HOUSE BILL No. 2758

      An Act concerning higher education; providing for the Kansas comprehensive grant pro-
      gram; rescinding the limitation on vocational education scholarships; amending K.S.A.
      72-4461, 72-6816 and 74-3286 and K.S.A. 1997 Supp. 74-32,120, 74-32,121, 74-32,122,
      74-32,123, 74-32,124 and 74-32,125 and repealing the existing sections; also repealing
      K.S.A. 74-3290 and K.S.A. 1997 Supp. 72-6107, 72-6108, 72-6109, 72-6110, 72-6111,
      72-6112 and 72-6113.

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

    Section 1. K.S.A. 1997 Supp. 74-32,120 is hereby amended to read
as follows: 74-32,120. As used in this act: (a) ``Regents supplemental Kan-
sas comprehensive grant program'' means a program under which the
state, in recognition that the provision of higher education for all residents
of the state who have the desire and ability to obtain such education is
an important public purpose and in response to the concern that many
residents of the state are deterred by financial considerations from at-
tending the state institutions of higher education, provides assistance to
students with financial need through the award of regents supplemental
grants.

    (b) ``Regents supplemental Kansas comprehensive grant'' means an
award of financial assistance under the regents supplemental Kansas com-
prehensive grant program to an eligible regents Kansas student.

    (c) ``Financial need'' means the difference between a student's avail-
able financial resources and the student's total anticipated cost of attend-
ance at a certain state Kansas educational institution. A student's financial
resources shall be based upon the accepted criteria of a financial need
analysis agency selected by the board of regents. Financial need shall be
determined at least annually determined on the basis of criteria provided
under the federal methodology of need analysis.

    (d) ``Full-time, in-state student'' means a person who is or is consid-
ered a resident of Kansas and who is enrolling or enrolled at a state Kansas
educational institution in a course of study of for at least 12 credit hours
each semester or the equivalent thereof. The board of regents shall de-
termine the number of hours for terms other than semesters to constitute
the equivalent of 12 credit hours.

    (e) ``Eligible regents Kansas student'' means a full-time, in-state stu-
dent who has established financial need and who is initially acceptable
for entering a state Kansas educational institution or who has so entered
and is in good standing and making satisfactory progress toward gradua-
tion.

    (f) ``State Kansas educational institution'' has the meaning ascribed
thereto in K.S.A. 76-711, and amendments thereto means a state edu-
cational institution under the control and supervision of the board of
regents, a municipal university, or a not-for-profit independent institution
of higher education which is accredited by the north central association
of colleges and secondary schools accrediting agency based on its require-
ments as of April 1, 1985, is operated independently and not controlled
or administered by the state or any agency or subdivision thereof, main-
tains open enrollment, and the main campus or principal place of oper-
ation of which is located in Kansas.

    (g) ``Open enrollment'' means the policy of an institution of higher
education which provides the opportunity of enrollment for any student
who meets its academic and other reasonable enrollment requirements,
without regard for race, gender, religion, creed or national origin.

    (g) (h) ``Board of regents'' means the state board of regents provided
for in the constitution of this state and described in article 32 of chapter
74 of Kansas Statutes Annotated.

    (h) (i) ``Term'' means one of two or more divisions of an academic
year of a state Kansas educational institution in which substantially all
courses begin and end at substantially the same time, and during which
instruction is regularly given to students.

    (i) (j) ``Semester'' means one of two principal terms, when there are
only two principal terms in the academic year, whether or not there are
other shorter terms during the same academic year.

    Sec. 2. K.S.A. 1997 Supp. 74-32,121 is hereby amended to read as
follows: 74-32,121. A regents supplemental Kansas comprehensive grant
may be awarded to any eligible regents Kansas student enrolled at any
state Kansas educational institution. An eligible regents A Kansas student
may be awarded regents supplemental grants for not more than eight
semesters of undergraduate study or the equivalent thereof, except that
an eligible regents a student may be awarded regents supplemental grants
for not more than an additional two semesters of study, or the equivalent
thereof, when the requirements of the educational program in which the
eligible regents student is enrolled include the completion of a fifth year
of study. The board of regents shall determine the equivalent of a se-
mester when all or part of the terms for which an eligible regents a Kansas
student is awarded a regents supplemental Kansas comprehensive grant
are not semesters.

    Sec. 3. K.S.A. 1997 Supp. 74-32,122 is hereby amended to read as
follows: 74-32,122. (a) The amount of a regents supplemental Kansas
comprehensive grant awarded to an eligible regents a Kansas student for
the fall and spring semesters, or the equivalent thereof, shall be (1) for a
student enrolled at a state educational institution or municipal university,
the amount of the student's financial need for the period, except that a
regents supplemental grant awarded to such a student in any year shall
not exceed an amount equal to one-half of the average amount of the
total tuition and fees required of full-time, in-state students for enroll-
ment at the state educational institutions for two semesters or the equiv-
alent thereof, and (2) for a student enrolled at an independent institution
of higher education, the amount of the student's financial need for the
period, except that a grant awarded to such a student in any year shall
not exceed the lesser of an amount equal to the total tuition and required
fees of the student for two semesters, or the equivalent thereof, or an
amount equal to one-half of the difference between the average amount
of the total tuition and required fees of full-time, in-state students who
are enrolled at the state educational institutions and the average amount
of the total tuition and required fees of full-time, in-state students who
are enrolled at the independent institutions of higher education.

    (b) When regents supplemental Kansas comprehensive grants are
awarded to an eligible regents a Kansas student for one or more terms
that are not semesters, the board of regents shall determine the equiva-
lent of the fall and spring semesters.

    Sec. 4. K.S.A. 1997 Supp. 74-32,123 is hereby amended to read as
follows: 74-32,123. (a) A regents supplemental Kansas comprehensive
grant may be paid annually for both the fall and spring semesters, or the
equivalent thereof. Payments under any such regents supplemental grant
shall be allocated equally between the semesters, when the student plans
to attend two semesters in an academic year, and otherwise as specified
by the board of regents. Regents supplemental Kansas comprehensive
grants shall be paid at the beginning of each semester or other term upon
certification by the state Kansas educational institution that the student
is enrolled and is an eligible regents a Kansas student. Payments of re-
gents supplemental Kansas comprehensive grants shall be made upon
pursuant to vouchers approved by the administrative officer of the board
of regents designated by the board upon warrants of the director of ac-
counts and reports. Payments of regents supplemental Kansas compre-
hensive grants may be made by the issuance of a single warrant to each
state Kansas educational institution at which an eligible regents a Kansas
student is enrolled for the total amount of regents supplemental grants
for all eligible regents Kansas students enrolled at that institution. The
director of accounts and reports shall cause such warrant to be delivered
to the state Kansas educational institution at which such student or stu-
dents are enrolled. Upon receipt of such warrant, the amount thereof
shall be credited to the regents supplemental Kansas comprehensive grant
fund of the state Kansas educational institution and allocated within the
fund to the account of each eligible regents Kansas student enrolled at
that institution. The amount to be credited to the account of each such
student shall be specified by the board of regents.

    (b) If a student discontinues attendance before the end of any se-
mester or other term, after the state Kansas educational institution has
received payment under this section, the institution shall debit the ac-
count of the student by an amount equal to the entire amount which such
student would otherwise qualify to have refunded, not to exceed the
amount credited to the account of the student under the regents supple-
mental Kansas comprehensive grant program at the beginning of such
semester or term and, if the student has received payments under any
federal program of student assistance in the semester or other term, less
an amount equal to the pro rata share of such entire amount which is
attributable to the assistance received by the student under such federal
program or programs.

    (c) All amounts debited by a state Kansas educational institution un-
der subsection (b) shall be reallocated within the regents supplemental
Kansas comprehensive grant fund of the institution to the account of other
eligible regents Kansas students as specified by the board of regents.

    Sec. 5. K.S.A. 1997 Supp. 74-32,124 is hereby amended to read as
follows: 74-32,124. (a) The board of regents shall administer the regents
supplemental Kansas comprehensive grant program and shall:

    (1) Provide information regarding application procedures;

    (2) adopt rules and regulations for determining financial need and
cost of attendance at the state Kansas educational institutions, selecting
financial need analysis agencies, determining the average amount of tui-
tion and fees required of full-time, in-state students for enrollment at the
state educational institutions, the municipal university, and the inde-
pendent institutions of higher education, determining residence, deter-
mining priority or apportionment of regents supplemental Kansas com-
prehensive grants and other matters necessary for administration of the
program;

    (3) allocate as base funding to each Kansas educational institution the
amount of Kansas comprehensive grant funds awarded to the institution
for fiscal year 1999; or, in the event funding is less than that provided for
fiscal year 1999, the pro-rated share of that appropriation;

    (4) appoint a five-member advisory committee, including two repre-
sentatives from state educational institutions, two representatives from
not-for-profit independent institutions, and one representative from a mu-
nicipal university, to recommend annually to the board of regents the
formula to be used in apportioning funds in excess of the fiscal year 1999
appropriation to the Kansas educational institutions according to the for-
mula based on financial need;

    (3) (5) approve eligible regents Kansas students for the award of re-
gents supplemental Kansas comprehensive grants; and

    (4) (6) evaluate the regents supplemental Kansas comprehensive
grant program annually, and make a report thereon to the governor and
legislature for the period.

    (b) Rules and regulations adopted by the board of regents to deter-
mine residence for the purpose of the regents supplemental grant pro-
gram shall be consistent with rules and regulations adopted pursuant to
subsection (a) of K.S.A. 76-729, and amendments thereto. Persons meet-
ing any one or more of the qualifications of persons whom the board of
regents may authorize to pay an amount equal to resident fees for en-
rollment at the state educational institutions, as provided in subsection
(b) of K.S.A. 76-729, and amendments thereto, shall be considered resi-
dents of Kansas.

    (c) The board of regents may provide for apportionment of regents
supplemental Kansas comprehensive grants if appropriations therefor are
insufficient to pay all approved grants.

    Sec. 6. K.S.A. 1997 Supp. 74-32,125 is hereby amended to read as
follows: 74-32,125. Each applicant for a regents supplemental Kansas
comprehensive grant, in accordance with the rules and regulations of the
board of regents, shall:

    (a) Complete and file an application for a regents supplemental grant.

    (b) Report promptly to the board of regents and to the state Kansas
educational institution at which the applicant is enrolled or enrolling any
information requested relating to administration of the regents supple-
mental Kansas comprehensive grant program.

    (c) File a new application annually on the basis of which eligibility
for renewal of a regents supplemental grant shall be evaluated and de-
termined.

    Sec. 7. K.S.A. 72-6816 is hereby amended to read as follows: 72-
6816. Any student who has applied for a tuition Kansas comprehensive
grant shall make note of such application when reporting such student's
financial resources required by K.S.A. 72-6810, and amendments thereto.
Any student who has received a tuition Kansas comprehensive grant shall
list that the grant among such student's financial resources as required
by K.S.A. 72-6810, and amendments thereto.

    Sec. 8. K.S.A. 74-3286 is hereby amended to read as follows: 74-
3286. (a) A Kansas ethnic minority scholarship shall provide for pay-
ment to a Kansas ethnic minority scholar of an amount not to exceed
$1,500 for an academic year. A Kansas ethnic minority scholar may re-
ceive a Kansas ethnic minority scholarship for not more than eight se-
mesters of undergraduate study or the equivalent thereof, except that a
Kansas ethnic minority scholar may receive a Kansas ethnic minority
scholarship for not more than an additional two semesters of study or the
equivalent thereof when the requirements of the degree program in
which the scholar is enrolled include the completion of a fifth year of
study.

    (b) Subject to the provisions of subsection (c), A Kansas ethnic mi-
nority scholar who is also eligible to receive a tuition Kansas comprehen-
sive grant or a state scholarship, under the provisions of articles 61 or 68
of chapter 72 of Kansas Statutes Annotated, may be awarded such tuition
grant or state scholarship, or both, in addition to a Kansas ethnic minority
scholarship. The amount received by a Kansas ethnic minority scholar
under a Kansas ethnic minority scholarship shall not be considered in
determining financial need under the tuition grant program or the state
scholarship program nor shall the amount received by a Kansas ethnic
minority scholar under the tuition grant program or the state scholarship
program be considered in determining financial need under the Kansas
ethnic minority scholarship program.

    (c) In no event shall the amount awarded to a Kansas ethnic minority
scholar under a Kansas ethnic minority scholarship or the total of any
amounts awarded thereunder and under a state scholarship or a tuition
Kansas comprehensive grant, or both, exceed an amount equal to the
amount of the scholar's financial need for the period.

    Sec. 9. K.S.A. 72-4461 is hereby amended to read as follows: 72-
4461. (a) Within the limits of appropriations therefor and in accordance
with the provisions of this act:

    (a) (1) The board of regents may: (1) (A) Award a vocational educa-
tion scholarship to every person who is enrolled in or accepted for ad-
mission to a vocational education program at a designated educational
institution and who qualifies on the basis of the results of a competitive
examination of vocational education ability and aptitude for designation
as a vocational education scholar and for the award of a vocational edu-
cation scholarship; and (2) (B) renew the award of a vocational education
scholarship to every person who is currently designated as a vocational
education scholar and who qualifies on the basis of satisfactory perform-
ance in a vocational education program at a designated educational insti-
tution for the renewal of the award of a vocational education scholarship.;

    (b) (2) in each school year, commencing with the 1987-88 school year,
the board of regents shall may designate as vocational education scholars
and award vocational education scholarships to the 100 those applicants
therefor who exhibit the greatest ability and aptitude for vocational ed-
ucation. An applicant who fails to be designated as a vocational education
scholar and to be awarded a vocational education scholarship shall not be
disqualified from applying therefor in a later school year so long as all
requirements for eligibility to apply for such designation and award are
met.;

    (c) (3) in each school year, commencing with the 1988-89 school year,
the board of regents shall may renew the award of vocational education
scholarships to all vocational education scholars who remain eligible and
qualified.

    (d) (b) A vocational education scholar who is eligible for the award
of a state scholarship under the provisions of article 68 of chapter 72 of
Kansas Statutes Annotated may be awarded such state scholarship in ad-
dition to a vocational education scholarship. The amount received by a
vocational education scholar under a vocational education scholarship
shall not be considered in determining financial need under the state
scholarship program.

    Sec. 10. K.S.A. 72-4461, 72-6816, 74-3286 and 74-3290 and K.S.A.
1997 Supp. 72-6107, 72-6108, 72-6109, 72-6110, 72-6111, 72-6112, 72-
6113, 74-32,120, 74-32,121, 74-32,122, 74-32,123, 74-32,124 and 74-
32,125 are hereby repealed.

    Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above Bill originated in the House,
and passed that body

__________________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Aproved __________________________________

__________________________________

Governor.