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.
Section 2. General Requirements.
(1)
(a)
Except as provided in paragraph (b) of this subsection or subsection (7) of
this section, an in-state or out-of-state college that is operating or
soliciting in Kentucky shall be licensed.
(b) If a college is operating or soliciting
in Kentucky solely for on-ground instruction at a location outside of Kentucky
in which students leave Kentucky to attend, licensure shall not be
required.
(2)
(a) An out-of-state college shall be licensed
separately for each instructional site in Kentucky.
(b) Except as provided in paragraph (c) of
this subsection, an out-of-state college that is operating or soliciting using
on-line instruction to Kentucky residents shall be considered to have an online
campus which shall be licensed separately as an instructional site.
(c) Licensure shall not be required for an
out-of-state college if the college:
1. Is
only operating and soliciting under Section 1(9)(b) of this administrative
regulation solely due to a faculty member residing in Kentucky and providing
online instruction to Kentucky students; and
2. Has less than one (1) percent of its
faculty members residing in Kentucky.
(3) A college awarding a certificate,
diploma, associate degree, baccalaureate degree, master's degree, doctoral
degree, or other degree, whether the degree is earned or honorary, shall be
licensed. If a college's program is also required to be licensed or approved by
another state agency as well as the Council on Postsecondary Education, the
president shall attempt to coordinate the licensing function with that
agency.
(4) A college shall offer
only those programs, courses, and degrees, including honorary degrees,
specifically authorized in the license.
(5) If a college ceases offering a licensed
program, course, or degree, the college shall notify the president in writing
and request that the program, course, or degree be removed from the college's
license.
(6) Providing false or
misleading information shall be grounds for denial of a license, or suspension
or revocation of an existing license.
(7) A religious in-state college may operate
or solicit in Kentucky if the college submits to the council an Application for
Religious In-State College Letter of Exemption per
KRS
164.947(2). The institution
shall submit an application each year by the anniversary of its initial
submission date. As part of the application, the institution shall verify
compliance with the requirements established in this subsection.
(a) The institution shall be nonprofit,
owned, maintained, and controlled by a church or religious organization which
is exempt from property taxation under the laws of Kentucky.
(b) The name of the institution shall include
a religious modifier or the name of a religious patriarch, saint, person, or
symbol of the church.
(c) The
institution shall offer only educational programs that prepare students for
religious vocations as ministers or laypersons in the categories of ministry,
counseling, theology, religious education, administration, religious music,
religious fine arts, media communications, or social work.
(d) The titles of degrees issued by the
institution shall be distinguished from secular degree titles by including a
religious modifier that:
1. Immediately
precedes, or is included within, any degree title, including an Associate of
Arts, Associate of Science, Bachelor of Arts, Bachelor of Science, Master of
Arts, Master of Science, Advanced Practice Doctorate, Doctor of Philosophy, or
Doctor of Education degree; and
2.
Is placed on the title line of the degree, on the transcript, and wherever the
title of the degree appears in official school documents or
publications.
(e) The
duration of all degree programs offered by the institution shall be consistent
with Section 8(8)(b) of this administrative regulation.
(f) The institution shall comply with the
truth in advertising requirements established in Section 8(11) of this
administrative regulation.
(g)
1. The institution shall disclose to each
prospective student:
a. A statement of the
purpose of the institution, its educational programs, and curricula;
b. A description of its physical
facilities;
c. Its status regarding
licensure;
d. Its fee schedule and
policies regarding retaining student fees if a student withdraws;
e. Its refund policy on tuition and other
instructional charges; and
f. A
statement regarding the transferability of credits to and from other
institutions.
2. The
institution shall make the disclosures required by subparagraph 1. of this
paragraph in writing at least one (1) week prior to enrollment or collection of
any tuition from the prospective student. The required disclosures may be made
in the institution's current catalog.
(h) The institution shall not seek to be
eligible for state or federal financial aid.
Section 3. Licensure Application Procedures.
(1) An application for a license shall be
submitted on the form entitled:
(a)
Application for Licensure as an In-State, Non-Public Institution to Operate in
the Commonwealth of Kentucky Pursuant to 13 KAR
1:020, if the applicant is an
in-state college; or
(b)
Application for Licensure as an Out-of-State Institution to Operate in the
Commonwealth of Kentucky Pursuant to 13 KAR
1:020, if the applicant is an
out-of-state college.
(2) An application shall be accompanied by a
copy of the:
(a) College charter;
(b) College catalog;
(c) College constitution and
bylaws;
(d) Student enrollment
application;
(e) Student contract
or agreement;
(f)
1. Documentation of accreditation, licensure,
or approval by appropriate state, federal, and accrediting agencies;
and
2. Disclosure of any prior loss
or denial of:
a. Accreditation with the dates
and reason for the loss or denial; or
b. Licensure or approval by an agency in this
state or another state with the dates and reason for the loss or denial;
and
(g)
Disclosure of any former names of the college with the dates each former name
was used.
Section
4. Site Visits.
(1) Within ninety
(90) working days of the receipt of a full and complete application for a
license, a supplementary application, or Application for Annual Maintenance of
License or for Renewal of License Pursuant to 13 KAR
1:020, the president may
conduct, or may have conducted, a site visit. Personnel conducting the site
visit shall possess the expertise appropriate to the type of college to be
visited. The purpose of a site visit shall be to make an assessment of a
college using the standards for licensure as set forth in Section 8 of this
administrative regulation.
(2) The
president may conduct, or may have conducted, an announced or unannounced site
visit of a licensed college during reasonable business hours to inspect the
files, facilities, and equipment as well as conduct interviews to determine the
college's compliance with this administrative regulation and
KRS
164.945,
164.946,
and
164.947.
(3) Failure to provide full access to the
college's files, facilities, and equipment or prevention of interviews shall be
grounds for denial of a license, or suspension or revocation of an existing
license.
(4) Cost of site visits.
(a) Costs connected with a site visit and
subsequent visits as may be necessary, such as travel, meals, lodging, and
consultant honoraria, shall be paid by the college.
(b) The estimated cost of the site visit
shall be paid by the college prior to the site visit.
(c) The final settlement regarding actual
expenses incurred shall be paid by the college no later than thirty (30) days
after receipt of the invoice.
(d)
Failure to pay these costs shall be grounds for denial of a license, or
suspension or revocation of an existing license.
Section 5. Action on Licensure
Application.
(1) Within ninety (90) working
days of the completion of the site visit, or within sixty (60) working days of
the submission of a complete licensure application if a site visit is not
conducted, the president shall do one (1) of the following:
(a) Issue a license for a period of no less
than one (1) year, nor more than two (2) years;
(b) Deny the application for a
license;
(c) Notify the applicant
college of deficiencies which shall be corrected before a license is issued;
or
(d) Issue a conditional license
in accordance with subsection (3) of this section if the college has:
1. Not met all of the standards for licensure
when the application is filed; and
2. Provided a written business plan to the
president demonstrating it will meet the standards for licensure within a
period not to exceed two (2) years.
(2) If an institution fails to respond in
writing to an official notification of deficiency within sixty (60) working
days, it shall submit a new application and fee, as required by Section 15 of
this administrative regulation, to apply for licensure.
(3) A conditional license shall not exceed a
period of two (2) years and shall include the conditions the college shall meet
in order for the college to progress toward and eventually meet the standards
for licensure, including when the college shall report progress to the
president and when the college shall be required to have satisfied all the
conditions.
(a) The college's failure to
satisfy the conditions within the specified timeframe shall:
1. Result in automatic revocation of the
conditional license; or
2. Result
in an extension of the conditional license based on a determination by the
president that the college is making progress in satisfying the conditions in
response to the college's written request for an extension with supporting
justification.
(b) If
the college satisfies all the conditions with the timeframe specified, the
president shall issue a license in accordance with subsection (1)(a) of this
section.
Section
6. Supplementary Application Procedures.
(1)
(a) A
Supplementary Application for Change of Name of Institution Pursuant to 13 KAR
1:020 shall be submitted to the council at least ninety (90) days prior to the
effective date of a change in the name of a college.
(b) A Supplementary Application for Change of
Location of Principal Location of a College or Location of a Licensed
Instructional Site in Kentucky Pursuant to 13 KAR
1:020 shall be submitted to
the council at least ninety (90) days prior to the effective date of a change
in the principal location of a college or the location of a licensed
instructional site in Kentucky.
(c)
A Supplementary Application for Change of Ownership or Governance Pursuant to
13 KAR
1:020 shall be submitted to the council at least ninety (90) days prior
to the effective date of a change in ownership or governance of a
college.
(d) An out-of-state
college shall submit a Supplementary Application to Operate as an Out-of-State
Institution in the Commonwealth of Kentucky Pursuant to 13 KAR
1:020 at least
ninety (90) days prior to implementation of a change to offer an additional
certificate, diploma, or degree program, major, or other concentration or
specialty at an instructional site.
(e) A Supplementary Application to Operate as
an In-State Nonpublic Institution in the Commonwealth of Kentucky Pursuant to
13 KAR
1:020 shall be submitted by an in-state college at least ninety (90)
days prior to the effective date of:
1. A
change to offer an additional certificate, diploma, or degree program, major,
or other concentration or specialty at the main campus; or
2. The establishment of an instructional site
away from the main campus of an in-state college for the purpose of offering
courses for college credit which comprise at least fifty (50) percent of the
course requirements for a degree program.
(f) A college shall submit a Supplementary
Application for Administrative Site, Recruitment Office, or Advising Center
Pursuant to 13 KAR
1:020 at least ninety (90) days prior to the establishment
of an administrative site, recruitment office, or advising center in Kentucky,
or the change of location of a licensed administrative site, recruitment
office, or advising center in Kentucky, if the site, office, or center is not
part of a licensed instructional site or proposed instructional site for which
the college is seeking licensure.
(g) A college shall submit a Supplementary
Application for Notification of Change in Accreditation or Licensure Status
Pursuant to 13 KAR
1:020 within thirty (30) days following action by an
accrediting agency or another state licensing agency which results in:
1. A college being placed in a probationary
status;
2. A college losing
accreditation or licensure; or
3. A
college being denied accreditation or licensure.
(2) A site visit may be conducted
as part of the supplementary application process in accordance with Section 4
of this administrative regulation.
(3) Failure to submit a complete and accurate
supplementary application, if required, shall be sufficient cause for denial of
a license, or suspension or revocation of an existing license. The president
shall notify the college by registered mail, return receipt, of the denial,
suspension, or revocation of the college's license.
Section 7. Action on Supplementary
Applications.
(1) Within sixty (60) working
days of the submission of a complete supplementary application if a site visit
is not conducted, or within ninety (90) working days of the completion of a
site visit, the president shall do one (1) of the following:
(a) Approve the supplementary application and
amend the current license without changing the renewal date;
(b) Deny the supplementary application
without amendment to the college's license;
(c) Suspend or revoke the college's
license;
(d) Notify the applicant
college of deficiencies which shall be corrected before the supplementary
application is approved and the license is amended; or
(e) Issue a conditional license in accordance
with subsection (3) of this section if the college has:
1. Not met all of the standards for licensure
when the application is filed; and
2. Provided a written business plan to the
president demonstrating it will meet the standards for licensure within a
period not to exceed two (2) years.
(2) If an institution fails to respond in
writing to an official notification of deficiency within sixty (60) working
days, it shall submit a new application to apply for licensure.
(3) A conditional license shall not exceed a
period of two (2) years and shall include the conditions the college shall meet
in order for the college to progress toward and eventually meet the standards
for licensure, including when the college shall report progress to the
president and when the college shall be required to have satisfied all the
conditions.
(a) The college's failure to
satisfy the conditions within the specified timeframe shall:
1. Result in automatic revocation of the
conditional license; or
2. Result
in an extension of the conditional license based on a determination by the
president that the college is making progress in satisfying the conditions in
response to the college's written request for an extension with supporting
justification.
(b) If
the college satisfies all the conditions with the timeframe specified, the
president shall amend the current license in accordance with subsection (1)(a)
of this section.
Section
8. Standards for Licensure. A college shall meet the requirements
and standards established in this section in order to be licensed.
(1) Financial requirements. The college shall
adhere to generally accepted accounting practices and present evidence of
financial stability, which shall include:
(a)
Financial statements including:
1. A statement
of financial position of unrestricted net assets and liabilities, including
foundation and trust agreements;
2.
An audit report prepared by an independent certified public accountant for each
corporation of the college; and
3.
If available, audit reports for the past three (3) years;
(b) The name of a bank or other financial
institution used by the college as a reference;
(c) A statement from the Kentucky Higher
Education Assistance Authority related to programs administered by that agency
and from the U.S. Department of Education related to programs administered by
that department that the college is in good standing; and
(d) An annual operating budget for the
college.
(2) Agents. A
college shall be responsible for the actions of its agents if acting on behalf
of the college.
(3) Guarantee of
refund of unearned tuition. A college shall guarantee the refund of any
unearned tuition held by the college as established in this subsection.
(a) Except as provided in paragraph (d) of
this subsection, an in-state college shall:
1.
Secure and maintain a surety bond equal to or in excess of the largest amount
of unearned tuition held by the college at any time during the most recently
completed fiscal year, executed by a surety company qualified and authorized to
do business in Kentucky, and made payable to the Council on Postsecondary
Education;
2. Maintain an
unrestricted cash reserve equal to or in excess of the largest amount of
unearned tuition held by the college at any time during the most recently
completed fiscal year; or
3.
Provide a letter of credit equal to or in excess of the largest amount of
unearned tuition held by the college at any time during the most recently
completed fiscal year.
(b) An out-of-state college shall secure and
maintain a surety bond:
1. That is:
a. Equal to or in excess of the largest
amount of unearned tuition held by the college at any time during the most
recently completed fiscal year; and
b. At least $10,000;
2. Executed by a surety company qualified and
authorized to do business in Kentucky; and
3. Made payable to the Council on
Postsecondary Education.
(c) A college applying for a license for the
first time shall estimate the amount of unearned tuition based on projected
enrollment and tuition and other instructional charges.
(d) An in-state college licensed continuously
by the council for:
1. Five (5) to ten (10)
years shall maintain coverage by surety bond, letter of credit, or unrestricted
cash reserve for ten (10) percent of its annual total net tuition and fees
collected by the college in its most recently completed fiscal year;
or
2. Ten (10) years or more shall
maintain coverage by surety bond, letter of credit, or unrestricted cash
reserve for five (5) percent of its annual total net tuition and fees collected
by the college in its most recently completed fiscal year.
(e) A college shall provide a letter from an
independent certified public accountant confirming that the college is in
compliance with this subsection.
(4) Notice required.
(a) If a surety bond is terminated, a college
shall notify the president and the license shall automatically expire with the
bond unless a replacement bond is provided without a lapse in
bonding.
(b) An in-state college
using an unrestricted cash reserve or letter of credit to satisfy the
provisions of subsection (3) of this section shall notify the president if the
unrestricted cash reserve or letter of credit falls below the required amount,
and the college shall obtain a surety bond for the required amount.
(c) A college shall notify the president
within ten (10) days of the college receiving written notice from the U.S.
Department of Education of placement on heightened cash monitoring status or
calculation of college's financial responsibility composite score at below 1.0.
If an in-state college is using unrestricted cash reserve to satisfy subsection
(3) of this section, it shall within thirty (30) days of either event:
1. Obtain a surety bond or letter of credit
in the required amount until the college is satisfactorily removed from
heightened cash monitoring status by the U.S. Department of Education or the
college's financial responsibility composite score is 1.0 or higher;
or
2. Transfer the unrestricted
cash reserve to the Council in the required amount to be held on behalf of the
college, which the Council shall return once the college is satisfactorily
removed from heightened cash monitoring status by the U.S. Department of
Education, the college's financial responsibility composite score is 1.0 or
higher, or once all unearned tuition claims have been paid.
(d) Upon notice to the college,
the Council may call in a letter of credit upon any valid claim of unearned
tuition in the amount of the claim, or for the full amount of the letter if
necessary to protect access to those funds. If the full amount of the letter is
called, the Council shall return any funds remaining after claims have been
paid, either to the bank or the college, as appropriate, after one (1) year
from the date of closure of the college.
(e) A college shall notify the president
within ten (10) days of the college receiving notice from an accrediting agency
or any state or federal agency that the college is the subject of any
investigative action or disciplinary matter with the accrediting agency or
state or federal agency.
(5) Personnel requirements.
(a) The college shall furnish information
regarding the administrative officers, the directors, the owners, and the
faculty, as required by the application form.
(b) The chief administrator shall hold at
least an earned baccalaureate degree from an accredited or licensed college and
shall have sufficient experience to qualify for the position.
(c) Faculty members.
1. For a course or program licensed by the
council prior to January 1, 2014:
a. Effective
until December 31, 2015, faculty members shall possess academic, scholarly, and
teaching qualifications similar to those required for faculty in accredited
colleges that offer degrees at comparable levels.
b. Effective beginning on January 1, 2016,
faculty members shall meet the requirements established in paragraph (d) of
this subsection.
2. For
a course or program not licensed by the council prior to January 1, 2014,
faculty members shall meet the requirements established in paragraph (d) of
this subsection when the course or program is licensed.
(d) Faculty member qualifications.
1. Each degree possessed by a faculty member
shall be from an institution accredited by an accrediting agency recognized by
the U.S. Department of Education or the Council for Higher Education
Accreditation.
2. To teach a
certificate or diploma course, a faculty member shall have:
a. A bachelor's degree; or
b. A high school diploma or GED along with
one (1) or more of the following:
(i)
Completed a training or degree program in the applicable occupational
area;
(ii) Demonstrated outstanding
professional experience;
(iii)
Demonstrated outstanding professional contributions to the discipline being
taught; or
(iv) Professional
licensure or certification in the field.
3. To teach an associate degree course not
designed for transfer to a baccalaureate degree, a faculty member shall hold:
a. A bachelor's degree in the discipline
being taught; or
b. An associate's
degree in the discipline bei ng taught along with one (1) or more of the
following:
(i) Demonstrated outstanding
professional experience;
(ii)
Demonstrated outstanding professional contributions to the discipline being
taught; or
(iii) Professional
licensure or certification in the field.
4. To teach a general education course, a
faculty member shall hold:
a. A master's
degree in the discipline being taught; or
b. A master's degree with a minimum of
eighteen (18) graduate semester hours in the discipline being taught.
5. To teach a baccalaureate course
or an associate course designed for transfer to a baccalaureate degree, a
faculty member shall hold:
a. A master's
degree in the discipline being taught;
b. A master's degree with a minimum of
eighteen (18) graduate semester hours in the discipline being taught;
or
c. A baccalaureate degree in the
discipline being taught along with one (1) or more of the following:
(i) Demonstrated outstanding professional
experience;
(ii) Demonstrated
outstanding professional contributions to the discipline being taught;
or
(iii) Professional licensure or
certification in the field.
6. To teach a graduate course, a faculty
member shall hold:
a. An earned doctorate or
terminal degree in the discipline being taught or in a related discipline; or
b. A master's degree in the
discipline being taught along with one (1) or more of the following:
(i) Demonstrated outstanding professional
experience;
(ii) Demonstrated
outstanding professional contributions to the discipline being taught;
or
(iii) Professional licensure or
certification in the field.
(e) There shall be a sufficient number of
full-time faculty to ensure continuity and stability of the educational
program.
(f) Teaching loads of
faculty members shall be consistent with recognized educational practices, and
shall be appropriate to the field, the variety of courses assigned, class size,
and other related factors.
(6) Facilities and equipment.
(a) An instructional program shall be
conducted in a facility in accordance with the requirements specified on the
application form.
(b) Enrollment
shall not exceed the design characteristics of the facilities.
(c) A college shall have facilities and
equipment that are:
1. Maintained and operated
in compliance with the safety and health requirements set forth in local, city,
and county ordinances, and federal and state law; and
2. Adequate and appropriate for instruction
in classrooms and laboratories consistent with accrediting and licensing
requirements.
(7) Library resources. The library shall
support the programs offered by the college in accordance with this subsection.
(a) A college, through ownership or formal
agreements, shall provide and support student and faculty access to adequate
library collections, and to other learning and information resources where
courses and programs are offered. Library resources shall be appropriate to the
degree level offered by the college, and shall be sufficient to support all
educational, research, and public service programs.
(b) A college that does not provide its own
library facilities, but instead relies on another institution, shall
demonstrate that it has permission to utilize the resources of the other
institution, by providing a copy of the written agreement to the president with
the license application, and prior to the offering of any courses.
(c) A college that is dependent on another
college or library for library resources shall make the extent of the
dependence and the details of the agreements clear both to the president and to
students and faculty.
(d) Library
expenditures, expressed as a percentage of the total educational and general
budget, shall be consistent with the percentage of library expenditures
commonly observed in accredited colleges of similar types.
(e) Library staff shall be qualified as
required for accredited colleges of similar types.
(f) Sufficient seating and work space for a
reasonable proportion of the faculty and students to be accommodated at one (1)
time shall be provided as observed in accredited colleges of similar
types.
(g) The library shall
provide a safe and secure physical and virtual environment conducive to study
and research.
(8)
Curriculum. Earned degrees awarded by a college shall be bona fide academic
degrees and the courses offered in degree programs shall be of collegiate
quality as determined by the president using the criteria established in this
section.
(a)
1. Except as provided in subparagraph 2. of
this paragraph, a course offered in a degree program shall be consistent with a
course that is generally transferable for credit among accredited colleges
where the program is at a corresponding degree level, or for credit toward the
baccalaureate degree if a program is at the associate degree level.
2. A course may be offered that is not
transferable based on the uniqueness of a program.
(b) A college shall require a minimum of:
1. Sixty (60) student credit hours for an
associate degree;
2. 120 student
credit hours for a baccalaureate degree; or
3. Thirty (30) student credit hours for a
post-baccalaureate, graduate, or first professional degree.
(c) A minimum of twenty-five (25)
percent of the student credit hours required for a degree shall be earned
through instruction offered by:
1. The college
awarding the degree; or
2. A
college that is:
a. A party to a joint,
cooperative, or consortia agreement; and
b. Either:
(i) Licensed by the Council on Postsecondary
Education; or
(ii) A Kentucky
state-supported postsecondary education institution.
(d) A majority of the
student credit hours required for a graduate degree may be met through a joint,
cooperative, or consortia agreement in which the instruction is offered by a
college that is:
1. A party to the agreement;
and
2. Either:
a. Licensed by the Council on Postsecondary
Education; or
b. A Kentucky
state-supported postsecondary education institution.
(e) A college shall have a
systematic program of curriculum revision in order to maintain the general
standards of accredited colleges with similar programs.
(f) A college shall have a program of
evaluation that includes a periodic assessment of the changes in student
achievement.
(9) General
education.
(a) A minimum of fifteen (15)
student credit hours for associate degree programs and thirty (30) student
credit hours for baccalaureate degree programs shall be earned in general
education, including science, mathematics, social and behavioral sciences, and
humanities. A college which offers an interdisciplinary general education
program, a block-type program, or other unique general education program shall
be considered to be in compliance with the general education requirement if the
president determines that the program content and distribution are related to
the degree and institutional purposes.
(b) A new college, or any existing college
which initiates a new associate degree or baccalaureate degree program or
major, or other concentration or specialty, after March 5, 2010, shall comply
fully from the outset with the general education requirements.
(10) Program supervision and
instructional support. Regardless of location, type of program, method of
instruction, or other characteristics, an instructional program for which
degree credit is awarded shall include:
(a)
Adequate supervision by the college; and
(b) Instructional support necessary to
maintain the program.
(11) Truth in advertising. A college shall
meet the requirements established in this subsection regarding advertising.
(a) Advertisements, announcements, or
promotional material of any kind which are distributed in Kentucky shall not
contain any statements that are untrue, deceptive, or misleading with respect
to the college, its personnel, its services, or the content, accreditation
status, or transferability of its courses or degree programs.
(b) Advertisements, announcements, or other
materials produced by or on behalf of the college shall not indicate that the
college is "supervised", "recommended", "endorsed", or "accredited" by the
Commonwealth of Kentucky, by the Council on Postsecondary Education, or by any
other state agency. A statement using the name of the Council on Postsecondary
Education, if any, shall be in exactly the following form, based on which
statement is applicable to the college:
1.
"(Name of College) is licensed by the Kentucky Council on Postsecondary
Education."; or
2. "(Name of
College) has a religious exemption from the Kentucky Council on Postsecondary
Education to operate or solicit in Kentucky."
(12) Recruitment and enrollment procedures. A
college shall furnish the following to each student prior to enrollment:
(a) The college's policies on grades,
attendance, and conduct;
(b) A
description of the instructional program;
(c) A detailed schedule of all charges,
rentals, and deposits;
(d) The
schedule of refunds of all charges, rentals, and deposits; and
(e) The student enrollment application,
contract, or agreement.
(13) Student affairs.
(a) Students admitted to the college shall
have completed a state-approved secondary school program or its equivalent
unless dually enrolled in high school.
(b) The college shall provide academic
counseling by faculty or staff to each student when admitted and throughout the
program.
(c) The college shall make
assistance and counseling available to each student who completes a technical
or vocational program for the purpose of assisting the student with an
appropriate job placement or with transfer.
(d) The college shall maintain sufficient
records for each student to provide an understanding of his or her background,
to record progress through the instructional program, and for reference
purposes. By January 1, 2022, the college shall maintain all student records in
an electronic format that is searchable and readily transferable consistent
with industry standards. For a college not licensed by the Council prior to
January 1, 2020, the college shall meet this requirement when the college is
licensed.
(e) Administrative
officers of the college shall be knowledgeable of the federal and state laws
and administrative regulations concerning the disclosure of student information
and shall comply with those laws and administrative regulations.
(f) A college shall make provision for the
maintenance of student records if the college ceases operations in accordance
with
KRS
164.020(23). The location of
student records shall be approved in advance by the president.
(14) College policies.
(a) The college shall maintain records in an
orderly manner and make them available for inspection by the president or his
or her designated representative.
(b) A catalog shall be published and
distributed at least every two (2) years and shall include general information,
administrative policies, and academic policies of the college including:
1. General information:
a. Official name and address of the college,
name of the chief administrative officers, members of the governing body, and
names of principal owners;
b. The
college's calendar for the period covered by the catalog including beginning
and ending dates of each term or semester, registration and examination dates,
legal holidays, and other important dates;
c. Names of faculty, including relevant
education and experience; and
d.
Full disclosure of the philosophy and purpose of the college;
2. Administrative policies:
a. Admissions policies and procedures,
applicable to the various programs, including policies regarding granting of
credit for previous education;
b.
Policies and procedures regarding student conduct and behavior and the process
for dealing with cases which culminate in probation or dismissal;
c. Schedules for all tuition and
instructional charges, and refund schedules for the tuition and instructional
charges;
d. Statement of financial
aid available to students; and
e.
Procedures for obtaining transcripts in a timely fashion and at reasonable
cost; and
3. Academic
policies, including:
a. Policy on class
attendance;
b. Description of
grading system;
c. Description of
the degree, diploma, certificate, or other programs, including the course
requirements and the time normally required to complete each degree, diploma,
certificate, or other program; and
d. Full description of the nature and objectives of
all degrees offered.
(c) Refund policy on tuition and other
instructional charges. The refund policy shall meet the minimum requirements
established in this paragraph.
1. If tuition
and other instructional charges are collected in advance of enrollment and the
student fails to enroll, the college shall retain not more than $100, or not
more than ten (10) percent of the tuition and other instructional charges for a
term or semester, whichever is less.
2.
a.
Except as provided in clause b. of this subparagraph, tuition and other
instructional charges shall be charged by the enrollment period, and the
student shall not be obligated for tuition or other instructional charges
relating to an enrollment period that had not begun when the student
withdrew.
b. The president may
approve program tuition for a specific program at a college if a student may
only enroll at the beginning of the program sequence and shall remain in phase.
If program tuition is approved, the college shall refund tuition and other
instructional charges in accordance with its published refund policy that
considers both the coursework completed prior to withdrawal and the coursework
that remains.
3. If a
student withdraws from the college, or if a student fails to attend classes for
a period of thirty (30) days during which classes are in session, the college
shall officially withdraw the student from the college and shall refund an
amount reasonably related to the period for which the student is not enrolled
and shall refund 100 percent of all other tuition and other fees collected by
the college for subsequent enrollment or registration periods unless the
student is enrolled in a program for which program tuition is charged as
specified in subparagraph 2. of this paragraph.
a. After completion of fifty (50) percent of
the enrollment period, the college shall not be required to make refunds of
tuition or other fees for that period.
b. In all other cases, including illness or
accident, the college shall make a refund settlement.
c. Refunds shall be made within thirty (30)
days after notification of withdrawal has been received by the
college.
4. If a college
is accredited by an accrediting agency which has a specific refund policy which
is more favorable to the student, that policy shall be followed.
5. An out-of-state college shall refund in
accordance with this section unless its policy is more favorable to the
student, in which case the latter shall be followed.
Section 9. Failure to
Apply for a License.
(1) If a college which is
subject to this administrative regulation fails to apply for a license, the
president shall notify the college by registered mail of the requirement to
obtain a license.
(2) If a license
application is not then received within sixty (60) days of notification by the
president, the president shall require the chief administrative officer to
appear for a hearing as provided in Section 14 of this administrative
regulation.
(3) If the chief
administrative officer does not appear for the hearing, the president shall
refer the case to the appropriate county attorney for enforcement.
Section 10. Annual Maintenance of
a College's License and Renewal of a College's License.
(1) A college shall submit an Application for
Annual Maintenance of License or for Renewal of License Pursuant to 13 KAR
1:020 to the president by April 1 of each year.
(a) In an odd numbered year, the application
shall contain the following information:
1.
Financial Information:
a. A statement from the
Kentucky Higher Education Assistance Authority related to programs administered
by that agency and from the United States Department of Education related to
programs administered by that department that the college is in good
standing;
b. A letter prepared by
an independent certified public accountant confirming that the college is in
compliance with Section 8(3) of this administrative regulation;
c. Financial statement including assets and
liabilities and an audit report prepared by an independent certified public
accountant within the last year.
2. Institutional information:
a. Name and address of college;
b. Chief executive officer's name, title,
address, phone number, fax number, and email address;
c. Institutional liaison's name, title,
address, phone number, fax number, and email address;
d. A current list of the college's
agents;
e. Copies of articles of
incorporation, charter, constitution, and by-laws if there have been any
changes to the documents within the last two (2) years; and
f. A copy of each articulation agreement the
college has with a Kentucky licensed college or state-supported institution
entered into or changed within the last two (2) years;
3. Accreditation status:
a. If the college is accredited by an
accrediting agency, verification of the college's accreditation status and
documentation of any notice of disciplinary action, warning, or probation from
any state, federal, or accrediting agency within the past two (2) years;
or
b. If an in-state college is not
accredited by an accrediting agency, a statement indicating its intention to
receive accreditation and its timeline for attainment.
4. Tuition for the current enrollment period
per credit hour, specifying semester hour, quarter hour, or other basis, and
per full-time student;
5. A copy of
the college's current catalog;
6.
For an in-state college, a list of all licensed instructional sites away from
the main campus of the in-state college for the purpose of offering courses for
college credit which comprise at least fifty (50) percent of the course
requirements for a degree program, including the name and title of the primary
contact of the off-campus site, address, phone number, and program or programs
by CIP code offered at the site, or course or courses if not offering an entire
degree program at the site;
7.
Program information:
a. Changes, if any, in
program requirements for each program within the last two (2) years including
admission requirements, courses required, and the number of credit hours
required for the program or major;
b. Results of the most recent program
evaluation;
c. Methods used to
assess student achievement;
d.
Results of the most recent assessment of student achievement; and
e. A list of programs withdrawn within the
last two (2) years in which there are no longer students enrolled including
program title, degree level, CIP code, and address where the program is no
longer being offered;
8.
Faculty information: Faculty credentials for each program faculty member
employed within the last two (2) years;
9. Facilities information: Verification of
compliance with all applicable local, state, and federal safety and fire codes;
and
10. Library information
regarding the library collection and budget, and lease, contract, or letter of
agreement authorizing use of another library collection, if any.
(b) In an even numbered year, the
application shall only contain the information required by paragraphs (a)1.b.
and d., and (a)2.a., b., and c., of this subsection. An institution shall
provide any other information listed in paragraph (a) of this subsection upon
request of the council.
(2) The president may conduct, or may have
conducted, a site visit as part of the annual maintenance of a license or
renewal of a license process in accordance with Section 4 of this
administrative regulation.
(3)
Within ninety (90) working days of the submission of a complete and accurate
Application for Annual Maintenance of License or for Renewal of License
Pursuant to 13 KAR
1:020 if a site visit is not conducted, or within ninety
(90) working days of the completion of a site visit, the president shall:
(a) Notify the college of any deficiencies
which shall be corrected before the college's license is maintained or
renewed;
(b) Deny maintenance or
renewal of the college's license;
(c) Maintain the college's license without
changing the college's license renewal date;
(d) Renew the college's license to June 30 of
the next year; or
(e) Issue a
conditional license in accordance with subsection (4) of this section if the
college has:
1. Not met all of the standards
for licensure when the application is filed; and
2. Provided a written business plan to the
president demonstrating it will meet the standards for licensure within a
period not to exceed one (1) year.
(4) A conditional license shall not exceed a
period of one (1) year and shall include the conditions the college shall meet
in order for the college to progress toward and eventually meet the standards
for licensure, including when the college shall report progress to the
president and when the college shall be required to have satisfied all the
conditions.
(a) The college's failure to
satisfy the conditions within the specified timeframe shall:
1. Result in automatic revocation of the
conditional license; or
2. Result
in an extension of the conditional license based on a determination by the
president that the college is making progress in satisfying the conditions in
response to the college's written request for an extension with supporting
justification.
(b) If
the college satisfies all the conditions with the timeframe specified, the
president shall renew the license in accordance with subsection (3)(d) of this
section.
(5) A college's
failure to submit a complete and accurate Application for Annual Maintenance of
License or for Renewal of License Pursuant to 13 KAR
1:020 shall be grounds for
denial of a license, or suspension or revocation of an existing license, and
the president shall notify the college by registered mail, return receipt, of
the denial, suspension, or revocation of the college's license.
Section 11. Required Data
Submission.
(1) A licensed college shall
submit student attendance and performance data in an electronic format. The
required data fields, the format and method of submission, and the dates for
submission shall be in accordance with the Licensure Compliance Reporting
Manual.
(2) The president may
conduct, or may have conducted, a site visit as part of the data submission
process in accordance with Section 4 of this administrative
regulation.
(3) A college's failure
to submit complete, timely, and accurate data shall be sufficient grounds for
denial of a license, or suspension or revocation of an existing license, and
the president shall notify the college by registered mail, return receipt, of
the denial, suspension, or revocation of the college's license.
Section 12. License Expiration.
(1) A license shall automatically expire if
the college ceases operating or soliciting.
(2) A college that ceases operating or
soliciting shall comply with Section 8(13)(f) of this administrative regulation
and
KRS
164.020(23).
Section 13. Consumer Complaint
Procedure. A person with a complaint or grievance involving misrepresentation
against a college licensed under this administrative regulation shall make a
reasonable effort to resolve the complaint or grievance directly with the
college. If a mutually satisfactory solution cannot be reached, the procedures
established in this section shall be followed.
(1) A person shall submit a written complaint
to the president which contains evidence relevant to the complaint and
documentation that a reasonable effort was made to resolve the complaint
directly with the college.
(2) The
president shall require an institution to file a written response setting forth
the relevant facts concerning the consumer complaint, including a statement on
the current status of the complaint, and any resolution of the
complaint.
(3) The president shall
review the facts as presented and may intervene to bring the matter to a
satisfactory conclusion through facilitation, but the facilitation shall not
include legal action on behalf of any party.
Section 14. Hearings and Appeals.
(1) The president shall, for cause, require
the chief administrative officer, or other officers, of a college to appear for
a hearing within thirty (30) working days of notice in order to determine the
facts if the president has determined that:
(a) There is sufficient cause for a
suspension, a revocation of a license, or placement of a college's license in a
probationary status, based upon the college's failure to comply with this
administrative regulation; or
(b) A
college which is subject to this administrative regulation fails to apply for a
license.
(2) The
officer, or other officers, of the college may be accompanied at the hearing by
counsel of their own choosing and at their expense.
(3) Within thirty (30) working days after a
hearing is held or if the college fails to appear for the hearing, the
president shall reach a determination and shall issue findings, in writing, to
the council and to the chief executive officer of the college.
(4) If it is determined that the public
interest requires that sanctions be imposed, the president shall:
(a) Impose one (1) of the following
sanctions:
1. Place the college's license in a
probationary status for a designated period not to exceed one (1) year while
deficiencies are being corrected;
2. Suspend the college's license for a period
not to exceed one (1) year; or
3.
Revoke the college's license; or
(b) Refer the case to other officials for
appropriate legal action.
(5) A college which is sanctioned, whether
the sanction is probation, suspension of license, or revocation of license,
shall comply with the terms of the sanction.
(6) A college may appeal the actions of the
president regarding the denial of issuance of a license or license renewal or
the imposition of sanctions according to the procedures established in this
subsection.
(a) A college shall notify the
president of the intent to appeal an action within fourteen (14) days of the
receipt of the letter notifying the college of the action taken.
(b) The president shall request that the
Office of Administrative Hearings appoint a hearing officer who shall conduct
an administrative hearing consistent with the provisions of
KRS
13B.005- 13B.170.
(c) The appeal shall be presented in writing
no later than sixty (60) days following the receipt of notification of intent
to appeal. The appeal shall be considered on the written record
alone.
(d) The appeals officer
shall review findings of fact, consider testimony, draw conclusions, and
formulate a recommendation consistent with the facts and this administrative
regulation.
(e) Upon completion,
the report of the appeals officer shall be forwarded to the college and to the
president of the Council on Postsecondary Education.
(f) Within thirty (30) working days of
receiving the report of the appeals officer, the president shall take one (1)
of the following actions:
1. Issue a
license;
2. Renew the
license;
3. Impose one (1) of the
sanctions authorized in this section; or
4. Refer the case to other officials for
appropriate action.
Section 15. License Fees.
(1) The president shall assess a fee in
accordance with the Kentucky Licensure Fee Schedule.
(2) Failure to pay a fee shall be sufficient
grounds for denial of a license, or suspension or revocation of an existing
license.
Section 16.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Application for Licensure as an In-State, Non-Public Institution to Operate in
the Commonwealth of Kentucky Pursuant to 13 KAR
1:020 ", February
2021;
(b) "Application for
Licensure as an Out-of-State Institution to Operate in the Commonwealth of
Kentucky Pursuant to 13 KAR
1:020 ", February 2021;
(c) "Supplementary Application for Change of
Name of Institution Pursuant to 13 KAR
1:020 ", February 2021;
(d) "Supplementary Application for Change of
Location of Principal Location of a College or Location of a Licensed
Instructional Site in Kentucky Pursuant to 13 KAR
1:020 ", February
2021;
(e) "Supplementary
Application for Change of Ownership or Governance Pursuant to 13 KAR
1:020 ",
February 2021;
(f) "Supplementary
Application to Operate as an Out-of-State Institution in the Commonwealth of
Kentucky Pursuant to 13 KAR
1:020 ", February 2021;
(g) "Supplementary Application to Operate as
an In-State Nonpublic Institution in the Commonwealth of Kentucky Pursuant to
13 KAR
1:020 ", February 2021;
(h)
"Supplementary Application for Administrative Site, Recruitment Office, or
Advising Center Pursuant to 13 KAR
1:020 ", February 2021;
(i) "Supplementary Application for
Notification of Change in Accreditation or Licensure Status Pursuant to 13 KAR
1:020 ", February 2021;
(j)
"Application for Annual Maintenance of License or for Renewal of License
Pursuant to 13 KAR
1:020 ";
(k)
"Licensure Compliance Reporting Manual", September 8, 2009;
(l) "Kentucky Licensure Fee Schedule",
February 2021; and
(m) "Application
for Religious In-State College Letter of Exemption per
KRS
164.947(2)", February
2021.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Kentucky Council on Postsecondary Education, 100 Airport Road, 2nd Floor,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.