleges as defined in
				KRS
				164.945.
				KRS
				164.947 provides that religious instruction
				or training shall not be restricted. This administrative regulation establishes
				the private college licensing requirements and the requirements for religious
				instate colleges to apply for an exemption to those licensing
				requirements.
Section 1. Definitions.
(1) "Accredited" means the approval of an
			 accrediting agency.
(2)
			 "Accrediting agency" means a national or regional agency which evaluates
			 colleges and is recognized by the United States Department of Education, the
			 Council on Higher Education Accreditation, or the Council on Postsecondary
			 Education.
(3) "Agent" means any
			 person employed by a college to act as a solicitor, broker, or independent
			 contractor to procure students for the college by solicitation in any form made
			 at any place other than the main campus of the college.
(4) "College" is defined by
			 KRS
			 164.945(1).
(5) "Degree" is defined by
			 KRS
			 164.945(2).
(6) "Diploma" is defined by
			 KRS
			 164.946(3).
(7) "In-state college" means a college that
			 is charted by, organized within, and has its principal location in
			 Kentucky.
(8) "Net tuition and
			 fees" means the total of tuition and mandatory fee revenue less institutional
			 scholarships and fellowships.
(9)
			 "Operating or soliciting" means having a physical presence within Kentucky and
			 includes:
(a) An instructional or
			 administrative site within Kentucky whether owned, leased, rented, or provided
			 without charge;
(b) Instruction,
			 whether theory or clinical, originating from or delivered within Kentucky
			 utilizing teachers, trainers, counselors, advisors, sponsors, or
			 mentors;
(c) An agent, recruiter,
			 in-state liaison personnel, institution, or business located in Kentucky that
			 advises, promotes, or solicits for enrollment, credit, or award of an
			 educational or occupational credential;
(d) An articulation agreement with a Kentucky
			 licensed college or state-supported institution; or
(e) Advertising, promotional material, or
			 public solicitation in any form that targets Kentucky residents through
			 distribution or advertising in the state.
(10) "Out-of-state college" means a college
			 that is chartered, organized, or has its principal location outside of
			 Kentucky.
(11) "President" means
			 the president of the Council on Postsecondary Education.
(12) "Unearned tuition" means the excess of
			 cumulative collections of tuition and other instructional charges over the
			 cumulative amount of earned tuition and other institutional charges prior to
			 the first date of refund in accordance with the college's refund
			 policy.
(13) "Unrestricted cash"
			 means any cash or cash equivalents held by a college which are available to
			 cover payments to students for any unearned tuition.