CHAPTER 143
SENATE BILL No. 380
An Act concerning postsecondary educational institutions; relating
to certain tuition, fees
and financial assistance; authorizing certain tuition and fee
waivers for certain national
fellowship recipients; revising the definition of eligible
institution and affecting the
amount of awards made under the Kansas ethnic minority scholarship
program; amend-
ing K.S.A. 74-3284, 74-3287, 74-3288, 74-3289 and 76-719c and
K.S.A. 1999 Supp. 74-
3286 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-3284 is hereby
amended to read as follows: 74-
3284. As used in this act:
(a) ``Kansas ethnic minority scholarship
program'' means a program
under which the state, in response to growing concerns over loss of
scho-
lastically talented ethnic minority students to
colleges and universities
institutions of postsecondary education in other states,
the need to en-
hance the diversity of the student population at Kansas
institutions of
postsecondary education, and the barriers to ethnic minority
student en-
rollment at Kansas colleges and universities
institutions of postsecondary
education and for the purpose of enabling and encouraging
scholastically
talented ethnic minority students to remain in Kansas for the
attainment
of educational goals and fulfillment of career aspirations,
provides finan-
cial assistance through the award of Kansas ethnic minority
scholarships
to Kansas ethnic minority scholars.
(b) ``Kansas ethnic minority
scholarship'' means a financial award by
this state under this act to a Kansas ethnic minority scholar.
(c) ``Kansas ethnic minority scholar''
means a person who: (1) Is a
resident of Kansas; (2) is a member of an ethnic minority group;
(3) has
been accepted for admission to or is enrolled full time in
a degree an
educational program at an eligible
educational institution; (4) has estab-
lished financial need; and (5) has qualified for the award of a
Kansas
ethnic minority scholarship on the basis of having demonstrated
scholastic
educational ability, or who has previously so qualified and
remains qual-
ified for the renewal of a Kansas ethnic minority scholarship on
the basis
of maintaining full-time enrollment in a degree
an educational program
at an eligible educational institution, remaining
in good standing, and
making satisfactory progress toward completion of the requirements
for
the award of a degree or certificate of completion.
(d) ``Eligible
educational institution'' means: (1) Any
state educational
institution under the control and supervision of the state
board of regents;
(2) the municipal university established under the
provisions of article
13a of chapter 13 of Kansas Statutes Annotated; (3) any
accredited in-
dependent institution as defined in K.S.A. 72-6107, and
amendments
thereto; and (4) any community college organized and
operating under
the laws of this state an institution of
postsecondary education which
maintains open enrollment, the main campus or principal place of
oper-
ation of which is located in Kansas, and which qualifies as an
eligible
institution under the higher education act of 1965 (P.L.
89-329), as
amended.
(e) ``Ethnic minority group'' means a
group of persons categorized
as: (1) American Indian or Alaskan Native; (2) Asian or Pacific
Islander;
(3) Black, non-Hispanic; or (4) Hispanic.
(f) ``American Indian or Alaskan Native''
means a person having ori-
gins in any of the original peoples of North America and who
maintains
cultural identification through tribal affiliation or community
recognition.
(g) ``Asian or Pacific Islander'' means a
person having origins in any
of the original peoples of the far east, southeast Asia, the Indian
subcon-
tinent, or pacific islands. This includes, but not by way of
limitation, per-
sons from China, Japan, Korea, the Philippine Islands, Samoa, India
and
Vietnam.
(h) ``Black, non-Hispanic'' means a
person having origins in any of
the black racial groups of Africa (except those of Hispanic
origin).
(i) ``Hispanic'' means a person of
Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin,
regardless
of race.
(j) ``Financial need'' means the
difference between the available fi-
nancial resources of a Kansas ethnic minority scholar and the
scholar's
total anticipated expenses to attend an eligible
educational institution. A
scholar's financial resources shall include: (1) Four
hundred fifty dollars
each year from the scholar's own work and resources; and
(2) a contri-
bution from the income and assets of the scholar's parents,
if sufficient,
as be determined by a completed
financial needs analysis statement and
based upon the accepted on the basis of
criteria of a nationally recognized
financial needs analysis agency provided under
the federal methodology
of need analysis. Financial need shall be determined
annually.
(k) ``Semester'' means:
(1) one of two principal terms when there are
only two principal terms in the academic year of an eligible
educational
institution; or (2) the equivalent of a semester as defined
in provision (1)
when there are more than two principal whether
or not there are other
shorter terms in during the
same academic year of an the
eligible edu-
cational institution.
(l) ``Term'' means one of two or more
substantially equivalent divi-
sions of an the academic year of an
eligible educational institution.
(m) ``Program period'' means the
duration of the period of time, or
any division thereof, required for completion of a vocational or
technical
education program which is given in an eligible
institution.
(n) ``Open enrollment'' means the
policy of an institution of postse-
condary education which provides the opportunity of enrollment
for any
student who meets its academic and other reasonable enrollment
require-
ments, without regard for race, gender, religion, creed,
ethnicity or na-
tional origin.
Sec. 2. K.S.A. 1999 Supp. 74-3286
is hereby amended to read as
follows: 74-3286. (a) A Kansas ethnic minority scholarship shall
provide
for payment to a Kansas ethnic minority scholar of an amount in
each
academic year not to exceed $1,500 for an academic
year an amount equal
to 75% of the average amount of the total tuition and required
fees of full-
time, in-state students. A Kansas ethnic minority scholar
may receive a
Kansas ethnic minority scholarship for not more than eight
semesters of
undergraduate study or the equivalent thereof, except that a Kansas
eth-
nic 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. The
state board of regents shall determine the equivalent of a
semester when
any program period or all or part of the terms for which a
Kansas ethnic
minority scholar is awarded a Kansas ethnic minority scholarship
are not
semesters.
(b) A Kansas ethnic minority scholar who
is also eligible to receive a
Kansas comprehensive grant or a state scholarship may be awarded
such
grant or scholarship, or both, in addition to a Kansas ethnic
minority
scholarship. 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
Kansas comprehensive grant, or both, exceed an amount equal to
the
amount of the scholar's financial need for the period.
Sec. 3. K.S.A. 74-3287 is hereby
amended to read as follows: 74-
3287. The state board of regents shall adopt rules and regulations
for
administration of the provisions of this act and shall:
(a) Publicize the Kansas ethnic minority
scholarship program and the
manner and method of qualifying for designation as a Kansas ethnic
mi-
nority scholar and for the award of a Kansas ethnic minority
scholarship;
(b) provide application forms and
forms for determining financial
need;
(c) determine residence, as provided by
law, of applicants for Kansas
ethnic minority scholarships;
(d) establish a system for identifying
and categorizing members of
ethnic minority groups;
(e) determine eligibility of applicants
for Kansas ethnic minority
scholarships;
(f) determine the evidence deemed
necessary to be submitted as
proof of scholastic educational
ability;
(g) designate Kansas ethnic minority
scholars;
(h) notify each person who qualifies for
designation as a Kansas ethnic
minority scholar and for the award of a Kansas ethnic minority
scholarship
or who remains qualified as a Kansas ethnic minority scholar for
the re-
newal of a Kansas ethnic minority scholarship;
(i) approve and award or renew Kansas
ethnic minority scholarships;
(j) determine the equivalent of a
semester as defined in provision (1)
of subsection (k) of K.S.A. 74-3284 for the
purposes of provision (2) of
such subsection purpose of awarding Kansas
ethnic minority scholarships
for any program period or term that is not a semester;
(k) define full time enrollment;
(l) provide for apportionment of Kansas
ethnic minority scholarships
if appropriations therefor are insufficient for payment in full to
all Kansas
ethnic minority scholars;
(m) request any eligible
educational institution to furnish any infor-
mation relating to and necessary for administration of this act;
and
(n) determine the average amount of
tuition and fees required of full-
time, in-state students for enrollment at the state educational
institutions;
and
(n) (o) evaluate
the Kansas ethnic minority scholarship program an-
nually, and make a report thereon to the governor and
legislature.
Sec. 4. K.S.A. 74-3288 is hereby
amended to read as follows: 74-
3288. In accordance with the rules and regulations of the state
board of
regents, each person who desires to be designated as a Kansas
ethnic
minority scholar and to receive a Kansas ethnic minority
scholarship shall:
(a) Complete and file an application for
a Kansas ethnic minority
scholarship;
(b) submit the evidence required as proof
of scholastic educational
ability; and
(c) submit a completed financial
needs analysis statement; and
(d) report promptly any
information requested relating to adminis-
tration of this act.
Sec. 5. K.S.A. 74-3289 is hereby
amended to read as follows: 74-
3289. (a) Kansas ethnic minority scholarships may be paid annually
for
two semesters or the equivalent thereof, and may be
allocated equally
between the semesters or the equivalent of semesters, or
otherwise, as
determined by the state board of regents. Kansas ethnic minority
schol-
arships shall be paid at a time or times to be determined by the
state
board of regents upon certification by an eligible institution that
a Kansas
ethnic minority scholar is enrolled full time in a
degree an educational
program. Payments of Kansas ethnic minority scholarships shall be
made
upon vouchers approved by the administrative officer of the state
board
of regents designated by it the state board
and upon warrants of the
director of accounts and reports. Payments of Kansas ethnic
minority
scholarships may be made by the issuance of a single warrant to
each
eligible educational institution at which a Kansas
ethnic minority scholar
is enrolled for the total amount of Kansas ethnic minority
scholarships
for all Kansas ethnic minority scholars enrolled at that
institution. The
director of accounts and reports shall cause such warrant to be
delivered
to the eligible educational institution at which
such scholar or scholars
are enrolled. Upon receipt of such warrant, the eligible
educational in-
stitution shall credit immediately the account of each Kansas
ethnic mi-
nority scholar enrolled at that institution by an amount specified
by the
board of regents for each such scholar.
(b) If a Kansas ethnic minority scholar
discontinues attendance be-
fore the end of any semester or equivalent thereof, after an
eligible ed-
ucational institution has received payment under
this section, the eligible
educational institution shall pay to the state:
(1) The entire amount which
such scholar would otherwise qualify to have refunded not to exceed
the
amount of the payment made under a Kansas ethnic minority
scholarship
for the semester or equivalent thereof; or (2) if a Kansas
ethnic minority
scholar has received payments under any federal program of student
as-
sistance in the semester, the state's pro rata share of the entire
amount
which such scholar would otherwise qualify to have refunded, not to
ex-
ceed the amount of the payment made under a Kansas ethnic
minority
scholarship for the semester or equivalent thereof.
(c) All amounts paid to the state by an
eligible educational institution
under subsection (b) shall be deposited in the state treasury and
credited
to the Kansas ethnic minority scholarship discontinued attendance
fund,
which is hereby created. All expenditures from the Kansas ethnic
minority
scholarship discontinued attendance fund shall be for Kansas ethnic
mi-
nority scholarships.
Sec. 6. K.S.A. 76-719c is hereby
amended to read as follows: 76-
719c. (a) Within the limitations of appropriations therefor,
the state board
of regents may authorize any state educational institution to award
grants
to graduate students in the form of fellowships or scholarships.
With the
approval of the board of regents, a state educational institution
shall im-
pose upon such awards such standards, conditions and requirements
as
shall be designed to foster the growth, distinction and stability
of the state
educational institution and the quality of its postgraduate and
doctoral
programs and pursuits.
(b) Subject to the provisions of
appropriation acts and in accordance
with policies adopted by the state board of regents, on and
after August
1, 2001, the chancellor or president of each state educational
institution,
in the discretion of the chancellor or president, may grant a
tuition and
fee waiver to one or more graduate students of the state
educational in-
stitution who is awarded a national fellowship and who is not
determined
to be a Kansas resident under K.S.A. 76-719 and amendments
thereto,
and any policies adopted thereunder. Each such tuition and fee
waiver
shall be in addition to any other financial assistance, grants
or tuition or
fee waivers and shall be in an amount equal to the difference
between the
aggregate amount of resident tuition and fees and nonresident
tuition and
fees for the course of study such graduate student has enrolled
in at the
state educational institution.
Sec. 7. K.S.A. 74-3284, 74-3287, 74-3288, 74-3289
and 76-719c and
K.S.A. 1999 Supp. 74-3286 are hereby repealed.
Sec. 8. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 15, 2000.
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