Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
164.020(23),
164.945,
164.946,
164.947,
164.992,
165A.320-165A.450
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
164.540(3) authorizes the
Council on Postsecondary Education to promulgate an administrative regulation
to enter into the State Authorization Reciprocity Agreement, which establishes
uniform national standards for interstate offerings of postsecondary distance
education and authorizes postsecondary educational institutions meeting those
standards located in member states or territories to provide distance education
to residents of other member states.
KRS
164.540(3) also authorizes
the council to serve as the lead or portal agency on behalf of the
Commonwealth's public and private postsecondary institutions seeking to offer
distance education in member states. This administrative regulation establishes
the mechanism by which Kentucky institutions may join the State Authorization
Reciprocity Agreement and sets forth the process by which non-resident students
can file complaints against Kentucky member institutions.
Section 1. Definitions.
(1) "Commission" means the Kentucky
Commission on Proprietary Education.
(2) "Council" means the Kentucky Council on
Postsecondary Education.
(3)
"Degree" means an award conferred at the associate level or higher by an
institution as official recognition for the successful completion of a program
of studies.
(4) "Institution" means
a Kentucky degree-granting postsecondary entity.
(5) "NC-SARA" means the National Council for
State Authorization Reciprocity Agreements.
(6) "President" means the President of the
Kentucky Council on Postsecondary Education.
(7) "State Authorization Reciprocity
Agreement," or "SARA," means the agreement among member states, districts, and
U.S. territories that establishes comparable national standards for interstate
offering of degrees through distance education and authorizes institutions
meeting those standards located in member states or territories to provide
distance education to residents of other member states.
Section 2. Initial Application Procedures.
(1) To participate in SARA, an institution
shall submit the following items to the president for review and action:
(a) The current NC-SARA Application and
Approval Form for Institutional Participation in SARA, in electronic format;
and
(b) The fees due to the
Council, in accordance with Section 6 of this administrative
regulation.
(2) The
application referenced in subsection (1)(a) of this section may be found online
at
www.nc-sara.org.
Section 3. Renewal Application
Procedures.
(1) To continue participating in
SARA, an institution shall submit the following items to the president for
review and action at least sixty (60) days before the anniversary date of the
institution's initial approval:
(a) The
current NC-SARA Application for Institutional Renewal to Participate in SARA,
in electronic format; and
(b) The
fees due to the council, in accordance with Section 6 of this administrative
regulation.
(2) The
application referenced in subsection (1)(a) of this section may be found online
at
www.nc-sara.org.
Section 4. Standards for Approval.
To participate in SARA, an institution shall:
(1) Maintain authorization to operate in
Kentucky through one (1) of the following:
(a)
Creation by Kentucky Revised Statutes;
(b) Licensure by the council; or
(c) Licensure by the commission;
and
(2) Meet the current
minimum requirements to participate in SARA.
Section 5. Consumer Complaints.
(1) After first exhausting the institution's
internal procedure for complaint resolution, a non-resident student may file a
complaint against the institution for failure to comply with any SARA standard
within two (2) years of the incident about which the complaint is
made.
(2) To be considered, a
complaint shall be submitted by the student in writing and include:
(a) The name, address, email address, and
phone number of the student;
(b)
The name of the institution;
(c)
The location of the institution;
(d) The dates of attendance;
(e) An explanation of the steps taken to
exhaust the institution's grievance process;
(f) A full description of the issue and any
relevant documentation supporting the complaint; and
(g) The desired resolution of the
complaint.
(3)
Complaints regarding student grades or student conduct violations shall not be
considered.
(4) The president shall
forward the complaint by email to the institution and require a written
response no later than thirty (30) days from the date of transmittal.
(5) After review of information and materials
provided by the student and the institution, the president may request
additional information from either party.
(6) After review of all relevant information
and materials, the president shall facilitate a resolution of the complaint.
The relief provided the student, if any, shall be commensurate with the
circumstances.
(7) Resolution of a
complaint by the president shall be final, except in instances where the
subject matter of the complaint may violate any other applicable
laws.
(8) The president shall
provide to the executive director of the commission, for reference purposes, a
copy of:
(a) Any complaint initiated against
an institution licensed by the commission;
(b) The resolution; and
(c) Any related materials.
Section 6. Fees. The
council shall charge an initial and annual renewal fee to institutions based on
all enrolled full-time equivalent students, which shall be due at the time of
application. Applications shall not be reviewed without receipt of fee payment.
Failure to pay a fee on or before the date of application shall be sufficient
grounds for denial of an application. Fees shall be in addition to any fees
charged by NC-SARA and shall be in accordance with the following schedule:
(1) Under 2,500 full-time equivalent students
- $4,500;
(2) 2,500 full-time
equivalent students - 9,999 - $7,500; or
(3) 10,000 or more full-time equivalent
students - $10,500.
Section
7. Appeals. An institution denied approval for an initial or
renewal application may request an appeal of that decision in accordance with
the terms of this subsection.
(1) The
institution shall notify the president of the intent to appeal the decision
within seven (7) days of the receipt of the notice of denial.
(2) 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.
(3) The appeal
shall be presented in writing no later than thirty (30) days following the
receipt of notification of intent to appeal.
(4) The appeals officer shall review findings
of fact, consider testimony, draw conclusions, and formulate a recommendation
consistent with the facts and this administrative regulation.
(5) Upon completion, the report of the
appeals officer shall be forwarded to the institution and to the
president.
(6) Within thirty (30)
working days of receiving the report of the appeals officer, the president
shall either uphold the decision or approve the application.
STATUTORY AUTHORITY:
KRS
164.540(3)(c)