164.020 Powers and duties of council.
Download pdf
Loading PDF...
<![CDATA[ Page 1 of 6 164.020 Powers and duties of council. The Council on Postsecondary Education in Kentucky shall: <br>(1) Develop and implement the strategic agenda with the advice and counsel of the Strategic Committee on Postsecondary Education. The council shall provide for and <br>direct the planning process and subsequent strategic implementation plans based on <br>the strategic agenda as provided in KRS 164.0203; (2) Revise the strategic agenda and strategic implementation plan with the advice and counsel of the committee as set forth in KRS 164.004; (3) Develop a system of public accountability related to the strategic agenda by evaluating the performance and effectiveness of the state's postsecondary system. <br>The council shall prepare a report in conjunction with the accountability reporting <br>described in KRS 164.095, which shall be submitted to the committee, the <br>Governor, and the General Assembly by December 1 annually. This report shall <br>include a description of contributions by postsecondary institutions to the quality of <br>elementary and secondary education in the Commonwealth; (4) Review, revise, and approve the missions of the state's universities and the Kentucky Community and Technical College System. The Council on <br>Postsecondary Education shall have the final authority to determine the compliance <br>of postsecondary institutions with their academic, service, and research missions; (5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively provide for an integrated system of postsecondary education. The council shall <br>guard against inappropriate and unnecessary conflict and duplication by promoting <br>transferability of credits and easy access of information among institutions; (6) Engage in analyses and research to determine the overall needs of postsecondary education and adult education in the Commonwealth; (7) Develop plans that may be required by federal legislation. The council shall for all purposes of federal legislation relating to planning be considered the "single state <br>agency" as that term may be used in federal legislation. When federal legislation <br>requires additional representation on any "single state agency," the Council on <br>Postsecondary Education shall establish advisory groups necessary to satisfy federal <br>legislative or regulatory guidelines; (8) Determine tuition and approve the minimum qualifications for admission to the state postsecondary educational system. In defining residency, the council shall <br>classify a student as having Kentucky residency if the student met the residency <br>requirements at the beginning of his or her last year in high school and enters a <br>Kentucky postsecondary education institution within two (2) years of high school <br>graduation. In determining the tuition for non-Kentucky residents, the council shall <br>consider the fees required of Kentucky students by institutions in adjoining states, <br>the resident fees charged by other states, the total actual per student cost of training <br>in the institutions for which the fees are being determined, and the ratios of <br>Kentucky students to non-Kentucky students comprising the enrollments of the <br>respective institutions, and other factors the council may in its sole discretion deem <br>pertinent; Page 2 of 6 (9) Devise, establish, and periodically review and revise policies to be used in making recommendations to the Governor for consideration in developing <br>recommendations to the General Assembly for appropriations to the universities, <br>the Kentucky Community and Technical College System, and to support strategies <br>for persons to maintain necessary levels of literacy throughout their lifetimes <br>including but not limited to appropriations to the Kentucky Adult Education <br>Program. The council has sole discretion, with advice of the Strategic Committee on <br>Postsecondary Education and the executive officers of the postsecondary education <br>system, to devise policies that provide for allocation of funds among the universities <br>and the Kentucky Community and Technical College System; (10) Lead and provide staff support for the biennial budget process as provided under KRS Chapter 48, in cooperation with the committee; (11) (a) Except as provided in paragraph (b) of this subsection, review and approve all capital construction projects covered by KRS 45.750(1)(f), including real <br>property acquisitions, and regardless of the source of funding for projects or <br>acquisitions. Approval of capital projects and real property acquisitions shall <br>be on a basis consistent with the strategic agenda and the mission of the <br>respective universities and the Kentucky Community and Technical College <br>System. (b) The organized groups that are establishing community college satellites as branches of existing community colleges in the counties of Laurel, Leslie, and <br>Muhlenberg, and that have substantially obtained cash, pledges, real property, <br>or other commitments to build the satellite at no cost to the Commonwealth, <br>other than operating costs that shall be paid as part of the operating budget of <br>the main community college of which the satellite is a branch, are authorized <br>to begin construction of the satellite on or after January 1, 1998; (12) Require reports from the executive officer of each institution it deems necessary for the effectual performance of its duties; (13) Ensure that the state postsecondary system does not unnecessarily duplicate services and programs provided by private postsecondary institutions and shall promote <br>maximum cooperation between the state postsecondary system and private <br>postsecondary institutions. Receive and consider an annual report prepared by the <br>Association of Independent Kentucky Colleges and Universities stating the <br>condition of independent institutions, listing opportunities for more collaboration <br>between the state and independent institutions and other information as appropriate; (14) Establish course credit, transfer, and degree components as required in KRS 164.2951; (15) Define and approve the offering of all postsecondary education technical, associate, baccalaureate, graduate, and professional degree, certificate, or diploma programs in <br>the public postsecondary education institutions. The council shall expedite wherever <br>possible the approval of requests from the Kentucky Community and Technical <br>College System board of regents relating to new certificate, diploma, technical, or <br>associate degree programs of a vocational-technical and occupational nature. <br>Without the consent of the General Assembly, the council shall not abolish or limit Page 3 of 6 the total enrollment of the general program offered at any community college to <br>meet the goal of reasonable access throughout the Commonwealth to a two (2) year <br>course of general studies designed for transfer to a baccalaureate program. This <br>does not restrict or limit the authority of the council, as set forth in this section, to <br>eliminate or make changes in individual programs within that general program; (16) Eliminate, in its discretion, existing programs or make any changes in existing academic programs at the state's postsecondary educational institutions, taking into <br>consideration these criteria: <br>(a) Consistency with the institution's mission and the strategic agenda; <br>(b) Alignment with the priorities in the strategic implementation plan for achieving the strategic agenda; (c) Elimination of unnecessary duplication of programs within and among institutions; and (d) Efforts to create cooperative programs with other institutions through traditional means, or by use of distance learning technology and electronic <br>resources, to achieve effective and efficient program delivery; (17) Ensure the governing board and faculty of all postsecondary education institutions are committed to providing instruction free of discrimination against students who <br>hold political views and opinions contrary to those of the governing board and <br>faculty; (18) Review proposals and make recommendations to the Governor regarding the establishment of new public community colleges, technical institutions, and new <br>four (4) year colleges; (19) Postpone the approval of any new program at a state postsecondary educational institution, unless the institution has met its equal educational opportunity goals, as <br>established by the council. In accordance with administrative regulations <br>promulgated by the council, those institutions not meeting the goals shall be able to <br>obtain a temporary waiver, if the institution has made substantial progress toward <br>meeting its equal educational opportunity goals; (20) Ensure the coordination, transferability, and connectivity of technology among postsecondary institutions in the Commonwealth including the development and <br>implementation of a technology plan as a component of the strategic agenda; (21) Approve the teacher education programs in the public institutions that comply with standards established by the Education Professional Standards Board pursuant to <br>KRS 161.028; (22) Constitute the representative agency of the Commonwealth in all matters of postsecondary education of a general and statewide nature which are not otherwise <br>delegated to one (1) or more institutions of postsecondary learning. The <br>responsibility may be exercised through appropriate contractual relationships with <br>individuals or agencies located within or without the Commonwealth. The authority <br>includes but is not limited to contractual arrangements for programs of research, <br>specialized training, and cultural enrichment; Page 4 of 6 (23) Maintain procedures for the approval of a designated receiver to provide for the maintenance of student records of the public institutions of higher education and the <br>colleges as defined in KRS 164.945, and institutions operating pursuant to KRS <br>165A.310 which offer collegiate level courses for academic credit, which cease to <br>operate. Procedures shall include assurances that, upon proper request, subject to <br>federal and state laws and regulations, copies of student records shall be made <br>available within a reasonable length of time for a minimum fee; (24) Monitor and transmit a report on compliance with KRS 164.351 to the director of the Legislative Research Commission for distribution to the Health and Welfare <br>Committee; (25) Develop in cooperation with each state postsecondary educational institution a comprehensive orientation program for new members of the council and the <br>governing boards. The orientation program shall include but not be limited to the <br>information concerning the roles of the council, the strategic agenda and the <br>strategic implementation plan, and the respective institution's mission, budget, <br>plans, policies, strengths, and weaknesses; (26) Develop a financial reporting procedure to be used by all state postsecondary education institutions to ensure uniformity of financial information available to state <br>agencies and the public; (27) Select and appoint a president of the council under KRS 164.013; <br>(28) Employ consultants and other persons and employees as may be required for the council's operations, functions, and responsibilities; (29) Promulgate administrative regulations, in accordance with KRS Chapter 13A, governing its powers, duties, and responsibilities as described in this section; (30) Prepare and present by January 31 of each year an annual status report on postsecondary education in the Commonwealth to the Governor, the Strategic <br>Committee on Postsecondary Education, and the Legislative Research Commission; (31) Consider the role, function, and capacity of independent institutions of postsecondary education in developing policies to meet the immediate and future <br>needs of the state. When it is found that independent institutions can meet state <br>needs effectively, state resources may be used to contract with or otherwise assist <br>independent institutions in meeting these needs; (32) Create advisory groups representing the presidents, faculty, nonteaching staff, and students of the public postsecondary education system and the independent colleges <br>and universities; (33) Develop a statewide policy to promote employee and faculty development in all postsecondary institutions and in state and locally operated secondary area <br>technology centers through the waiver of tuition for college credit coursework in the <br>public postsecondary education system. Any regular full-time employee of a <br>postsecondary public institution or a state or locally operated secondary area <br>technology center may, with prior administrative approval of the course offering <br>institution, take a maximum of six (6) credit hours per term at any public Page 5 of 6 postsecondary institution. The institution shall waive the tuition up to a maximum <br>of six (6) credit hours per term; (34) Establish a statewide mission for adult education and develop a twenty (20) year strategy, in partnership with the Kentucky Adult Education Program, under the <br>provisions of KRS 164.0203 for raising the knowledge and skills of the state's adult <br>population. The council shall: <br>(a) Promote coordination of programs and responsibilities linked to the issue of adult education with the Kentucky Adult Education Program and with other <br>agencies and institutions; (b) Facilitate the development of strategies to increase the knowledge and skills of adults in all counties by promoting the efficient and effective coordination <br>of all available education and training resources; (c) Lead a statewide public information and marketing campaign to convey the critical nature of Kentucky's adult literacy challenge and to reach adults and <br>employers with practical information about available education and training <br>opportunities; (d) Establish standards for adult literacy and monitor progress in achieving the state's adult literacy goals, including existing standards that may have been <br>developed to meet requirements of federal law in conjunction with the <br>Collaborative Center for Literacy Development: Early Childhood through <br>Adulthood; and (e) Administer the adult education and literacy initiative fund created under KRS 164.041; (35) Participate with the Kentucky Department of Education, the Kentucky Board of Education, and postsecondary education institutions to ensure that academic content <br>requirements for successful entry into postsecondary education programs are <br>aligned with high school content standards and that students who master the high <br>school academic content standards shall not need remedial courses. The council <br>shall monitor the results on an ongoing basis; (36) Cooperate with the Kentucky Department of Education and the Education Professional Standards Board in providing information sessions to selected <br>postsecondary education content faculty and teacher educators of the high school <br>academic content standards as required under KRS 158.6453(2)(j); and (37) Exercise any other powers, duties, and responsibilities necessary to carry out the purposes of this chapter. Nothing in this chapter shall be construed to grant the <br>Council on Postsecondary Education authority to disestablish or eliminate any <br>college of law which became a part of the state system of higher education through <br>merger with a state college. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 108, sec. 2, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 101, sec. 13, effective March 25, 2009. -- Amended 2006 Ky. Acts <br>ch. 211, sec. 101, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 42, sec. 1, <br>effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 37, sec. 3, effective July 15, <br>2002. -- Amended 2000 Ky. Acts ch. 192, sec. 1, effective July 14, 2000; and Page 6 of 6 ch. 526, secs. 3 and 27, effective July 14, 2000. -- Amended 1997 (1st Extra. Sess.) <br>Ky. Acts ch. 1, sec. 74, effective May 30, 1997. -- Amended 1996 Ky. Acts ch. 184, <br>sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 31, sec. 6, effective <br>July 15, 1994. </p>
<BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content -->
<BR class=clear></DIV>
<!-- /div id = livearea -->
<DIV></DIV><!-- /.col.one -->
<DIV></DIV><!-- /.col.main -->
<DIV></DIV><!-- /#content --><BR class=clear>
<DIV></DIV><!-- /#livearea -->
<!-- Footer-->
<DIV id=footer>
<DIV class=container>
<P class=copyright>Copyright © 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright -->
<P class=footerlinks><A
href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A
href="/terms.html">Terms</A> | <A
href="/privacy.html">Privacy</A></P><!-- /.footerlinks -->
</DIV><!-- /.container -->
</DIV><!-- /footer -->
</BODY></HTML>
]]>