Session Law

Identifying Information:L. 2002 ch. 188
Other Identifying Information:2002 Senate Bill 647
Tax Type:Other
Brief Description:An Act concerning the Kansas higher education coordination act; relating to the financing of postsecondary educational institutions; the powers, duties and functions of the state board of regents; relating to employees thereof; amending K.S.A. 46-247 and K.S.A. 2001 Supp. 71-620, 72-6503, 74-3201b, 74-3202c, 74-3202d, 74-3205a, 74-3205b, 74- 3205c and 74-3205d and repealing the existing sections.
Keywords:


Body:

CHAPTER 188

SENATE BILL No. 647


An Act concerning the Kansas higher education coordination act; relating to the financing

of postsecondary educational institutions; the powers, duties and functions of the state

board of regents; relating to employees thereof; amending K.S.A. 46-247 and K.S.A.

2001 Supp. 71-620, 72-6503, 74-3201b, 74-3202c, 74-3202d, 74-3205a, 74-3205b, 74-


3205c and 74-3205d and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 74-3201b is hereby amended to read

as follows: 74-3201b. As used in the Kansas higher education coordination

act:

(a) ``State board of regents'' or ``state board'' means the state board

of regents provided for in the constitution of this state and established by

K.S.A. 2001 Supp. 74-3202a, and amendments thereto, except as other-

wise specifically provided in this act.

(b) ``State educational institution'' means any state educational insti-

tution, as defined in K.S.A. 76-711, and amendments thereto.

(c) ``Municipal university'' means Washburn university of Topeka

Washburn university of Topeka or any other municipal university estab-

lished under the laws of this state.

(d) ``Community college'' means any community college established

under the laws of this state.

(e) ``Technical college'' means any technical college established under

K.S.A. 72-4468, and amendments thereto the laws of this state.

(f) ``Vocational education school'' means any area vocational school

or area vocational-technical school established under the laws of this state.

(g) ``Public university'' means any state educational institution.

(h) ``Postsecondary educational institution'' means any public univer-

sity, municipal university, community college, technical college and vo-

cational education school, and includes any entity resulting from the con-

solidation or affiliation of any two or more of such postsecondary

educational institutions.

(i) ``Proprietary school'' means any proprietary school as defined in

K.S.A. 72-4919, and amendments thereto. The term proprietary school

does not include within its meaning any school or educational institution

specifically exempted from the definition of proprietary school by the

provisions of K.S.A. 72-4920, and amendments thereto.

(j) ``Adult basic education program'' and ``adult supplementary edu-

cation program'' have the meanings respectively ascribed thereto in

K.S.A. 72-4517, and amendments thereto.

(k) ``Representative of a postsecondary educational institution''

means any person who is the holder of an associate degree, a bachelor's

degree, or a certificate of completion awarded by a postsecondary edu-

cational institution.

Sec. 2. K.S.A. 2001 Supp. 74-3202c is hereby amended to read as

follows: 74-3202c. (a) In the exercise of its leadership role, the state board

of regents shall be an advocate for the provision of adequate resources

and sufficient authority for all postsecondary educational institutions so

that each postsecondary educational institution can realize, within its pre-

scribed mission, role and scope, its full potential to the benefit of the

students who attend such postsecondary educational institution and to

the benefit of all Kansas residents in terms of receiving the benefits of a

highly educated and vocationally trained populace.

(b) In addition to other duties and functions prescribed by law, the

state board of regents shall:

(1) Serve as the representative of the public postsecondary educa-

tional system before the governor and the Kansas legislature;

(2) provide statewide planning for higher education and adopt, from

time to time amend, revise or modify, and administer a comprehensive

plan for coordination of higher education within this state;

(2) (3) determine institutional roles and review institutional missions

and goals for each postsecondary educational institution taking into ac-

count both institutional needs and the needs of the state's system of higher

education as a whole;

(3) (4) develop articulation procedures so that maximum freedom of

transfer among and between postsecondary educational institutions is en-

sured;

(4) approve or disapprove for state funding purposes existing and pro-

posed educational programs, courses of instruction and out-district pro-

gram and course locations

(5) develop and implement, in conjunction with the postsecondary

educational institutions, a comprehensive plan for coordinating all pro-

gram offerings by postsecondary educational institutions. The board shall

not coordinate program offerings that are specifically developed and en-

tirely paid for by an entity which limits enrollment to a class of individuals

who are employees, members or business customers of the entity;

(5) review budget requests and requests for state funding of postse-

condary educational institutions and present

(6) develop a unified budget for higher education state funding of

postsecondary educational institutions and present such budget to the

governor and the legislature each year and receive and allocate the state

funds appropriated for funding of postsecondary educational institutions

in accordance with legislative directives, except as provided in subsection

(e) of K.S.A. 2001 Supp. 74-3202d, and amendments thereto;

(6) (7) approve core indicators of quality performance for postsecon-

dary educational institutions after considering core indicators recom-

mended by each such postsecondary educational institution;

(7) (8) resolve conflicts among and between postsecondary educa-

tional institutions;

(8) (9) develop and implement a comprehensive plan for the utili-

zation of distance learning technologies;

(9) (10) develop each year and recommend to the governor and the

legislature a policy agenda for higher education, which policy agenda shall

assess priorities among proposals for policy change, programatic recom-

mendations, and state funding requests;

(10) (11) conduct continuous studies of ways to maximize the utili-

zation of resources available for higher education in Kansas and initiate

action for improvement;

(11) (12) conduct continuous studies of how state policies affect

higher education and how Kansas economic and demographic trends im-

pact upon accessibility and affordability of postsecondary education to

Kansas residents, and initiate ways to improve such accessibility and af-

fordability;

(12) (13) receive and consider reports, proposals and recommenda-

tions of the commissions and take such actions thereon as are deemed

necessary and appropriate;

(13) (14) report annually on the performance of its functions and

duties to the governor and the legislature; and

(14) (15) exercise such other powers and perform such other func-

tions and duties as are deemed necessary and appropriate to the fulfill-

ment of its constitutional and statutory responsibilities.

(c) Notwithstanding any of the powers, duties and functions con-

ferred and imposed upon the state board of regents under the Kansas

higher education coordination act, the boards of trustees of the com-

munity colleges shall continue to have custody of and be responsible for

the property of their respective community colleges and shall be respon-

sible for the operation, management and control of such community col-

leges, except as otherwise expressly provided by law.

Sec. 3. K.S.A. 2001 Supp. 74-3202d is hereby amended to read as

follows: 74-3202d. (a) During the 2000 fiscal year, the state board of

regents (1) shall review the performance indicators developed by the pos-

tsecondary educational institutions, including the municipal university; (2)

after consideration of the core indicators of quality performance identi-

fied by the respective commissions and with the active involvement of

the postsecondary educational institutions, shall approve those indicators

that the state board determines should be implemented; and (3) shall

select from among the indicators approved for implementation those in-

dicators that will become determinants for the allocation of state moneys

on the basis of performance. The indicators selected may vary among the

postsecondary educational institutions and among institutional sectors

and, if feasible, shall include indicators developed and adopted by the

governing bodies of each postsecondary educational institution based on

the needs of each such postsecondary educational institution.

(b) During the 2001 fiscal year, the postsecondary educational insti-

tutions, including the municipal university, shall develop institutional im-

provement plans showing how they will implement the performance in-

dicators applicable to their institution and how they will measure

performance on the basis of each indicator. Institutional improvement

plans shall be revised and submitted to the state board of regents by each

institution at least every three years. The state board of regents shall

provide technical assistance to institutions in the development, imple-

mentation, and revision of their improvement plans.

(c) Commencing on July 1, 2001, institutional improvement plans

shall be implemented for each postsecondary educational institution, in-

cluding the municipal university. Each postsecondary educational insti-

tution shall begin the data collection, measurement, or other documen-

tation necessary in order for its performance to be evaluated with regard

to each indicator.

(d) Commencing on July 1, 2004, the state board shall have authority

to review and approve institutional improvement plans, and, on the basis

of each plan, shall develop and implement a performance agreement with

each postsecondary educational institution. Performance agreements shall

incorporate the goals, priorities, policies and mission objectives identified

in the institutional improvement plans, and the performance measures,

which will be used to demonstrate compliance and progress.

(e) Commencing on July 1, 2005, each postsecondary educational in-

stitution's receipt of new state funds shall be contingent on achieving

compliance with its performance agreement. As used in this subsection,

``new state funds'' means that amount of state funds by which the amount

received by a postsecondary educational institution for a fiscal year ex-

ceeds the amount received by that postsecondary educational institution

for the preceding fiscal year. The state board shall determine the amount

of new state funds to be received by each postsecondary educational in-

stitution, taking into account the postsecondary educational institution's

level of compliance with its performance agreement and the funds avail-

able for distribution. Any new state funds received by a postsecondary

educational institution pursuant to a performance agreement shall be

deemed to be part of the state funds received in the preceding fiscal year

for the purposes of determining new state funds for the postsecondary

educational institution pursuant to a performance agreement for the en-

suing fiscal year. If a postsecondary educational institution is not allocated

any portion of new state funds in a fiscal year, the new state funds which

the institution was eligible to be allocated by the state board in such fiscal

year shall be deemed part of the state funds received by such institution

in such fiscal year for the purpose of determining such institution's base

budget and any new state funds for the ensuing fiscal year. The failure of

a postsecondary educational institution to enter a performance agreement

with the state board shall prevent that postsecondary educational insti-

tution from receiving any new state funds. Any funds designated by the

legislature for a specific postsecondary educational institution or purpose

shall be exempt from the provisions of this section.

Sec. 4. K.S.A. 2001 Supp. 74-3205a is hereby amended to read as

follows: 74-3205a. (a) For the purpose of expediting the exercise of pow-

ers and the performance of functions and duties of the state board of

regents, there is derived from the state board a commission for com-

munity colleges and vocational/technical education, a commission for

public universities, and a commission for higher education coordination.

Each commission shall be composed of three members who are members

of the state board. At the time a member is appointed to the state board,

the governor shall designate the commission on which the member shall

serve so that each member of the state board is designated for service on

one of the commissions. At no time after July 1, 2002, shall there be more

than one representative of any one postsecondary educational institution

designated for service on a commission. The members of each commis-

sion shall organize annually by electing one member of their respective

commissions as chairperson. The chairperson of the state board may not

serve as the chairperson of a commission.

(b) The provisions of this section shall expire on June 30, 2003.

Sec. 5. K.S.A. 2001 Supp. 74-3205b is hereby amended to read as

follows: 74-3205b. (a) The commission for community colleges and vo-

cational/technical education shall meet at Topeka at least quarterly in each

year on dates fixed by the commission. Special meetings may be held

upon the call of the chairperson of the commission or upon petition to

the chairperson by the other two members of the commission. The date

and place of all special meetings shall be designated in the call. Two

members of the commission shall constitute a quorum for the transaction

of business but one member may adjourn any regular or special meeting

to a definite time and place.

(b) The commission for community colleges and vocational/technical

education shall:

(1) Propose for adoption by the state board rules and regulations for

supervision of the community colleges, technical colleges and vocational

education schools;

(2) provide state wide planning for community colleges, technical col-

leges and vocational education schools.

(3) initiate plans for institutional advancement and new educational

programs and courses of instruction;

(4) review existing and proposed educational programs, courses of

instruction, and program and course locations and make recommenda-

tions to the state board for approval or disapproval of such programs,

courses and locations for state funding purposes;

(5) review requests of community colleges, technical colleges and vo-

cational education schools for state funding and formulate recommen-

dations thereon;

(6) identify core indicators of quality performance for community col-

leges, technical colleges and vocational education schools;

(7) develop each year a policy agenda for community colleges, tech-

nical colleges and vocational education schools;

(8) conduct continuous studies of ways to maximize the utilization of

resources available for community colleges, technical colleges and voca-

tional education schools and formulate recommendations for improve-

ment; and

(9) make reports on the performance of its functions and duties to-

gether with any proposals and recommendations it may formulate with

respect thereto at each regular meeting of the state board.

(c) The provisions of this section shall expire on June 30, 2003.

Sec. 6. K.S.A. 2001 Supp. 74-3205c is hereby amended to read as

follows: 74-3205c. (a) The commission for public universities shall meet

at Topeka at least quarterly in each year on dates fixed by the commission.

Special meetings may be held upon the call of the chairperson of the

commission or upon petition to the chairperson by the other two mem-

bers of the commission. The date and place of all special meetings shall

be designated in the call. Two members of the commission shall constitute

a quorum for the transaction of business but one member may adjourn

any regular or special meeting to a definite time and place.

(b) The commission for public universities shall:

(1) Propose for adoption by the state board of rules and regulations

for operation and management of the state educational institutions;

(2) initiate plans for institutional advancement and new educational

programs and courses of instruction;

(3) formulate budget requests for the state educational institutions;

(4) review existing educational programs and courses of instruction

at the public universities and evaluate the educational and economic jus-

tification, or lack thereof, for such programs and courses;

(5) identify core indicators of quality performance for public univer-

sities;

(6) make recommendations to the state board with respect to the

appointment of chief executive officers of the state educational institu-

tions;

(7) develop each year a policy agenda for public universities;

(8) conduct continuous studies of ways to maximize the utilization of

resources available for public universities and formulate recommenda-

tions for improvement; and

(9) make reports on the performance of its functions and duties to-

gether with any proposals and recommendations it may formulate with

respect thereto at each regular meeting of the state board.

(c) The provisions of this section shall expire on June 30, 2003.

Sec. 7. K.S.A. 2001 Supp. 74-3205d is hereby amended to read as

follows: 74-3205d. (a) The commission for higher education coordination

shall meet at Topeka at least quarterly in each year on dates fixed by the

commission. Special meetings may be held upon the call of the chairper-

son of the commission or upon petition to the chairperson by the other

two members of the commission. The date and place of all special meet-

ings shall be designated in the call. Two members of the commission shall

constitute a quorum for the transaction of business but one member may

adjourn any regular or special meeting to a definite time and place.

(b) The commission for higher education coordination shall:

(1) Conduct continuous review and evaluation of the comprehensive

plan for coordination of higher education and make recommendations as

deemed necessary and appropriate for amendment, revision or modifi-

cation of the plan;

(2) review existing and proposed educational programs, courses of

instruction, and program and course locations and make recommenda-

tions to the state board with respect to the coordination of such programs,

courses and locations;

(3) collect and analyze data and maintain a uniform postsecondary

education data base;

(4) formulate recommendations for resolution of conflicts among and

between postsecondary educational sectors and institutions;

(5) compile and coordinate core indicators of quality performance for

postsecondary educational institutions;

(6) broker affiliations and mergers of postsecondary educational in-

stitutions;

(7) coordinate a state system interface with the municipal university

universities and with private colleges and universities;

(8) formulate budget requests for state student financial assistance

programs; and

(9) make reports on the performance of its functions and duties to-

gether with any proposals and recommendations it may formulate with

respect thereto at each regular meeting of the state board.

(c) On June 30, 2003, the provisions of subsection (a) of this section

shall expire and shall be of no force and effect. On and after June 30,

2003, the powers and duties of the commission for higher education co-

ordination shall be powers and duties of the state board of regents and

the references in subsection (b) to the commission for higher education

coordination shall mean the state board of regents. On and after June 30,

2003, the state board shall have authority to establish and organize such

commissions, committees, advisory councils or other groups as it shall

deem necessary and appropriate to the fulfillment of its constitutional and

statutory responsibilities.

Sec. 8. K.S.A. 2001 Supp. 71-620 is hereby amended to read as fol-

lows: 71-620. (a) In each fiscal year, commencing with the 2001 fiscal

year, each community college is entitled to an operating grant from the

state general fund in an amount to be determined by the state board. The

state board shall:

(1) Determine the average amount of moneys from the state general

fund expended per FTE lower division undergraduate student in the

preceding fiscal year at the regional state educational institutions;

(2) (A) in the 2001 fiscal year, compute 50% of the amount deter-

mined under (1); (B) in the 2002 fiscal year, compute 55% of the amount

determined under (1); (C) in the 2003 fiscal year, compute 60% of the

amount determined under (1); in the 2004 fiscal year and in each fiscal

year thereafter, compute 65% of the amount determined under (1);

(3) determine the total number of FTE students of all the community

colleges;

(4) multiply the amount computed under (2) by the total number of

FTE students determined under (3). Subject to the provisions of subsec-

tion (e) of K.S.A. 2001 Supp. 74-3202d, and amendments thereto, the

product is the total amount of operating grants the community colleges

are entitled to receive for the fiscal year.

(5) Each community college which is not an officially designated area

vocational school shall receive an amount equivalent to the difference

between credit hour state aid received in the 1999 fiscal year for credit

hours in any subject or course approved as a vocational education subject

or course and 11/6 times the amount of credit hour state aid received in

the 1999 fiscal year for credit hours in any subject or course approved as

a vocational education subject or course. The amount determined under

this provision shall be distributed in equal installments in the 2001

through 2004 fiscal years as a part of the community college's operating

grant, but shall not be subject to the provisions of K.S.A. 71-204, and

amendments thereto.

(6) In each fiscal year, the state board, for the purpose of allocating

the amount determined under (4) to the community colleges, shall deduct

the total of the amounts determined under (5) from the amount deter-

mined under (4).

(7) In the 2001 fiscal year, the remaining balance determined under

(6) shall be allocated to each community college according to the ratio

the total amount of state aid received by the community college in the

2000 fiscal year bears to the total amount of state aid received by all

community colleges in the 2000 fiscal year, subject to adjustments for

changes in each community college's FTE enrollment from the 2000 fis-

cal year to the 2001 fiscal year.

(8) In the 2002 fiscal year and in each fiscal year thereafter, the re-

maining balance determined under (6) shall be allocated to each com-

munity college according to the ratio the amount of the operating grant

received by the community college in the prior fiscal year bears to the

total amount of operating grants received by all community colleges in

the prior fiscal year, subject to adjustments for changes in each com-

munity college's FTE enrollment from the prior fiscal year to the current

fiscal year.

(b) In each fiscal year, commencing with the 2003 fiscal year, each

community college is eligible to receive a quality performance grant from

the state general fund. If the state board determines that the community

college has demonstrated effectiveness in complying with its role and

mission statement and has met or exceeded the core indicators of quality

performance for community colleges identified and approved by the state

board, the community college shall receive a quality performance grant

in an amount which shall be determined by the state board by computing

2% of the amount of the operating grant the community college received

in the preceding fiscal year. The computed amount is the amount of the

quality performance grant the community college shall receive for the

fiscal year.

(c) For the purposes of this section, the FTE enrollment of the com-

munity college shall be based on: (1) Enrollment of students who are

residents of the state of Kansas, or are considered residents of the state

of Kansas pursuant to the provisions of K.S.A. 2001 Supp. 71-407, and

amendments thereto; and (2) the greater of FTE enrollment of the com-

munity college in the current fiscal year or FTE enrollment in the pre-

ceding fiscal year.

(d) As used in this section, the term regional state educational insti-

tutions means Emporia state university, Fort Hays state university and

Pittsburg state university and the term lower division undergraduate stu-

dent means a freshman or sophomore.

Sec. 9. K.S.A. 2001 Supp. 72-6503 is hereby amended to read as

follows: 72-6503. (a) In each fiscal year, the university is entitled to an

operating grant from the state general fund in an amount to be deter-

mined by the state board. The state board shall:

(1) Determine the average amount of moneys from the state general

fund expended per FTE lower division undergraduate student in the

preceding fiscal year at the regional state educational institutions;

(2) (A) in the 2002 fiscal year, compute 55% of the amount deter-

mined under (1); (B) in the 2003 fiscal year, compute 60% of the amount

determined under (1); (C) in the 2004 fiscal year and in each fiscal year

thereafter, compute 65% of the amount determined under (1);

(3) multiply the amount computed under (2) by the number of FTE

students of the university. Subject to the provisions of subsection (e) of

K.S.A. 2001 Supp. 74-3202d, and amendments thereto, the product is the

amount of the operating grant the university is entitled to receive for the

fiscal year.

(b) In each fiscal year, commencing with the 2003 fiscal year, the

university is eligible to receive a quality performance grant from the state

general fund. If the state board determines that the university has dem-

onstrated effectiveness in complying with its mission and goals statement

and has met or exceeded the core indicators of quality performance iden-

tified and approved for the university by the state board, the university

shall receive a quality performance grant in an amount which shall be

determined by the state board by computing 2% of the amount of the

operating grant the university received in the preceding fiscal year. The

computed amount is the amount of the quality performance grant the

university shall receive for the fiscal year.

(c) (1) For the purposes of this section, the FTE enrollment of the

university shall be based on: (A) Enrollment of students who are residents

of the state of Kansas; and (B) the greater of FTE enrollment in the

second or third fiscal year preceding the fiscal year for which the appro-

priation for the operating grant is made.

(2) As used in this section, the term regional state educational insti-

tutions means Emporia state university, Fort Hays state university and

Pittsburg state university and the term lower division undergraduate stu-

dent means a freshman or sophomore.

(d) Moneys received as state grants from the state general fund shall

not be expended for the purpose of expansion of graduate programs or

for the purpose of expansion of off-campus programs without the prior

approval of the state board.

Sec. 10. K.S.A. 46-247 is hereby amended to read as follows: 46-247.

The following individuals shall file written statements of substantial in-

terests, as provided in K.S.A. 46-248 to 46-252, inclusive, and amend-

ments thereto:

(a) Legislators and candidates for nomination or election to the leg-

islature;.

(b) Individuals holding an elected office in the executive branch of

this state, and candidates for nomination or election to any such office;.

(c) State officers, employees and members of boards, councils and

commissions under the jurisdiction of the head of any state agency who

are listed as designees by the head of a state agency pursuant to K.S.A.

46-285, and amendments thereto;.

(d) Individuals whose appointment to office is subject to confirmation

by the senate whether or not such individual is a state officer or em-

ployee;.

(e) General counsels for state agencies irrespective of how compen-

sated;.

(f) The administrator or executive director of the education commis-

sion of the states, the interstate compact on agricultural grain marketing,

the Mo-Kan metropolitan development district and agency compact, the

Kansas City area transportation district and authority compact, the mid-

west nuclear compact, the central interstate low-level radioactive waste

compact, the multistate tax compact, the Kansas-Oklahoma Arkansas river

basin compact, the Kansas-Nebraska Big Blue river compact, and the

multistate lottery;.

(g) Private consultants under contract with any agency of the state of

Kansas to evaluate bids for public contracts or to award public contracts.

(h) From and after January 1, 2003, any faculty member or other

employee of a postsecondary educational institution as defined by K.S.A.

2001 Supp. 74-3201b, and amendments thereto, who provides consulting



Date Composed: 10/10/2002 Date Modified: 10/10/2002