CHAPTER 151
HOUSE BILL No. 2014
An Act concerning higher education; relating to professional
service scholarships for pro-
spective osteopaths, optometrists, nurses, teachers and national
guard officers; amending
K.S.A. 74-3267a, 74-3268, 74-3268a, 74-3271, 74-3272, 74-3273,
74-3291, 74-3293, 74-
3294, 74-3297, 74-3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103,
74-32,105 and 74-
32,106 and K.S.A. 2000 Supp. 74-3256, 74-3257, 74-3258, 74-3259,
74-3260, 74-3265,
74-3266, 74-3267, 74-3292, 74-3295, 74-3296, 74-3298, 74-32,104,
74-32,107, 74-
32,112, 74-32,113, 74-32,114, 74-32,115, 74-32,116, 74-32,117,
74-32,118, 74-32,131,
74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-32,137
and 74-32,138 and
repealing the existing sections; also repealing K.S.A. 74-3223,
74-3224, 74-3225, 74-
3226, 74-3227, 74-3228, 74-3246, 74-3247, 74-3248 and
74-3269.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp.
74-3265 is hereby amended to read as
follows: 74-3265. (a) Within the limits of appropriations
therefor for os-
teopathic medical service scholarships, and in accordance
with the pro-
visions of this section, the state board of regents may
award such schol-
arships in accordance with the provisions of this
section to Kansas
residents who are undergraduate students enrolled in or admitted to
ac-
credited schools of osteopathic medicine in a course of instruction
leading
to the degree of doctor of osteopathy and who enter into a
written agree-
ment with the state board of regents as provided in
accordance with
K.S.A. 74-3266, and amendments thereto.
(b) Osteopathic medical service
scholarships awarded under this sec-
tion shall be in effect during
for the period of time provided
specified in
subsection (c) and shall provide to the person receiving the
scholarship
the payment of all tuition and required fees for one year
up to a maximum
of $15,000 an amount not to exceed the maximum
amount of a loan au-
thorized to be made under the medical student loan act.
(c) Osteopathic medical service
scholarships awarded under this sec-
tion shall be awarded on an annual basis and shall
be in effect for one
year unless otherwise terminated before the expiration of
such period of
time. A Kansas resident who is an undergraduate student enrolled in
or
admitted to an accredited school of osteopathic medicine in a
course of
instruction leading to the degree of doctor of osteopathy may be
awarded
a separate scholarship for each
separate year the student enters into a
written agreement with the state board of regents
under as provided in
K.S.A. 74-3266, and amendments thereto, up to a maximum of
four years.
For each separate year a student is awarded a
scholarship under this
section, the student shall engage in the
full-time practice of medicine and
surgery in Kansas for a the period of
12 months time specified in subsec-
tion (a)(3) of K.S.A. 74-3266, and amendments thereto,
unless such ob-
ligation is otherwise satisfied as provided in K.S.A.
74-3268, and amend-
ments thereto.
(d) The state board of regents shall not
award more than 15 osteo-
pathic medical service scholarships in any year to persons
who have not
previously been awarded such a scholarship under
this section and, in any
case, the state board shall not award more than 60
such scholarships under
this section in any year. In selecting Kansas
residents to be awarded os-
teopathic medical service scholarships under this
section, the state board
shall first consider give primary consideration
to students commencing
their first year of instruction at accredited schools of
osteopathic medicine
and thereafter shall consider students in later years of
instruction.
Sec. 2. K.S.A. 2000 Supp. 74-3266
is hereby amended to read as
follows: 74-3266. (a) An agreement entered into by the state board
of
regents and a Kansas resident who is an undergraduate student
enrolled
in or admitted to an accredited school of osteopathic medicine in a
course
of instruction leading to the degree of doctor of osteopathy for
the award-
ing of a an osteopathic medical service
scholarship under K.S.A. 74-3265
and amendments thereto shall require that the
person receiving the schol-
arship:
(1) Complete the required course of
instruction and receive the de-
gree of doctor of osteopathy;
(2) apply for and obtain a license to
practice medicine and surgery in
Kansas;
(3) except as otherwise provided in
subsection (c), engage in the full-
time practice of medicine and surgery in Kansas
on a full-time basis for
a period of 12 months in Kansas for each year a
scholarship was received
or on a part-time basis for a period equivalent to 12 months, as
determined
by the state board of regents, for each year a scholarship was
received;
(4) (A) with regard to persons
entering into agreements entered into
prior to July 1, 1993 the effective date of
this act, commence such full-
time or part-time practice of medicine and surgery within
nine months
after licensure or within nine months after completion of
a an approved
postgraduate residency training program and
licensure, whichever is
later, and continue such full-time practice in
Kansas for a consecutive
period of months equal to the total number of months required
under
the agreement;
(B) with regard to persons entering
into agreements entered into af-
ter July 1, 1993 the effective date of this
act, commence such full-time or
part-time practice of medicine and surgery within
nine six months after
licensure or within nine six months after
completion of an approved post-
graduate residency training program as
defined in this section and licen-
sure, whichever is later, and continue such
full-time practice in Kansas
for a consecutive period of months equal to the total number of
months
required under the agreement;
(5) agree that the service commitment for
each agreement entered
into under this section is in addition to the service commitment
contained
in any other agreement which has been or may be entered into
under
this section for the purpose of obtaining scholarship aid;
(6) maintain records and make reports to
the state board of regents
to document the satisfaction of the obligation
under such agreement to
engage in the full-time or part-time practice of medicine
and surgery in
Kansas and to continue such full-time practice for
a consecutive period
of months equal to the total number of months required under the
agree-
ment; and
(7) repay amounts to the state board
of regents as provided in K.S.A.
74-3267, and amendments thereto, upon failure to
satisfy an agreement
to engage in the full-time or part-time
practice of medicine and surgery
in Kansas for the required period of time under any
such agreement, the
person receiving a scholarship under K.S.A. 74-3265 and
amendments
thereto shall repay amounts to the state board of regents
as provided in
K.S.A. 74-3267 and amendments thereto entered
into as provided in this
section.
(b) (1) Each Kansas student
who enters into an agreement under this
section after June 30, 1988, shall serve the practice
obligations incurred
by such student under such agreement within an area of the
state des-
ignated as a service commitment area I pursuant to K.S.A.
76-375 and
amendments thereto. Such student shall select a service
commitment area
I in accordance with the provisions of K.S.A. 76-375 and
amendments
thereto and shall be subject to the provisions of
subsections (c) and (d)
of such K.S.A. 76-375 and amendments thereto in the same
manner and
to the same effect as a person required to engage in the
full-time practice
of medicine and surgery in a service commitment area I
pursuant to any
agreement under K.S.A. 76-373 through 76-377a and
amendments
thereto, except that in lieu of informing or notifying the
university of
Kansas school of medicine of certain matters under the
provisions of
subsections (c) and (d) of such K.S.A. 76-375 and
amendments thereto
such student shall inform and notify the state board of
regents thereof.
(2) Except as
otherwise provided in subsection (c), each Kansas stu-
dent who enters into an agreement under as
provided in this section after
June 30, 1993, shall serve the practice
obligations incurred by such stu-
dent under such the agreement in
any county of this state other than
Douglas, Johnson, Sedgwick, Shawnee or Wyandotte
counties a rural
area or a medically underserved area.
(c) (1) A person awarded
a an osteopathic medical service
scholarship
in accordance with the provisions of K.S.A. 74-3265 through
74-3268 and
amendments thereto may satisfy the obligation to
engage in the practice
of medicine and surgery, under an agreement
entered into pursuant to
this section, even though such person is engaged in practice in an
area
not designated a rural area or a medically underserved area
by specialty,
or a critically medically underserved area by specialty, or
is engaged in
practice in Douglas, Johnson, Sedgwick, Shawnee or
Wyandotte counties,
through employment by the state of Kansas on a part-time
basis by the
state of Kansas, which employment
has been approved by the state board
of regents, for the practice of medicine and surgery at any state
medical
care facility or institution.
(d) (2) For
all the purposes under
of this section subsection,
service
or employment after June 30, 1988, on a part-time
basis at a state medical
care facility or institution shall be on
the a part-time basis of at least the
equivalent of 1/2 time in order to shall
satisfy practice obligations under
the obligation to engage in the full-time practice of medicine
and surgery
in Kansas for a period of 12 months for each year a scholarship
was
received as provided in an agreement entered into under this
section.
(e)
(d) As used in this section and K.S.A. 74-3267
and amendments
thereto For the purposes of the osteopathic
medical service scholarship
program (1) ``state medical care facility or institution''
has the meaning
ascribed thereto by in subsection (k) of
K.S.A. 76-375, and amendments
thereto; and (2) ``approved postgraduate residency
training program''
means a residency training program in general
pediatrics, general internal
medicine, pediatrics, family medicine, family practice,
obstetrics and gy-
necology, or emergency medicine; (3) ``medically
underserved area''
means a practice location designated medically underserved by
the state
board of regents; and (4) ``rural area'' means any county of
this state other
than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte
counties.
Sec. 3. K.S.A. 2000 Supp. 74-3267
is hereby amended to read as
follows: 74-3267. (a) (1) Except as otherwise provided in K.S.A.
74-3268,
and amendments thereto, upon the failure of any person to satisfy
the
obligation to engage in the full-time or part-time practice
of medicine
and surgery within the state of Kansas for the required period of
time
under any an agreement entered into
pursuant to as provided in K.S.A.
74-3265 and 74-3266, and amendments
thereto, such person shall repay
to the state board of regents an amount equal to the total of (1)
the
amount of money received by such person pursuant to such
agreement
plus (2) annual accrued interest at
a rate of 15% from the date such money
was received at a rate which is equivalent to the interest rate
applicable
to loans made under the federal PLUS program at the time such
person
first entered into an agreement plus five percentage
points.
(2) Any person who applies for and enters
a postgraduate residency
training program that is not an approved program as provided in
this
section shall be required to repay all moneys received
pursuant to as
provided in an agreement entered into for any
scholarship awarded under
K.S.A. 74-3265 74-3266, and amendments
thereto, plus accumulated ac-
crued interest at an annual rate of 15%
from the date such moneys were
received at a rate which is equivalent to the interest rate
applicable to
loans made under the federal PLUS program at the time such
person first
entered into an agreement plus five percentage points and
shall commence
such repayment in accordance with subsection (b) within 90 days of
grad-
uation from the school of osteopathic medicine or upon termination
or
completion of a residency training program which does not comply
with
the provisions of this act, whichever is later.
(3) Any person who enters and completes
an approved postgraduate
residency training program but fails to satisfy the obligation to
engage in
the full-time or part-time practice of medicine and surgery
within a serv-
ice commitment area of this state for the required
period of time shall
be required to repay all money received pursuant to an agreement
en-
tered into for any scholarship awarded under
K.S.A. 74-3865 74-3266,
and amendments thereto, plus accumulated
accrued interest at an annual
rate of 15% from the date such money was
received at a rate which is
equivalent to the interest rate applicable to loans made under
the federal
PLUS program at the time such person first entered into an
agreement
plus five percentage points and shall commence such
repayment in ac-
cordance with subsection (b) within 90 days of failure to
commence qual-
ifying practice satisfy the obligation.
(b) Each person required to repay any
amount under this section shall
repay an amount totaling the entire amount to be repaid under all
such
agreements for which such obligations are not
satisfied, including all
amounts of interest at the rate prescribed. Except as otherwise
provided
in this section, such repayment shall be in installment payments
and each
such installment shall be not less than the
an amount equal to 1/5 of the
total amount which would be required to be paid if repaid in five
equal
annual installments.
(c) Except as otherwise provided in
this section subparts (2) and (3)
of subsection (a), all installment payments under this
section shall com-
mence six months after the date of the action or circumstance that
causes
the failure of the person to satisfy the obligations of such
agreements, as
determined by the state board of regents based upon the
circumstances
of each individual case. If an installment payment becomes 91 days
over-
due, the entire amount outstanding shall become immediately due
and
payable, including all amounts of interest at the rate
prescribed.
(d) The total repayment obligation
imposed under all agreements en-
tered into under as provided in K.S.A.
74-3266, and amendments thereto,
may be satisfied at any time prior to graduation from the
accredited school
of osteopathic medicine by making a single lump sum payment equal
to
the total of (1) the entire amount to be repaid under all such
agreements
upon failure to satisfy the obligations under such agreements to
practice
in Kansas, plus (2) all amounts of interest accrued thereon
at the rate
prescribed to the date of payment under this
section.
(e) The state board of regents is
authorized to turn any repayment
account arising under the osteopathic medical service
scholarship pro-
gram over to a designated loan servicer or collection agency,
the state not
being involved other than to receive payments from the loan
servicer or
collection agency at the interest rate prescribed under this
section.
Sec. 4. K.S.A. 74-3267a is hereby
amended to read as follows: 74-
3267a. There is hereby created in the state treasury the
osteopathic med-
ical service scholarship repayment fund. The state board of
regents shall
remit all moneys received under K.S.A. 74-3247, 74-3248
and 74-3267,
and amendments thereto, to the state treasurer at least monthly.
Upon
receipt of each such remittance the state treasurer shall deposit
the entire
amount thereof in the state treasury, and such amount shall be
credited
to the osteopathic medical service scholarship repayment
fund. All ex-
penditures from the osteopathic medical service scholarship
repayment
fund shall be for osteopathic medical service scholarships
under K.S.A.
74-3265 and amendments thereto, and shall be made
in accordance with
appropriation acts upon warrants of the director of accounts and
reports
issued pursuant to vouchers approved by the executive officer of
the state
board of regents or a person designated by the executive
officer.
Sec. 5. K.S.A. 74-3268 is hereby
amended to read as follows: 74-
3268. (a) An obligation to engage in the practice of medicine and
surgery
in accordance with an agreement under K.S.A. 74-3266, and
amendments
thereto, shall be postponed: (1) During any required period
of active
military service; (2) during any period of service as a part of
volunteers
in service to America (VISTA); (3) during any period of service in
the
peace corps; (4) during any period of service commitment to the
United
States public health service; (5) during any period of religious
missionary
work conducted by an organization exempt from tax under
subsection (c)
of section 501(c)(3) of the federal
internal revenue code of 1954, as
amended as in effect on December 31, 2000;
(6) during the any period of
time the person obligated is engaged solely in the teaching of
medicine;
(7) during the any period of time the
person obligated is engaged solely
in medical research; or (8) during any period of
temporary medical dis-
ability during which time the person
obligated is unable because of such
temporary medical disability to practice medicine and
surgery; (9) during
any period of time the person obligated is on job-protected
leave under
the federal family and medical leave act of 1993; or (10) during
any period
of time the state board of regents determines that the person
obligated is
unable because of special circumstances to practice medicine and
surgery.
Except for clause clauses (8) of
this subsection (a), (9) and (10), an obli-
gation to engage in the practice of medicine and surgery in
accordance
with an agreement under K.S.A. 74-3266, and amendments
thereto, shall
not be postponed more than five years from the time the practice
of
medicine and surgery was to have been commenced under any such
agreement. An obligation to engage in the practice of medicine and
sur-
gery in accordance with an agreement under K.S.A. 74-3266, and
amend-
ments thereto, shall be postponed under clause (8)
of this subsection (a)
during the period of time the medical disability exists. An
obligation to
engage in the practice of medicine and surgery in accordance
with an
agreement under K.S.A. 74-3266, and amendments thereto, shall be
post-
poned under clause (9) during the period of time the person
obligated
remains on FMLA leave. An obligation to engage in the practice
of med-
icine and surgery in accordance with an agreement under K.S.A.
74-3266,
and amendments thereto, shall be postponed under clause (10)
during the
period of time the state board of regents determines that the
special cir-
cumstances exist. The state board of regents shall adopt rules
and regu-
lations prescribing criteria or guidelines for determination of
the existence
of special circumstances causing an inability to practice
medicine and
surgery, and shall determine the documentation required to prove
the
existence of such circumstances.
(b) An obligation to engage in the
practice of medicine and surgery
in accordance with an agreement under K.S.A. 74-3266, and
amendments
thereto, shall be satisfied: (1) If the obligation to engage
in the practice
of medicine and surgery in accordance with an agreement
under K.S.A.
74-3266 has been completed in accordance with
the agreement; (2) if the
person obligated dies; (3) if, because of permanent physical
disability, the
person obligated is unable to practice medicine and surgery; (4) if
the
person obligated fails to satisfy the requirements for a degree of
doctor
of osteopathy after such person has made
their making the best efforts
effort possible to obtain such degree; or (5) if the person
obligated fails
to satisfy all requirements for a permanent license to practice
medicine
and surgery in Kansas or any other jurisdiction or has been denied
a
license after such the person has applied
for a license and has made their
the best efforts effort possible to
obtain a license.
Sec. 6. K.S.A. 74-3268a is hereby
amended to read as follows: 74-
3268a. If a person fails to satisfy an obligation to engage in the
full-time
practice of medicine and surgery in Kansas for the required period
of
time under an agreement entered into pursuant to
as provided in K.S.A.
74-3223 to 74-3228, inclusive, 74-3246 to 74-3248,
inclusive, or 74-3265
to 74-3267, inclusive 74-3266, and
amendments thereto, because such
person is engaged in the practice of medicine and surgery in a
state other
than Kansas, and if such person is subject to or currently making
repay-
ments under any such statutes agreement,
and if such person subse-
quently commences the practice of medicine and surgery in this
state
which complies in compliance with the
agreements entered into under
such statutes agreement, the balance of the
repayment amount, including
interest thereon, from the time of such
commencement of the practice
of medicine and surgery in this state until the obligation
of such person
is satisfied, or until the time such person again becomes subject
to re-
payments, shall be waived. All repayment amounts due prior to
such com-
mencement of practice in this state, including interest thereon,
shall con-
tinue to be payable as provided in such statutes
the agreement. If
subsequent to such commencement of practice in
this state, the person
fails to satisfy such the obligation to
practice for the period of time spec-
ified in the agreement, the person again shall be subject to
repayments,
including interest thereon, as otherwise provided
in such statutes the
agreement.
Sec. 7. K.S.A. 74-3271 is hereby
amended to read as follows: 74-
3271. An agreement entered into by the state board of regents and
a
Kansas resident who is an undergraduate student enrolled in or
admitted
to an accredited school or college of optometry pursuant to a
contract
which provides for guaranteed admission and continued enrollment
of
such person therein and which was entered into for such purpose
under
K.S.A. 76-721a, and amendments thereto, shall require
that the person:
(a) Complete the required course of
instruction in optometry and
receive the degree therefor;
(b) apply for and obtain a license to
practice optometry in Kansas;
(c) engage in the
full-time practice of optometry in Kansas on a
full-
time basis for a period of 12 months in
Kansas for each year in which
such person is so enrolled in the school or
college of optometry and for
which an annual amount is paid therefor by the state board
of regents
therefor pursuant to a contract under K.S.A.
76-721a, and amendments
thereto, or engage in the practice of optometry in Kansas on a
part-time
basis for a period equivalent to 12 months, as determined
by the state
board of regents, for each year in which such person is enrolled
in the
school or college of optometry and for which an annual amount is
paid
therefor by the state board of regents pursuant to a contract
under K.S.A.
76-721a, and amendments thereto;
(d) (1) with regard to persons
entering into an agreement prior to
the effective date of this act, commence such full-time
or part-time prac-
tice of optometry within nine months after licensure and continue
such
full-time practice in Kansas for a consecutive
period of months equal to
the total number of months required under the agreement;
(2) with regard to persons entering
into an agreement after the effec-
tive date of this act, commence such full-time or part-time
practice of
optometry within six months after licensure and continue such
practice
in Kansas for a consecutive period of months equal to the total
number
of months required under the agreement;
(e) maintain records and make reports to
the state board of regents
to document the satisfaction of the obligation
under such agreement to
engage in the full-time or part-time practice of optometry
in Kansas and
to continue such full-time practice for a
consecutive period of months
equal to the total number of months required under the agreement;
and
(f) upon failure to satisfy an agreement
to engage in the full-time or
part-time practice of optometry in Kansas for the required
period of time
under such agreement, repay amounts to the state board of regents
as
provided in K.S.A. 74-3272, and amendments thereto.
Sec. 8. K.S.A. 74-3272 is hereby
amended to read as follows: 74-
3272. (a) Except as otherwise provided in subsection (e) and
in K.S.A.
74-3273, and amendments thereto, and subsection
(e), upon the failure
of any person to satisfy the obligation to engage in the full-time
or part-
time practice of optometry within the state of Kansas for
the required
period of time under an agreement entered into pursuant to K.S.A.
74-
3271, and amendments thereto, such person shall repay to the state
board
of regents an amount equal to the total of (1) the
total amount of money
paid by the state board of regents in amounts for
guaranteed admission
and continued enrollment of such person in an accredited school or
col-
lege of optometry pursuant to a contract entered into therefor
under
K.S.A. 76-721a, and amendments thereto, plus (2)
annual accrued interest
at a rate of 15% from the date such money was paid
pursuant to such
contract at a rate which is equivalent to the interest rate
applicable to
loans made under the federal PLUS program at the time such
person first
entered into an agreement plus five percentage points.
(b) Each person required to repay any
amount under this section shall
repay an amount totaling the entire amount to be repaid under
such
agreement for which such obligation is not satisfied, including all
interest
at the rate prescribed. Except as otherwise provided in this
section, such
repayment shall be in installment payments and each such
installment
shall be not less than the an amount equal
to 1/5 of the total amount which
would be required to be paid if repaid in five equal annual
installments.
(c) All installment payments under this
section shall commence six
months after the date of the action or circumstance that causes the
failure
of the person to satisfy the obligations of such agreement, as
determined
by the state board of regents based upon the circumstances of each
in-
dividual case. If an installment payment becomes 91 days overdue,
the
entire amount outstanding shall become immediately due and
payable,
including all interest at the rate prescribed.
(d) The total repayment obligation
imposed under the an agreement
entered into under pursuant to K.S.A.
74-3271, and amendments thereto,
may be satisfied at any time prior to graduation from the
accredited school
or college of optometry by making a single lump-sum payment equal
to
the total of (1) the entire amount to be repaid under such
agreement
upon failure to satisfy the obligation under such
agreement to practice
optometry in Kansas, plus (2) all interest thereon at the
rate prescribed
to the date of payment.
(e) If a person fails to satisfy an
obligation to engage in the full-time
or part-time practice of optometry in Kansas for the
required period of
time under an agreement entered into pursuant to K.S.A.
74-3271, and
amendments thereto, because such person is engaged in the
practice of
optometry in a state other than Kansas, and if such person is
subject to
or currently making repayments under this section, and if
such person
subsequently commences the practice of optometry in this state
which
complies with the agreements entered into under such statute, the
bal-
ance of the repayment amount, including interest thereon, from the
time
of such commencement of practice until the obligation of such
person is
satisfied, or until the time such person again becomes subject to
repay-
ments, shall be waived. All repayment amounts due prior to such
com-
mencement of practice in this state, including interest thereon,
shall con-
tinue to be payable as provided in this section. If subsequent to
such
commencement of practice, the person fails to satisfy such
obligation, the
person again shall be subject to repayments, including interest
thereon,
as otherwise provided in this section.
(f) The state board of regents is
authorized to turn any repayment
account arising under the optometry service scholarship program
over to
a designated loan servicer or collection agency, the state not
being in-
volved other than to receive payments from the loan servicer or
collection
agency at the interest rate prescribed under this
section.
Sec. 9. K.S.A. 74-3273 is hereby
amended to read as follows: 74-
3273. (a) An obligation to engage in the practice of optometry in
accord-
ance with an agreement under K.S.A. 74-3271, and amendments
thereto,
shall be postponed: (1) During any required period of active
military
service; (2) during any period of service as a part of volunteers
in service
to America (VISTA); (3) during any period of service in the peace
corps;
(4) during any period of service commitment to the United States
public
health service; (5) during any period of religious missionary work
con-
ducted by an organization exempt from tax under subsection
(c) of section
501(c)(3) of the federal internal revenue code
of 1954, as amended as in
effect on December 31, 2000; (6) during the
any period of time the person
obligated is engaged solely in the teaching of optometry; (7)
during the
any period of time the person obligated is engaged solely in
optometric
research; or (8) during any period of time the
person obligated is actively
engaged on a full-time basis in an approved postgraduate
residency train-
ing program; (9) during any period of temporary
medical disability during
which time the person obligated is unable
because of such temporary
medical disability to practice optometry; (10) during any period
of time
the person obligated is on job-protected leave under the federal
family
and medical leave act of 1993; or (11) during any period of time
the state
board of regents determines that the person obligated is unable
because
of special circumstances to practice optometry. Except for
clause (8) of
this subsection (a), clauses (9), (10) and
(11), an obligation to engage in
the practice of optometry in accordance with an agreement under
K.S.A.
74-3271, and amendments thereto, shall not be postponed more
than five
years from the time the practice of optometry was to have been
com-
menced under any such agreement. An obligation to engage in the
prac-
tice of optometry in accordance with an agreement under K.S.A.
74-3271,
and amendments thereto, shall be postponed under clause
(8) (9) of this
subsection (a) during the period of time the
medical disability exists. An
obligation to engage in the practice of optometry in accordance
with an
agreement under K.S.A. 74-3271, and amendments thereto, shall be
post-
poned under clause (10) during the period of time the person
obligated
remains on FMLA leave. An obligation to engage in the practice
of op-
tometry in accordance with an agreement under K.S.A. 74-3271,
and
amendments thereto, shall be postponed under clause (11) during
the
period of time the state board of regents determines that the
special cir-
cumstances exist. The state board of regents shall adopt rules
and regu-
lations prescribing criteria or guidelines for determination of
the existence
of special circumstances causing an inability to practice
optometry, and
shall determine the documentation required to prove the
existence of such
circumstances.
(b) An obligation to engage in the
practice of optometry in accord-
ance with an agreement under K.S.A. 74-3271, and amendments
thereto,
shall be satisfied: (1) If the obligation to engage in the practice
of optom-
etry in accordance with an agreement under K.S.A. 74-3271, and
amend-
ments thereto, has been completed; (2) if the person
obligated dies; (3)
if, because of permanent physical disability, the person obligated
is unable
to practice optometry; (4) if the person obligated fails to satisfy
the
requirements for a degree from an accredited school or college of
optom-
etry after such person has made their making
the best efforts effort pos-
sible to obtain such degree; or (5) if the person obligated
fails to satisfy
all requirements for a permanent license to practice optometry in
Kansas
or any other jurisdiction or has been denied a license after such
person
has applied for a license and has made their
the best efforts effort possible
to obtain a license.
Sec. 10. K.S.A. 74-3291 is hereby
amended to read as follows: 74-
3291. This act shall be known and may be cited as the nursing
student
service scholarship program.
Sec. 11. K.S.A. 2000 Supp. 74-3292
is hereby amended to read as
follows: 74-3292. As used in this act:
(a) ``Committee'' means the nursing
service scholarship review com-
mittee established under K.S.A. 74-3299 and amendments thereto.
(b) ``Executive officer'' means the
chief executive officer of the state
board of regents appointed under K.S.A. 74-3203
2000 Supp. 74-3203a
and amendments thereto.
(c) ``Rural area'' means any county of
this state other than Douglas,
Johnson, Sedgwick, Shawnee and Wyandotte counties.
(d) ``School of nursing'' means a school
within the state of Kansas
which is approved by the state board of nursing to grant a
diploma, an
associate degree or a baccalaureate degree in professional
nursing or a
certificate of completion in practical nursing.
(e) ``Sponsor'' means any adult care home
licensed under the adult
care home licensure act, any medical care facility licensed under
K.S.A.
65-425 et seq. and amendments thereto, any psychiatric
hospital licensed
under K.S.A. 75-3307b, and amendments thereto, any home
health
agency licensed under K.S.A. 65-5101 et seq. and
amendments thereto,
any local health department as defined in K.S.A. 65-241, and
amendments
thereto, and any state agency which employs licensed
practical nurses or
licensed professional nurses.
Sec. 12. K.S.A. 74-3293 is hereby
amended to read as follows: 74-
3293. (a) There is hereby established the nursing
student service schol-
arship program. A scholarship may be awarded under the nursing
student
service scholarship program to any qualified nursing student
enrolled in
or admitted to a school of nursing in a course of instruction
leading to
licensure as a licensed professional nurse or licensed practical
nurse. The
number of new scholarships awarded under the nursing
student service
scholarship program in each year shall not exceed 250. Of this
number,
except as otherwise provided in this section, 100 scholarships
shall be
awarded to nursing students whose sponsors are located in rural
areas
and who are enrolled in a course of instruction leading to
licensure as a
registered professional nurse, 50 scholarships shall be awarded
for to
nursing students enrolled in or admitted to a school of
nursing operated
by a community college, area vocational-technical school or
area voca-
tional school in a course of instruction leading
to licensure as a licensed
practical nurse and the remaining 100 scholarships shall be awarded
to
any nursing students who have a sponsor and who are enrolled in a
course
of instruction leading to licensure as a registered professional
nurse. If
all scholarships authorized to be awarded under this section to
nursing
students whose sponsors are located in rural areas have not been
awarded
by a date established by the state board of regents, the
scholarships which
have not been awarded by that date may be awarded to nursing
students
who have a sponsor and who are otherwise qualified to be awarded
a
scholarship under the nursing student
service scholarship program. The
determination of the individuals qualified for such scholarships
shall be
made by the executive officer after seeking advice from the
committee.
Within each scholarship category prescribed by this subsection,
scholar-
ships shall be awarded on a priority basis to qualified applicants
who have
the greatest financial need for such scholarships. To the extent
practicable
and consistent with the other provisions of this section,
consideration shall
be given to minority applicants.
(b) Scholarships awarded under the
nursing student service scholar-
ship program shall be awarded for the length of the course of
instruction
leading to licensure as a licensed professional nurse or licensure
as a
licensed practical nurse in which the student is
enrolled in or admitted
to unless otherwise terminated before the expiration of such
period of
time. Such scholarships shall provide to the
a nursing student receiving
the scholarship the payment of tuition, fees, books, room
and board in
an amount to not exceed the total of $3,500
annually (1) if the nursing
student is enrolled in a school of nursing operated by a state
educational
institution, an amount not to exceed 70% of the cost of
attendance for an
academic year at the school of nursing in which the nursing
student is
enrolled or (2) if the nursing student is enrolled in a school
of nursing not
operated by a state educational institution, the lesser of (A)
an amount
not to exceed 70% of the cost of attendance for a year at the
school of
nursing in which the nursing student is enrolled or (B) an
amount not to
exceed 70% of the average amount of the cost of attendance for a
year at
the schools of nursing operated by the state educational
institutions. The
amount of each scholarship shall be established annually by the
executive
officer and shall be financed equally by the sponsor of the nursing
student
and by the state of Kansas except that if the sponsor is located in
a rural
area or is a health care facility which has less than 100 beds, the
total
amount of the scholarship financed by such sponsor shall not
exceed
$1,000 and the balance of such amount shall be paid by the state
of
Kansas.
Sec. 13. K.S.A. 74-3294 is hereby
amended to read as follows: 74-
3294. (a) An applicant for a scholarship under the nursing
student service
scholarship program shall provide to the executive officer, on
forms sup-
plied by the executive officer, the following information:
(1) The name and address of the
applicant;
(2) the name and address of the school of
nursing in which the ap-
plicant is enrolled in or to which the applicant
has been admitted;
(3) the name and address of the sponsor
of the applicant and a ver-
ified copy of the agreement entered into by the applicant and the
sponsor
in accordance with the provisions of this act
the nursing service scholar-
ship program; and
(4) any additional information which may
be required by the execu-
tive officer.
(b) As a condition to awarding a
scholarship under this act the nursing
service scholarship program, the executive officer and the
applicant for
a scholarship shall enter into an agreement which shall require
that the
scholarship recipient:
(1) Complete the required course of
instruction and attain licensure
with the Kansas state board of nursing as a licensed professional
nurse or
a licensed practical nurse;
(2) engage in the full-time practice of
nursing, or the equivalent to
full-time practice as specified by rules and regulations of
the state board
of regents adopted in accordance with the provisions of
K.S.A. 74-3297
and amendments thereto, in the employment of the
sponsor in accord-
ance with the agreement entered into by the scholarship recipient
and
the sponsor and comply with such other terms and conditions
as may be
specified by such agreement; continue such
full-time practice, or the
equivalent to full-time practice, for the total amount of time
required
under the agreement, which shall be for a period of not less
than the length
of the course of instruction for which scholarship assistance
was provided,
or engage in the part-time practice of nursing in the employment
of the
sponsor in accordance with the agreement entered into by the
scholarship
recipient and the sponsor and continue such part-time practice
for the
total amount of time required under the agreement, which shall
be for a
period of time that is equivalent to full time, as determined by
the state
board of regents, multiplied by the length of the course of
instruction for
which scholarship assistance was provided;
(3) commence the full-time practice of
nursing, or the equivalent to
full-time practice as specified by rules and regulations of
the state board
of regents adopted in accordance with the provisions of
K.S.A. 74-3297
and amendments thereto, or the part-time
practice of nursing, within six
months after registration in accordance with the agreement entered
into
by the scholarship recipient and the sponsor
and, continue such
full-time
practice, or equivalent to full-time practice, for
the total amount of time
required under the agreement, which shall be for a period
of not less
than the length of the course of instruction for which the
scholarship
assistance was provided and comply with such
other terms and conditions
as may be specified by such agreement;
(4) maintain records and make reports to
the executive officer as may
be required by the executive officer to document the satisfaction
of the
obligations under this act the nursing service
scholarship program and
under agreements entered into with the sponsor; and
(5) upon failure to satisfy an agreement
to engage in the full-time
practice of nursing, or the equivalent to full-time practice
as specified by
rules and regulations of the state board of regents adopted
in accordance
with the provisions of K.S.A. 74-3297 and amendments
thereto, or the
part-time practice of nursing, for the required period of
time under any
such agreement, repay to the state and to the sponsor amounts as
pro-
vided in K.S.A. 74-3295, and amendments thereto.
(c) Upon the awarding of a scholarship
under the nursing student
service scholarship program, the sponsor shall pay to the
executive officer
the amount of such scholarship to be financed by the sponsor. Each
such
amount shall be deposited in the nursing student
service scholarship pro-
gram fund in accordance with K.S.A. 74-3298, and amendments
thereto.
(d) The sponsorship by a scholarship
recipient may be transferred
from one sponsor to another upon the agreement of the original
sponsor,
the scholarship recipient and the sponsor to which the sponsorship
is to
be transferred. The terms, conditions and obligations of the
transferred
agreement shall be substantially similar to the terms, conditions
and ob-
ligations of the original agreement. No sponsorship shall be
transferred
unless the agreement transferring such sponsorship provides for
service
in a rural area and is approved by the executive officer as
consistent with
the provisions of the nursing student
service scholarship program and as
consistent with any rules and regulations relating thereto adopted
by the
state board of regents in accordance with the provisions of K.S.A.
74-
3297, and amendments thereto.
Sec. 14. K.S.A. 2000 Supp. 74-3295
is hereby amended to read as
follows: 74-3295. (a) Except as provided in K.S.A.
74-3296, and amend-
ments thereto, upon the failure of any person to satisfy the
obligation
under any agreement entered into pursuant to the nursing
student service
scholarship program, such person shall pay to the executive officer
an
amount equal to the total amount of money received by such
person
pursuant to such agreement which was financed by the state of
Kansas
plus annual accrued interest at a rate
of 15% which is equivalent to the
interest rate applicable to loans made under the federal PLUS
program
at the time such person first entered into an agreement plus
five percent-
age points and shall pay to the sponsor an amount equal to
the total
amount of money received by such person pursuant to such
agreement
which was financed by the sponsor plus annual
accrued interest at a rate
of 15% which is equivalent to the interest rate
applicable to loans made
under the federal PLUS program at the time such person first
entered
into an agreement plus five percentage points. Installment
payments of
any such amounts may be made in accordance with the provisions
of
agreements entered into by the scholarship recipient and the
sponsor or
if no such provisions exist in such agreements, in accordance with
rules
and regulations of the state board of regents, except that such
installment
payments shall commence six months after the date of the action or
cir-
cumstances that cause the failure of the person to satisfy the
obligations
of such agreements, as determined by the executive officer based
upon
the circumstances of each individual case. Amounts paid under this
sec-
tion to the executive officer shall be deposited in the nursing
student
service scholarship repayment fund in accordance with K.S.A.
74-3298,
and amendments thereto.
(b) The state board of regents is
authorized to turn any repayment
account arising under the nursing service scholarship program
over to a
designated loan servicer or collection agency, the state not
being involved
other than to receive payments from the loan servicer or
collection agency
at the interest rate prescribed under this section.
Sec. 15. K.S.A. 2000 Supp. 74-3296
is hereby amended to read as
follows: 74-3296. (a) Except as otherwise specified in the
agreement with
the sponsor, an obligation under any agreement entered into under
the
nursing student scholarship program shall be postponed: (1) During
any
required period of active military service; (2) during any period
of service
as a part of volunteers in service to America (VISTA); (3) during
any
period of service in the peace corps; (4) during any period of
service
commitment to the United States public health service; (5) during
any
period of religious missionary work conducted by an organization
exempt
from tax under subsection (c) of section
501(c)(3) of the federal internal
revenue code of 1986 as in effect on
January 1, 1989 December 31, 2000;
(6) during any period of temporary medical disability
during which time
the person obligated is unable because of such
temporary medical disa-
bility to practice professional nursing;
or (7) during any period of time
the person obligated is enrolled and actively engaged on a
full-time basis
in a course of study leading to a degree in the field of nursing
which is
higher than that attained formerly by the person obligated; (8)
during
any period of time the person obligated is on job-protected
leave under
the federal family and medical leave act of 1993; or (9) during
any period
of time the state board of regents determines that the person
obligated is
unable because of special circumstances to practice nursing.
Except for
clause clauses (6) of this
subsection (a), (8) and (9), an obligation
under
any agreement entered into under as provided
in the nursing student
service scholarship program shall not be postponed more than
five years
from the time the obligation was to have been commenced under
any
such agreement. An obligation under any agreement
under entered into
as provided in the nursing student
service scholarship program shall be
postponed under clause (6) of this subsection (a)
during the period of
time the medical disability exists. An obligation under any
agreement
entered into as provided in the nursing service scholarship
program shall
be postponed under clause (8) during the period of time the
person obli-
gated remains on FMLA leave. An obligation under any agreement
en-
tered into as provided in the nursing service scholarship
program shall
be postponed under clause (9) during the period of time the
state board
of regents determines that the special circumstances exist. The
state board
of regents shall adopt rules and regulations prescribing
criteria or guide-
lines for determination of the existence of special
circumstances causing
an inability to satisfy an obligation under any agreement
entered into as
provided in the nursing service scholarship program, and shall
determine
the documentation required to prove the existence of such
circumstances.
Except for clause clauses (1) or
clause, (6) of this subsection
(a), (8) and
(9), an obligation under any agreement entered into
under as provided
in the nursing service scholarship program shall not
be postponed unless
the postponement is approved by the sponsor or is otherwise
provided
for in the agreement with the sponsor.
(b) An obligation under any agreement
under entered into as pro-
vided in the nursing student service
scholarship program shall be satisfied:
(1) If the obligation in accordance with an agreement under
the nursing
student scholarship program has been completed
in accordance with the
agreement; (2) if the person obligated dies; (3) if, because
of permanent
physical disability, the person obligated is unable to satisfy the
obligation;
(4) if the person obligated fails to satisfy the requirements for
graduation
from the school of nursing after making the best effort possible to
do so;
(5) if the person obligated fails to satisfy all requirements for a
permanent
license to practice nursing in Kansas or has been denied a license
after
applying for a license and making the best effort possible to
obtain such
license; (6) if, because of bankruptcy, loss of licensure or
certification or
other failure in the operations of the sponsor, the sponsor cannot
or will
not employ the person obligated; or (7) if the sponsor releases the
person
obligated from employment with the sponsor and the person
obligated
otherwise completes the terms, conditions and obligations of the
agree-
ment under the nursing student scholarship program
by engaging in the
practice of nursing in Kansas.
Sec. 16. K.S.A. 74-3297 is hereby
amended to read as follows: 74-
3297. The state board of regents, after consultation with the
committee,
may adopt rules and regulations establishing minimum terms,
conditions
and obligations which shall be incorporated into the provisions of
any
agreement entered into between a sponsor and the recipient of a
schol-
arship under the nursing student service
scholarship program. The terms,
conditions and obligations shall be consistent with the provisions
of law
relating to the nursing student service
scholarship program. The terms,
conditions and obligations so established shall include, but not be
limited
to, the terms of eligibility for financial assistance under the
nursing stu-
dent service scholarship program, the
amount of financial assistance to
be offered, the length of employment with the sponsor required as
a
condition to the receipt of such financial assistance, the
circumstances
under which such the employment obligation
may be discharged or for-
given, the amount of money required to be repaid because of failure
to
satisfy the obligations under an agreement and the method of
repayment
and such other additional provisions as may be necessary to carry
out the
provisions of the nursing student service
scholarship program. The state
board of regents, after consultation with the committee, shall
adopt rules
and regulations establishing criteria for evaluating the
financial need of
applicants for scholarships and may adopt such other rules
and regulations
as may be necessary to administer the nursing
student service scholarship
program.
Sec. 17. K.S.A. 2000 Supp. 74-3298
is hereby amended to read as
follows: 74-3298. (a) There is hereby created in the state treasury
the
nursing student service scholarship program
fund. The executive officer
shall remit all moneys received from sponsors, which are paid
under
K.S.A. 74-3294, and amendments thereto, pursuant to
scholarship
awards, or from a school of nursing, which are paid because of
nonat-
tendance or discontinued attendance by scholarship recipients
and which
are attributable to sponsors, under the
nursing student scholarship pro-
gram to the state treasurer at least monthly. Upon
receipt of each such
remittance, the state treasurer shall deposit the entire amount
thereof in
the state treasury and such amount shall be credited to the nursing
stu-
dent service scholarship program fund. All
expenditures from the nursing
student service scholarship program fund
shall be for scholarships
awarded under the nursing student service
scholarship program or re-
funds to sponsors and shall be made in accordance with
appropriation
acts upon warrants of the director of accounts and reports issued
pursuant
to vouchers approved by the executive officer or by a person
designated
by the executive officer.
(b) There is hereby created in
the state treasury The nursing student
scholarship discontinued attendance fund. The executive
officer shall re-
mit all moneys received under the nursing student
scholarship program
from a school of nursing, which are paid because of
nonattendance or
discontinued attendance by scholarship recipients and which
are attrib-
utable to sources other than sponsors, to the state
treasurer at least
monthly. Upon receipt of each such remittance the state
treasurer shall
deposit the entire amount thereof in the state treasury,
and such amount
shall be credited to the nursing student scholarship
discontinued attend-
ance fund. All expenditures from the nursing student
scholarship discon-
tinued attendance fund shall be for scholarships awarded
under the nurs-
ing student scholarship program and shall be made in
accordance with
appropriation acts upon warrants of the director of
accounts and reports
issued pursuant to vouchers approved by the executive
officer or by a
person designated by the executive officer is
hereby abolished. On the
effective date of this act, the director of accounts and reports
shall transfer
all moneys remaining in the nursing student scholarship
discontinued
attendance fund to the nursing service scholarship program
fund.
(c) There is hereby created in the state
treasury the nursing student
service scholarship repayment fund. The executive officer
shall remit all
moneys received for amounts paid under K.S.A. 74-3295, and
amend-
ments thereto, to the state treasurer at least monthly. Upon
receipt of
each such remittance the state treasurer shall deposit the entire
amount
thereof in the state treasury, and such amount shall be credited to
the
nursing student service scholarship
repayment fund. All expenditures
from the nursing student service
scholarship repayment fund shall be for
scholarships awarded under the nursing student
service scholarship pro-
gram and shall be made in accordance with appropriation acts upon
war-
rants of the director of accounts and reports issued pursuant to
vouchers
approved by the executive officer or by a person designated by the
ex-
ecutive officer.
Sec. 18. K.S.A. 74-3299 is hereby
amended to read as follows: 74-
3299. (a) There is hereby created the nursing service
scholarship review
committee which shall consist of the following members appointed
by
the governor: One member representing Kansas hospitals; one
member
representing Kansas adult care homes; one member representing
Kansas
registered nurses; one member representing nursing education
programs
other than at a college or university under the control and
supervision of
the state board of regents state educational
institution; and the chief ex-
ecutive officer of a college or university under the
control and supervision
of the state board of regents state educational
institution which college
or university has a school of nursing.
(b) The members of the nursing
service scholarship review commit-
tee appointed by the governor shall be appointed for three-year
terms
and shall serve until their successors are appointed and
qualified. Upon
the vacancy of a position on the committee
appointed by the governor,
the governor shall appoint a person of like qualifications to fill
such po-
sition. If a vacancy occurs prior to the expiration of a term, the
governor
shall appoint a person of like qualifications to fill such position
for the
unexpired term.
(c) The nursing service
scholarship review committee shall elect an-
nually from among its members a chairperson. The committee shall
meet
on the call of the chairperson or upon the request of a majority of
the
members of the committee. A majority of the members of the
committee
shall constitute a quorum.
(d) The nursing service
scholarship review committee shall provide
oversight of the nursing student service
scholarship program and shall be
advisory to the executive officer and the state board of regents in
the
administration of such program. The committee shall exercise such
other
powers and duties as may be specified by law.
(e) The executive officer and other
office staff of the state board of
regents shall provide staff assistance to the nursing
service scholarship
review committee.
(f) The members of the nursing
service scholarship review committee
who are not state officers or employees and who are attending
meetings
of such committee, or attending a subcommittee meeting thereof
au-
thorized by such committee, shall be paid
eligible for amounts provided
in subsection (e) of K.S.A. 75-3223, and amendments thereto.
Amounts
paid under this subsection (f) shall be from appropriations to the
state
board of regents upon warrants of the director of accounts and
reports
issued pursuant to vouchers approved by the executive officer or a
person
designated by the executive officer.
Sec. 19. K.S.A. 74-32,100 is hereby
amended to read as follows: 74-
32,100. This act shall be known and may be cited as the teacher
service
scholarship program.
Sec. 20. K.S.A. 74-32,101 is hereby
amended to read as follows: 74-
32,101. As used in this act:
(a) ``Executive officer'' means the
chief executive officer of the state
board of regents appointed under K.S.A. 74-3203
2000 Supp. 74-3203a,
and amendments thereto;
(b) ``qualified student'' means a person
who: (1) Is a resident of the
state of Kansas; (2) has been accepted for admission to or is
enrolled full
time in a course of instruction leading to certification in
a hard-to-fill
teaching discipline as a teacher; and (3)
has qualified for the award of a
scholarship under the teacher service scholarship program on
the basis
of having demonstrated scholastic ability, or who has previously so
qual-
ified and remains qualified for renewal of the scholarship on the
basis of
remaining in good standing and making satisfactory progress toward
com-
pletion of the requirements of the course of instruction in which
enrolled;
(c) ``hard-to-fill teaching discipline''
means a teaching discipline in
which there is a critical shortage of teachers as determined and
specified
by the state board of education.;
(d) ``underserved area'' means a
geographic area of the state in which
there is a critical shortage of teachers as determined and
specified by the
state board of education.
Sec. 21. K.S.A. 74-32,102 is hereby
amended to read as follows: 74-
32,102. (a) There is hereby established the teacher service
scholarship
program. A scholarship may be awarded under the teacher
service schol-
arship program to any qualified student and may be renewed for
each
such student who remains qualified for the scholarship. The number
of
new scholarships awarded under the program in each year shall not
ex-
ceed 50. Determination of the students qualified for such
scholarships
shall be made by the executive officer. Scholastic ability shall be
deter-
mined on the basis of any one or more of the following: (1) High
ACT or
SAT score; (2) rank in high school graduation class; (3) cumulative
high
school or college grade point average; or (4) any other indicator
of scho-
lastic ability which the state board of regents determines to be
demon-
strative of potential for successful completion of a course of
instruction
leading to certification in a hard-to-fill teaching
discipline as a teacher.
To the extent practicable and consistent with qualification
factors, con-
sideration shall be given to students who are members of ethnic
minority
groups.
(b) A scholarship awarded under the
program shall provide for pay-
ment to a qualified student of a stipend in the amount of
$5,000 (1) an
amount not to exceed 70% of the cost of attendance for an
academic year
at the teacher education school in which the qualified student
is enrolled
if such teacher education school is maintained by a state
educational in-
stitution or (2) an amount not to exceed 70% of the average
amount of
the cost of attendance for an academic year at the teacher
education
schools maintained by the state educational institutions if the
teacher ed-
ucation school in which the qualified student is enrolled is not
a state
educational institution. A qualified student may be awarded
a scholarship
for not more than four academic years of undergraduate study,
except
that a qualified student who is enrolled full time in a course of
instruction
leading to certification in a hard-to-fill
teaching discipline for which grad-
uate study is required may be awarded a scholarship for the
duration of
the course of instruction.
Sec. 22. K.S.A. 74-32,103 is hereby
amended to read as follows: 74-
32,103. (a) An applicant for designation as a qualified student and
for the
award of a scholarship under the teacher service scholarship
program shall
provide to the executive officer, on forms supplied by the
executive of-
ficer, information required by the executive officer.
(b) As a condition to awarding a
scholarship under this act, the ex-
ecutive officer and the applicant shall enter into an agreement
which shall
require the applicant to:
(1) Complete the required course of
instruction leading to certifica-
tion in a hard-to-fill teaching discipline as a
teacher;
(2) engage in teaching in Kansas in an
underserved area or in a hard-
to-fill teaching discipline in Kansas and comply
with such other terms and
conditions as may be specified by such agreement;
(3) commence teaching on a full-time
basis in a hard-to-fill teaching
discipline in Kansas in an accredited public or
private elementary or sec-
ondary school in accordance with the agreement, which shall
be and con-
tinue teaching on a full-time basis for a period of not less
than the length
of the course of instruction for which the scholarship was awarded
or
commence teaching on a part-time basis in Kansas in an
accredited public
or private elementary or secondary school in accordance with the
agree-
ment and continue teaching on such a part-time basis for a
period of time
that is equivalent to full time, as determined by the state
board of regents,
multiplied by the length of the course of instruction for which
the schol-
arship was awarded;
(4) commence teaching in Kansas on a
full-time or part-time basis
within six months after certification and continue teaching for
the period
of time required by the agreement;
(4) (5) maintain
records and make reports to the executive officer as
required by the executive officer to document the satisfaction of
the ob-
ligations under this act and the agreement; and
(5) (6) upon
failure to satisfy an agreement to engage in teaching in
an underserved area or in a hard-to-fill teaching discipline
for the re-
quired period of time under any such agreement, repay to the
state
amounts as provided in K.S.A. 74-32,104, and amendments
thereto.
Sec. 23. K.S.A. 2000 Supp.
74-32,104 is hereby amended to read as
follows: 74-32,104. (a) Except as provided in K.S.A.
74-32,105, and
amendments thereto, upon the failure of any person to satisfy the
obli-
gation under any agreement entered into pursuant to the teacher
service
scholarship program, such person shall pay to the executive officer
an
amount equal to the total amount of money received by such
person
pursuant to such agreement plus annual
accrued interest at a rate of 15%,
which is equivalent to the interest rate applicable to loans
made under
the federal PLUS program at the time such person first entered
into an
agreement plus five percentage points. Amounts of payment under
this
section shall be adjusted proportionately for full years of
the obligation
that have been satisfied. Installment payments of any such amounts
may
be made in accordance with the provisions of the agreement entered
into
by the scholarship recipient or if no such provisions exist in such
agree-
ment, in accordance with rules and regulations of the state board
of re-
gents, except that such installment payments shall commence six
months
after the date of the action or circumstances that cause the
failure of the
person to satisfy the obligations of such agreements, as determined
by
the executive officer based upon the circumstances of each
individual
case. Amounts paid under this section to the executive officer
shall be
deposited in the teacher service scholarship repayment fund
in accord-
ance with K.S.A. 74-32,107, and amendments thereto.
(b) The state board of regents is
authorized to turn any repayment
account arising under the teacher service scholarship program
over to a
designated loan servicer or collection agency, the state not
being involved
other than to receive payments from the loan servicer or
collection agency
at the interest rate prescribed under this section.
Sec. 24. K.S.A. 74-32,105 is hereby
amended to read as follows: 74-
32,105. (a) Except as otherwise specified in the agreement, an
obligation
under any agreement entered into under the teacher service
scholarship
program shall be postponed: (1) During any required period of
active
military service; (2) during any period of service as a part of
volunteers
in service to America (VISTA); (3) during any period of service
in the
peace corps; (4) during any period of service commitment to the
United
States public health service; (5) during any period of religious
missionary
work conducted by an organization exempt from tax under
section
501(c)(3) of the federal internal revenue code as in effect on
December
31, 2000; (2) (6) during any period
of temporary medical disability during
which time the person obligated is unable
because of such temporary
medical disability to teach a hard-to-fill teaching
discipline; or (3) (7)
during any period of time the person obligated is enrolled and
actively
engaged on a full-time basis in a course of study leading to a
degree in
the field of education as a hard-to-fill teaching
discipline which is higher
than that formerly attained formerly by the person
obligated; (8) during
any period of time the person obligated is on job-protected
leave under
the federal family and medical leave act of 1993; or (9) during
any period
of time the state board of regents determines that the person
obligated is
unable because of special circumstances to teach. Except for
clause (2) of
this subsection (a) clauses (6), (8) and
(9), an obligation under any agree-
ment entered into under as provided in the
teacher service scholarship
program shall not be postponed more than five years from the time
the
obligation was to have been commenced under any
such agreement. An
obligation under any agreement under entered
into as provided in the
teacher service scholarship program shall be postponed under
clause (2)
of this subsection (a) (6) during the
period of time the medical disability
exists. Except for clause (1) or clause (2) of this
subsection (a), An obli-
gation under any agreement entered into under
as provided in the teacher
service scholarship program shall not be
postponed unless the postpone-
ment is provided for in the agreement under
clause (8) during the period
of time the person obligated remains on FMLA leave. An
obligation to
engage in teaching in accordance with an agreement under the
teacher
service scholarship program shall be postponed under clause (9)
during
the period of time the state board of regents determines that
the special
circumstances exist. The state board of regents shall adopt
rules and reg-
ulations prescribing criteria or guidelines for determination of
the exis-
tence of special circumstances causing an inability to teach,
and shall
determine the documentation required to prove the existence of
such cir-
cumstances.
(b) An obligation under any agreement
under entered into as pro-
vided in the teacher service scholarship program
shall be satisfied: (1) If
the obligation in accordance with an agreement under the
scholarship
program has been completed in accordance with
the agreement; (2) if the
person obligated dies; (3) if, because of permanent physical
disability, the
person obligated is unable to satisfy the obligation;
or (4) if the person
obligated fails to satisfy all the
requirements to enable the recipient to
teach a hard-to-fill teaching discipline for a
graduation from a teacher
education program after making the best effort possible;
(5) if the person
obligated fails to satisfy all requirements for certification to
teach in Kan-
sas or has been denied certification after applying for a
certificate to teach
and making the best effort possible to obtain such certificate;
or (6) if the
person obligated is unable to obtain employment as a teacher in
an un-
derserved area or in a hard-to-fill teaching discipline after
making the
best effort possible to obtain such employment and the person
obligated
otherwise completes the terms, conditions and obligations of the
agree-
ment.
Sec. 25. K.S.A. 74-32,106 is hereby
amended to read as follows: 74-
32,106. The state board of regents shall adopt rules and
regulations for
administration of the teacher service scholarship program
and shall es-
tablish terms, conditions and obligations which shall be
incorporated into
the provisions of any agreement entered into between the executive
of-
ficer and an applicant for the award of a scholarship under the
program.
The terms, conditions and obligations shall be consistent with the
provi-
sions of law relating to the program and shall include, but not be
limited
to, the circumstances under which eligibility for financial
assistance under
the program may be terminated, the amount of financial assistance
to be
provided, the circumstances under which obligations may be
discharged
or forgiven, the amount of money required to be repaid because of
failure
to satisfy the obligations under an agreement and the method of
repay-
ment.
Sec. 26. K.S.A. 2000 Supp.
74-32,107 is hereby amended to read as
follows: 74-32,107. (a) There is hereby created in the state
treasury the
teacher service scholarship program fund. The executive
officer shall re-
mit all moneys received under the teacher service
scholarship program,
which are paid because of nonattendance or discontinuance by
scholar-
ship recipients, to the state treasurer at least monthly. Upon
receipt of
each such remittance the state treasurer shall deposit the entire
amount
thereof in the state treasury, and such amount shall be credited to
the
teacher service scholarship program fund. All expenditures
from the
teacher service scholarship program fund shall be for
scholarships
awarded under the teacher service scholarship program and
shall be made
in accordance with appropriation acts upon warrants of the director
of
accounts and reports issued pursuant to vouchers approved by the
exec-
utive officer or by a person designated by the executive
officer.
(b) There is hereby created in the state
treasury the teacher service
scholarship repayment fund. The executive officer shall remit all
moneys
received under the teacher service scholarship program,
which are for
payment of amounts pursuant to K.S.A. 74-32,104, and
amendments
thereto, to the state treasurer at least monthly. Upon receipt of
each such
remittance the state treasurer shall deposit the entire amount
thereof in
the state treasury, and such amount shall be credited to the
teacher serv-
ice scholarship repayment fund. All expenditures from the
teacher service
scholarship repayment fund shall be for scholarships awarded under
the
teacher service scholarship program and shall be made in
accordance with
appropriation acts upon warrants of the director of accounts and
reports
issued pursuant to vouchers approved by the executive officer or by
a
person designated by the executive officer.
Sec. 27. K.S.A. 2000 Supp.
74-32,112 is hereby amended to read as
follows: 74-32,112. (a) This act shall be known and may be cited as
the
Kansas ethnic minority fellowship program.
(b) The legislature hereby finds that:
(1) The enrollment of certain
ethnic minority students in graduate programs is low and declining;
and
(2) the ratio of graduate students who receive teaching and
research as-
sistantships is lower for ethnic minority students than for
Caucasian stu-
dents; and (3) the ethnic origin of faculty at institutions
of higher edu-
cation is disproportionately Caucasoid.
(c) The legislature hereby declares that
it is the intention of this act
to provide for a program under which the state in cooperation with
the
state educational institutions may award grants of financial
assistance in
the form of fellowships to qualified ethnic minority graduate
students as
a means of: (1) recruiting and retaining ethnic
minority students in the
graduate programs of the state educational institutions;
and (2) attracting
and retaining ethnic minority faculty members and
educational leaders in
Kansas in order to enhance the diversity of the
student population.
Sec. 28. K.S.A. 2000 Supp.
74-32,113 is hereby amended to read as
follows: 74-32,113. As used in this act:
(a) ``Kansas ethnic minority fellowship
program'' means a program
under which grants of financial assistance in the form of
fellowships are
awarded to qualified ethnic minority graduate students.
(b) ``Qualified ethnic minority graduate
student'' means a person
who: (1) Is a citizen of the United States; (2) is a member of an
ethnic
minority group; (3) has been accepted for admission to or is
enrolled full
time in a graduate program at a state educational institution; and
(4) has
qualified for the award of a fellowship under the Kansas ethnic
minority
fellowship program on the basis of having demonstrated scholastic
ability,
or who has previously so qualified and remains qualified for
renewal of
the fellowship on the basis of remaining in good standing and
making
satisfactory progress toward completion of the requirements of the
grad-
uate program in which enrolled.
(c) ``Ethnic minority group'' means a
group of persons categorized
as: (1) American Indian; (2) Asian or Pacific Islander; (3)
Black, non-
Hispanic; or (4) Hispanic.
(d) ``American Indian'' means a person
having origins in the original
peoples of North America and who maintains cultural
identification
through tribal affiliation or community recognition.
(e) ``Asian'' or ``Pacific
Islander'' means a person having origins in any
of the original peoples of Laos, Vietnam, Cambodia, or
Korea the Far
East, Southeast Asia, the Indian Subcontinent, or Pacific
Islands, includ-
ing, but not by way of limitation, persons from China, Japan,
Korea, the
Philippine Islands, Samoa, India, Laos, Vietnam, or
Cambodia.
(f) ``Black, non-Hispanic'' means a
person having origins in any of the
black racial groups of Africa (except those of Hispanic
origin).
(g) ``Hispanic'' means a person of
Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin,
regardless
of race.
(h) ``State educational institution'' has
the meaning ascribed thereto
in K.S.A. 76-711, and amendments thereto.
(i) ``Executive officer'' means the
executive officer of the state board
of regents, appointed under K.S.A. 74-3203 2000
Supp. 74-3203a, and
amendments thereto.
Sec. 29. K.S.A. 2000 Supp.
74-32,114 is hereby amended to read as
follows: 74-32,114. (a) A fellowship may be awarded under the
Kansas
ethnic minority fellowship program to any qualified ethnic minority
grad-
uate student and may be renewed for each such student who
remains
qualified for the fellowship. Subject to appropriations therefor,
the num-
ber of new fellowships awarded under the program in each year shall
not
exceed 40. Determination of the graduate students qualified for
such
fellowships shall be made by the executive officer in consultation
with the
chief academic officers of the state educational institutions. The
state
board of regents shall establish, by rules and regulations,
indicators of
scholastic ability for determination of the qualifications of
ethnic minority
graduate students for the award of fellowships under the
program.
(b) A fellowship awarded under the
program shall provide for pay-
ment to a qualified ethnic minority graduate student of a stipend
in the
an amount of $8,000 not to exceed the
amount of the cost of attendance
for an academic year at the state educational institution in
which the
graduate student is enrolled. Such stipends may be enhanced
by the state
educational institutions. A qualified ethnic minority graduate
student may
be awarded a fellowship in each academic year until the
requirements of
the graduate program in which the student is enrolled are
completed.
Sec. 30. K.S.A. 2000 Supp.
74-32,115 is hereby amended to read as
follows: 74-32,115. (a) An applicant for designation as a qualified
ethnic
minority graduate student and for the award of a fellowship under
the
Kansas ethnic minority fellowship program shall provide such
information
to the executive officer as the executive officer may require.
(b) As a condition to awarding a
fellowship under this act, the exec-
utive officer and the applicant shall enter into an agreement which
shall
require the applicant to:
(1) Complete the requirements of the
graduate program in which
enrolled;
(2) enter into the
employ full-time employment in Kansas of an
ac-
credited educational elementary or secondary
school or an accredited
institution in Kansas of postsecondary
education and continue in such
employment for a period of time not less than the period for which
fi-
nancial assistance was provided under the program or enter into
the part-
time employment in Kansas of an accredited elementary or
secondary
school or an accredited institution of postsecondary education
and con-
tinue in such employment for a period of time that is equivalent
to full
time, as determined by the state board of regents, multiplied by
the period
for which financial assistance was provided under the
program;
(3) enter into the full-time or
part-time employment in Kansas of an
accredited elementary or secondary school or an accredited
institution of
postsecondary education within six months after completion of
the
requirements of the graduate program in which enrolled or within
six
months after completion of the requirements of such program and
certi-
fication to teach if necessary, whichever is later, and continue
such em-
ployment for the period of time required by the
agreement;
(3) (4) maintain
records and make reports to the executive officer as
required by the executive officer to document the satisfaction of
the ob-
ligations under this act and the agreement; and
(4) (5) upon
failure to satisfy any obligation under this act or the
agreement, repay to the state amounts as provided in K.S.A. 2000
Supp.
74-32,116, and amendments thereto.
Sec. 31. K.S.A. 2000 Supp.
74-32,116 is hereby amended to read as
follows: 74-32,116. (a) Except as provided in K.S.A. 2000
Supp. 74-
32,117, and amendments thereto, upon the failure of a person
to satisfy
any obligation under an agreement entered into pursuant
to in accordance
with the Kansas ethnic minority fellowship program, such
person shall
pay to the executive officer an amount equal to the total amount of
money
received by such person pursuant to such agreement plus
annual accrued
interest from the date such money was received at a rate
of 15%, which
is equivalent to the interest rate applicable to loans made
under the federal
PLUS program at the time such person first entered into an
agreement
plus five percentage points. Amounts of payment under this
section shall
be adjusted proportionately for full years of performance of
the obliga-
tions that have been satisfied. Installment payments of any such
amounts
may be made in accordance with the provisions of the agreement
entered
into by the fellowship recipient or if no such provisions exist in
such
agreement, in accordance with rules and regulations of the state
board of
regents, except that such installment payments shall commence
six
months after the date of the action or circumstances that cause the
failure
of the person to satisfy the obligations of such agreements, as
determined
by the executive officer based upon the circumstances of each
individual
case. Amounts paid under this section to the executive officer
shall be
deposited in the Kansas ethnic minority fellowship program fund in
ac-
cordance with K.S.A. 2000 Supp. 74-32,119, and amendments
thereto.
(b) The state board of regents is
authorized to turn any repayment
account arising under the Kansas ethnic minority fellowship
program over
to a designated loan servicer or collection agency, the state
not being
involved other than to receive payments from the loan servicer
or collec-
tion agency at the interest rate prescribed under this
section.
Sec. 32. K.S.A. 2000 Supp.
74-32,117 is hereby amended to read as
follows: 74-32,117. (a) Except as otherwise specified in the
agreement,
an obligation under any agreement entered into
under in accordance with
the Kansas ethnic minority fellowship program shall be postponed:
(1)
During any required period of active military service; (2)
during any pe-
riod of service as a part of volunteers in service to America
(VISTA); (3)
during any period of service in the peace corps; (4) during any
period of
service commitment to the United States public health service;
(5) during
any period of religious missionary work conducted by an
organization
exempt from tax under section 501(c)(3) of the federal internal
revenue
code as in effect on December 31, 2000; (2)
(6) during any period of
temporary medical disability time in which
the person obligated is unable
because of such temporary medical
disability to commence or continue
performance in satisfaction of the obligation; or
(3) (7) during any period
of time the person obligated is enrolled and actively engaged on a
full-
time basis in a graduate program leading to a degree which is
higher than
that formerly attained formerly by the person
obligated; (8) during any
period of time the person obligated is on job-protected leave
under the
federal family and medical leave act of 1993; or (9) during any
period of
time the state board of regents determines that the person
obligated is
unable because of special circumstances to commence or continue
per-
formance in satisfaction of the obligation. Except for
clause (2) of this
subsection (a) clauses (6), (8) and (9), an
obligation under any agreement
entered into under in accordance with the
Kansas ethnic minority fellow-
ship program shall not be postponed more than five years from the
time
performance of the obligation was to have been commenced under
any
such agreement. An obligation under any agreement
under entered into
in accordance with the program shall be postponed under
clause (2) of
this subsection (a) (6) during the period
of time the medical disability
exists. Except for clause (1) or clause (2) of this
subsection (a), An obli-
gation under any agreement entered into under
in accordance with the
program shall not be postponed unless the
postponement is provided for
in the agreement under clause (8) during the
period of time the person
obligated remains on FMLA leave. An obligation to commence or
continue
performance in satisfaction of the obligation in accordance with
an agree-
ment under the Kansas ethnic minority fellowship program shall
be post-
poned under clause (9) during the period of time the state board
of regents
determines that the special circumstances exist. The state board
of regents
shall adopt rules and regulations prescribing criteria or
guidelines for
determination of the existence of special circumstances causing
an inabil-
ity to commence or continue performance in satisfaction of the
obligation,
and shall determine the documentation required to prove the
existence of
such circumstances.
(b) An obligation under any agreement
under entered into in accord-
ance with the Kansas ethnic minority fellowship program
shall be satis-
fied: (1) If performance of the obligation in accordance
with an agreement
entered into under the program has been completed
in accordance with
the agreement; (2) if the person obligated dies; (3) if,
because of perma-
nent physical disability, the person obligated is unable to satisfy
the ob-
ligation; or (4) if the person obligated fails to
satisfy all the requirements
to enable the person to enter into the employ of
of the graduate program
in which enrolled after making the best effort possible; (5) if
the person
obligated fails to satisfy all requirements for certification to
teach in Kan-
sas, if certification is necessary to obtain employment as
provided in the
agreement; or (6) if the person obligated is unable to obtain
employment
in an accredited elementary or secondary school or an
accredited edu-
cational institution of postsecondary
education in Kansas and to continue
in such employment after making the best effort possible.
Sec. 33. K.S.A. 2000 Supp.
74-32,118 is hereby amended to read as
follows: 74-32,118. (a) The state board of regents shall
adopt rules and
regulations for administration of the Kansas ethnic minority
fellowship
program and shall establish terms, conditions and obligations which
shall
be incorporated into the provisions of any agreement entered into
be-
tween the executive officer and an applicant for the award of a
fellowship
under the program. The terms, conditions and obligations shall be
con-
sistent with the provisions of law relating to the program and
shall include,
but not be limited to, the circumstances under which eligibility
for finan-
cial assistance under the program may be terminated, the amount of
fi-
nancial assistance to be provided, the circumstances under which
obli-
gations may be discharged or forgiven, the amount of money required
to
be repaid because of failure to satisfy the obligations under an
agreement
and the method of repayment.
(b) The state board of regents shall
review the Kansas ethnic minority
fellowship program annually to determine if the program is
meeting the
intention of the legislature and to make recommendations to the
legislature
for continuance, discontinuance, expansion, or contraction of
the pro-
gram.
Sec. 34. K.S.A. 2000 Supp. 74-3256
is hereby amended to read as
follows: 74-3256. (a) The state board of regents shall:
(1) Adopt rules and regulations for the
administration of this act;
(2) provide for enrollment
without charge of tuition at each ROTC
institution of the award of ROTC service
scholarships to eligible students
who qualify therefor, as determined by the selection committee,
for not
to exceed in any academic year a total of 40 eligible
students in any
academic year if the at each ROTC
institution is a state educational in-
stitution and if the ROTC institution is a municipal
university, for not to
exceed a total of 10 eligible students in the 1996-97
academic year, 20
eligible students in the 1997-98 academic year, 30 eligible
students in the
1998-99 academic year and 40 eligible students in the
1999-2000 aca-
demic year and in academic years thereafter.
This provision is subject to
the provisions of subsection (c);
(3) publicize provide
information regarding application procedures
and provide application forms;
(4) require any ROTC institution to
promptly furnish upon request
any information which relates to the administration or effect of
this act.
(b) Any If the
ROTC institution at which enrollment of an
eligible
students without charge of tuition is provided for under
subsection (a)(2)
may file a claim with the state board of regents for
reimbursement of the
amount of such tuition student who qualifies
for an ROTC service schol-
arship is enrolled is a state educational institution, the
scholarship shall
provide to the student an amount not to exceed 70% of the cost
of at-
tendance at the institution for an academic year. If the
ROTC institution
at which an eligible student who qualifies for an ROTC service
scholarship
is enrolled is a municipal university, the amount of
reimbursement for
each eligible student for whom enrollment is provided
without charge of
tuition shall be at a rate not greater than the maximum
rate of tuition
that would be charged by scholarship shall
provide to the student an
amount not to exceed 70% of the average amount of the cost of
attendance
at the state educational institutions for enrollment
of the eligible student
an academic year. Within the limitations of
appropriations therefor, the
state board of regents shall be responsible for payment of
reimbursements
to ROTC institutions upon certification by each such
institution of the
amount of reimbursement to which entitled.
Payments to of ROTC
in-
stitutions service scholarships shall be
made upon pursuant to vouchers
approved by the state board of regents and upon warrants of the
director
of accounts and reports. Payments may be made by issuance of a
single
warrant to each ROTC institution at which one or more eligible
students
are enrolled for the total amount of tuition not
charged scholarships for
all eligible students for enrollment
enrolled at that institution. The direc-
tor of accounts and reports shall cause such warrant to be
delivered to
the ROTC institution at which such eligible student or students are
en-
rolled. If an eligible student discontinues attendance before the
end of
any academic year, after the ROTC institution has received payment
un-
der this subsection, the institution shall pay to the state the
entire amount
which such eligible student would otherwise qualify to have
refunded,
not to exceed the amount of the payment made by the state
in behalf of
such student under the ROTC service
scholarship for the academic year.
All amounts paid to the state by ROTC institutions under this
subsection
shall be deposited in the state treasury and credited to the
state general
ROTC service scholarship program fund.
(c) If all ROTC service scholarships
authorized to be awarded to el-
igible students at each ROTC institution have not been awarded
by a date
established by the state board of regents, the scholarships that
have not
been awarded by that date may be awarded to eligible students at
any
ROTC institution if such students are qualified for such
scholarships as
determined by the appropriate selection committee. The
determination to
award ROTC service scholarships under this subsection to
eligible stu-
dents who are qualified for such scholarships shall be made by
the state
board of regents after consultation with the adjutant
general.
Sec. 35. K.S.A. 2000 Supp. 74-3257
is hereby amended to read as
follows: 72-3457. Every eligible student who qualifies
therefor for the
award of an ROTC service scholarship, as determined by the
appropriate
selection committee, may enroll annually for both the fall
and spring
semesters, not to exceed eight semesters, in an ROTC
institution without
charge of tuition. Once an eligible student qualifies for
the benefits pro-
vided for under this act, such eligible student
shall remain qualified for
not to exceed eight semesters of undergraduate study unless
the appro-
priate selection committee determines that such eligible student is
dis-
qualified for failure to meet any or all of the requirements
imposed under
the provisions of this act.
Sec. 36. K.S.A. 2000 Supp. 74-3258
is hereby amended to read as
follows: 74-3258. The selection committee of each ROTC institution
shall:
(a) Receive and register the names of all
eligible students who apply
for the benefits provided for under this act
ROTC service scholarships;
(b) select methods for determining which
eligible students are to be
recipients of the benefits under this act ROTC
service scholarships;
(c) designate and notify the eligible
students selected to receive the
benefits provided for under this act ROTC
service scholarships.
Sec. 37. K.S.A. 2000 Supp. 74-3259
is hereby amended to read as
follows: 74-3259. In order to apply for qualification for
the benefits pro-
vided for under this act an ROTC service
scholarship, an eligible student,
if selected to receive benefits under this act
such a scholarship, shall agree
to:
(a) Maintain standards of academic
excellence and other standards
required to remain in good standing;
(b) maintain minimum full-time enrollment
of at least 12 credit hours
each semester;
(c) participate in the reserve officers'
training corps program;
(d) demonstrate the qualities required in
a commissioned officer;
(e) immediately upon graduation
from an ROTC institution, accept
a commission as a second lieutenant and serve for not less than
four years
as a commissioned officer in the Kansas national
guard.; and
(f) upon failure to satisfy an
agreement to serve as a commissioned
officer in the Kansas national guard for the required four-year
period,
repay to the state amounts as provided in K.S.A. 74-3260, and
amend-
ments thereto.
Sec. 38. K.S.A. 2000 Supp. 74-3260
is hereby amended to read as
follows: 74-3260. (a) Upon the failure of any person, who as
an eligible
student qualified for and received benefits provided for
under this act
payments under an ROTC service scholarship, to remain
eligible and
qualified or to satisfy the obligation to accept a commission and
serve as
an officer in the Kansas national guard for the required period of
time
under an agreement entered into pursuant to this act, such person
shall
serve for not less than four years as an enlisted member of
the Kansas
national guard, or pay to the state of Kansas an
amount equal to the total
amount of benefits payments received by
such person plus accrued in-
terest from the date such payments were received at a rate which
is equiv-
alent to the interest rate applicable to loans made under the
federal PLUS
program at the time such person first entered into an agreement
plus five
percentage points. Such payment shall commence within 30
days, and be
completed within five years, after the date of the act or
circumstance that
causes the failure of the person to remain eligible and qualified
or to
satisfy the obligation of such agreement. Payments under this
section shall
be installment payments and each such installment shall be not
less than
an amount equal to 1/5 of the total amount which would be
required to be
paid if paid in five equal annual installments. If an
installment payment
becomes 91 days overdue, the entire amount outstanding shall
become
immediately due and payable, including all interest at the rate
prescribed.
Amounts paid under this section shall be deposited in the state
treasury
and credited to the ROTC service scholarship repayment fund as
provided
in section 39, and amendments thereto.
(b) The state board of regents is
authorized to turn any repayment
account arising under the ROTC service scholarship program over
to a
designated loan servicer or collection agency, the state not
being involved
other than to receive payments from the loan servicer or
collection agency
at the interest rate prescribed under this section.
New Sec. 39. (a) There is hereby
created in the state treasury the
ROTC service scholarship program fund. The state board of regents
shall
remit all moneys received under the ROTC service scholarship
program,
which are paid because of nonattendance or discontinuance by
scholar-
ship recipients, to the state treasurer at least monthly. Upon
receipt of
each such remittance the state treasurer shall deposit the entire
amount
thereof in the state treasury, and such amount shall be credited to
the
ROTC service scholarship program fund. All expenditures from
the
ROTC service scholarship program fund shall be for ROTC service
schol-
arships and shall be made in accordance with appropriation acts
upon
warrants of the director of accounts and reports issued pursuant to
vouch-
ers approved by the state board of regents or by a person
designated by
the state board.
(b) There is hereby created in the state
treasury the ROTC service
scholarship repayment fund. The state board of regents shall remit
all
moneys received under the ROTC service scholarship program,
which
are for payment of amounts pursuant to K.S.A. 74-3260, and
amendments
thereto, to the state treasurer at least monthly. Upon receipt of
each such
remittance the state treasurer shall deposit the entire amount
thereof in
the state treasury, and such amount shall be credited to the ROTC
service
scholarship repayment fund. All expenditures from the ROTC
service
scholarship repayment fund shall be for scholarships awarded under
the
ROTC service scholarship program and shall be made in accordance
with
appropriation acts upon warrants of the director of accounts and
reports
issued pursuant to vouchers approved by the state board of regents
or by
a person designated by the state board.
New Sec. 40. (a) Except as
otherwise specified in the agreement, an
obligation under any agreement entered into in accordance with
the
ROTC service scholarship program shall be postponed: (1) During
any
period of service as a part of volunteers in service to America
(VISTA);
(2) during any period of service in the peace corps; (3) during any
period
of service commitment to the United States public health service;
(4)
during any period of religious missionary work conducted by an
organi-
zation exempt from tax under section 501(c)(3) of the federal
internal
revenue code as in effect on December 31, 2000; (5) during any
period
of time in which the person obligated is unable because of
temporary
medical disability to commence or continue performance in
satisfaction
of the obligation; (6) during any period of time the person
obligated is
enrolled and actively engaged on a full-time basis in a graduate
program
leading to a degree which is higher than that formerly attained;
(7) during
any period of time the person obligated is on job-protected leave
under
the federal family and medical leave act of 1993; or (8) during any
period
of time the state board of regents determines that the person
obligated
is unable because of special circumstances to commence or continue
per-
formance in satisfaction of the obligation. Except for clauses (5),
(7) and
(8), an obligation under any agreement entered into in accordance
with
the ROTC service scholarship program shall not be postponed more
than
five years from the time performance of the obligation was to have
been
commenced under any such agreement. An obligation under any
agree-
ment entered into in accordance with the program shall be
postponed
under clause (5) during the period of time the medical disability
exists.
An obligation under any agreement entered into in accordance with
the
program shall be postponed under clause (7) during the period of
time
the person obligated remains on FMLA leave. An obligation to
commence
or continue performance in satisfaction of the obligation in
accordance
with an agreement under the ROTC service scholarship program shall
be
postponed under clause (8) during the period of time the state
board of
regents determines that the special circumstances exist. The state
board
of regents shall adopt rules and regulations prescribing criteria
or guide-
lines for determination of the existence of special circumstances
causing
an inability to commence or continue performance in satisfaction of
the
obligation, and shall determine the documentation required to prove
the
existence of such circumstances.
(b) An obligation under any agreement
entered into in accordance
with the ROTC service scholarship program shall be satisfied: (1)
If per-
formance of the obligation has been completed in accordance with
the
agreement; (2) if the person obligated serves for not less than
four years
as an enlisted member of the Kansas national guard; (3) if the
person
obligated dies; (4) if, because of permanent physical disability,
the person
obligated is unable to satisfy the obligation; (5) if the person
obligated
fails to satisfy the requirements of the academic program in which
en-
rolled after making the best effort possible; (6) if the person
obligated
fails to satisfy all requirements for participation in the reserve
officers'
training corps program after making the best effort possible; or
(7) if the
person obligated fails to satisfy all requirements for commission
as a sec-
ond lieutenant in the Kansas national guard after making the best
effort
possible.
Sec. 41. K.S.A. 2000 Supp.
74-32,131 is hereby amended to read as
follows: 74-32,131. This act shall be known and may be cited as the
ad-
vanced registered nurse practitioner student
service scholarship program.
Sec. 42. K.S.A. 2000 Supp.
74-32,132 is hereby amended to read as
follows: 74-32,132. As used in this act:
(a) ``Committee'' means the nursing
service scholarship review com-
mittee established under K.S.A. 74-3299, and amendments
thereto.
(b) ``Executive officer'' means the
chief executive officer of the state
board of regents appointed under K.S.A. 74-3203
2000 Supp. 74-3203a,
and amendments thereto.
(c) ``Educational and training program
for advanced registered nurse
practitioners'' means a post-basic nursing education program a
graduate
of which meets the education requirements of the board of nursing
for a
certificate of qualification as an advanced registered nurse
practitioner.
(d) ``Medically underserved area'' means
an area of this state desig-
nated a medically underserved area by specialty or
critically medically
underserved area by specialty under K.S.A. 76-375 and
amendments
thereto a practice location designated
medically underserved by the state
board of regents.
(e) ``Rural area'' means any county
in of this state which has a
pop-
ulation of not more than 20,000 people at the time of
application other
than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte
counties.
Sec. 43. K.S.A. 2000 Supp.
74-32,133 is hereby amended to read as
follows: 74-32,133. (a) There is hereby established the advanced
regis-
tered nurse practitioner student service
scholarship program. Within the
limits of appropriations therefor, a scholarship may be awarded
under
this the program to any qualified student
enrolled in or admitted to an
educational and training program for advanced registered nurse
practi-
tioners. The number of scholarships awarded under this
scholarship the
program in any year shall not exceed 12.
(b) The determination of the individuals
qualified for such scholar-
ships shall be made by the executive officer after seeking advice
from the
committee. Scholarships shall be awarded on a priority basis to
qualified
applicants in the advanced registered nurse practitioner categories
of
nurse clinician or nurse practitioner or clinical specialist who
have the
greatest financial need for such scholarships and who are residents
of this
state. To the extent practicable and consistent with the other
provisions
of this section, consideration shall be given to minority
applicants.
(c) Scholarships awarded under
this scholarship the program shall be
awarded for the length of the course of instruction required for
gradua-
tion as an advanced registered nurse practitioner unless terminated
be-
fore expiration of such period of time. Such scholarships
shall provide (1)
to the a student receiving the
scholarship enrolled in or admitted to an
educational and training program for advanced registered nurse
practi-
tioners operated by a state educational institution the
payment of tuition,
fees, books, room and board in an amount not to exceed the
total of
$15,000 annually an amount not to exceed 70% of
the cost of attendance
for a year, and (2) to a student enrolled in or admitted to an
educational
and training program for advanced registered nurse practitioners
oper-
ated by an independent institution of higher education the
payment of an
amount not to exceed 70% of the average amount of the cost of
attendance
for a year in educational and training programs for advanced
registered
nurse practitioners operated by the state educational
institutions. The
amount of each scholarship shall be established annually by the
executive
officer and shall be financed by the state of Kansas.
Sec. 44. K.S.A. 2000 Supp.
74-32,134 is hereby amended to read as
follows: 74-32,134. (a) An applicant for a scholarship under
this the ad-
vanced registered nurse practitioner service scholarship
program shall
provide to the executive officer, on forms supplied by the
executive of-
ficer, the following information:
(1) The name and address of the
applicant;
(2) the name and address of the
educational and training program for
advanced registered nurse practitioners in which the
applicant is enrolled
in or to which the applicant has been admitted;
and
(3) any additional information which may
be required by the execu-
tive officer.
(b) As a condition to awarding a
scholarship under this act, the ex-
ecutive officer and the applicant for a scholarship shall enter
into an
agreement which shall require that the scholarship recipient:
(1) Engage in as a
full-time student in and complete the required
course of instruction leading to the certificate of qualification
as an ad-
vanced registered nurse practitioner;
(2) engage in within
six months after graduation from the educational
and training program for advanced registered nurse
practitioners, com-
mence full-time practice as an advanced registered nurse
practitioner, or
commence the equivalent to full-time practice as
specified by rules and
regulations of the state board of regents adopted in
accordance with the
provisions of K.S.A. 2000 Supp. 74-32,137 and amendments
thereto, or
commence part-time practice as an advanced registered nurse
practi-
tioner, in a rural area or a medically underserved area,
continue such
practice for the total amount of time required under the
agreement, and
comply with such other terms and conditions as may be specified by
such
the agreement;
(3) commence full-time practice, or the
equivalent to full-time prac-
tice as specified by rules and regulations of the state
board of regents
adopted in accordance with the provisions of K.S.A. 2000
Supp. 74-32,137
and amendments thereto, as an advanced
registered nurse practitioner
in a rural area or medically underserved area within six
months after
graduation from the educational and training program for
advanced reg-
istered nurse practitioners in accordance with the
agreement entered into
by the scholarship recipient and continue such
full-time practice, or the
equivalent to full-time practice, in a rural area or
medically underserved
area for the total amount of time required under the agreement,
which
shall be for a period of not less than the length of the course of
instruction
for which the scholarship assistance was provided, or commence
part-time
practice in a rural area or medically underserved area and
continue such
part-time practice in a rural area or medically underserved area
for the
total amount of time required under the agreement, which shall
be for a
period of time that is equivalent to full time, as determined by
the state
board of regents, multiplied by the length of the course of
instruction for
which the scholarship assistance was provided;
(4) maintain records and make reports to
the executive officer as may
be required by the executive officer to document the satisfaction
of the
obligation under this act; and
(5) upon failure to satisfy an agreement
to engage in full-time practice
as an advanced registered nurse practitioner, or the equivalent to
full-
time practice as specified by rules and regulations of the
state board of
regents adopted in accordance with the provisions of K.S.A.
2000 Supp.
74-32,137 and amendments thereto, or in
part-time practice, in a rural
area or medically underserved area for the required period of time
under
any such agreement, repay to the state amounts as provided in
K.S.A.
2000 Supp. 74-32,135, and amendments thereto.
Sec. 45. K.S.A. 2000 Supp.
74-32,135 is hereby amended to read as
follows: 74-32,135. (a) Except as provided in K.S.A. 2000
Supp. 74-
32,136, and amendments thereto, upon the failure of any
person to satisfy
the obligation under any agreement entered into pursuant to this
act,
such person shall pay to the executive officer an amount equal to
the total
amount of money received by such person pursuant to such
agreement
which is financed by the state of Kansas plus
annual accrued interest at
a rate of 15% which is equivalent to the
interest rate applicable to loans
made under the federal PLUS program at the time such person
first en-
tered into an agreement plus five percentage points.
Installment payments
of such amounts may be made in accordance with rules and
regulations
of the state board of regents, except that such installment
payments shall
commence six months after the date of the action or circumstances
that
cause the failure of the person to satisfy the obligations of such
agree-
ments, as determined by the executive officer based upon the
circum-
stances of each individual case. Amounts paid under this section to
the
executive officer shall be deposited in the advanced registered
nurse prac-
titioner student service scholarship
program fund in accordance with
K.S.A. 2000 Supp. 74-32,138 and amendments thereto.
(b) The state board of regents is
authorized to turn any repayment
account arising under the advanced registered nurse practitioner
service
scholarship program over to a designated loan servicer or
collection
agency, the state not being involved other than to receive
payments from
the loan servicer or collection agency at the interest rate
prescribed under
this section.
Sec. 46. K.S.A. 2000 Supp.
74-32,136 is hereby amended to read as
follows: 74-32,136. (a) An obligation under any agreement entered
into
under the advanced registered nurse practitioner
student service schol-
arship program shall be postponed: (1) During any required
period of
active military service; (2) during any period of service in the
peace corps;
(3) during any period of service as a part of volunteers in service
to Amer-
ica (VISTA); (4) during any period of service commitment to the
United
States public health service; (5) during any period of religious
missionary
work conducted by an organization exempt from tax under
subsection (c)
of section 501(c)(3) of the federal
internal revenue code of 1986 as in
effect on January 1 December 31,
1993 2000; (6) during any period of
temporary medical disability during which
time the person obligated is
unable because of such temporary medical
disability to practice as an
advanced registered nurse practitioner; or (7)
during any period of time
the person obligated is enrolled and actively engaged on a
full-time basis
in a course of study leading to a graduate degree in a field
in for which
such person was awarded a scholarship under this act which
degree is
higher than that formerly attained formerly by the
person obligated; (8)
during any period of time the person obligated is on
job-protected leave
under the federal family and medical leave act of 1993; or (9)
during any
period of time the state board of regents determines that the
person ob-
ligated is unable because of special circumstances to practice
as an ad-
vanced registered nurse practitioner. Except for clauses (6),
(8) and (9),
an obligation under any agreement entered into as provided in
the ad-
vanced registered nurse practitioner service scholarship program
shall not
be postponed more than five years from the time the obligation
was to
have been commenced under any such agreement. An obligation
under
any agreement as provided in the advanced registered nurse
practitioner
service scholarship program shall be postponed under clause (6)
during
the period of time the medical disability exists. An obligation
to engage in
practice as an advanced registered nurse practitioner in
accordance with
an agreement under the advanced registered nurse practitioner
service
scholarship program shall be postponed under clause (8) during
the pe-
riod of time the person obligated remains on FMLA leave. An
obligation
to engage in practice as an advanced registered nurse
practitioner in ac-
cordance with an agreement under the advanced registered nurse
prac-
titioner service scholarship program shall be postponed under
clause (9)
during the period of time the state board of regents determines
that the
special circumstances exist. The state board of regents shall
adopt rules
and regulations prescribing criteria or guidelines for
determination of the
existence of special circumstances causing an inability to
practice as an
advanced registered nurse practitioner, and shall determine the
docu-
mentation required to prove the existence of such
circumstances.
(b) An obligation under any agreement
under entered into in accord-
ance with the advanced registered nurse practitioner
student service
scholarship program shall be satisfied: (1) If the obligation
in accord-
ance with an agreement under the scholarship
program has been com-
pleted in accordance with the agreement; (2) if the person
obligated dies;
(3) if, because of permanent physical disability, the person
obligated is
unable to satisfy the obligation; or (4) if the
person obligated fails to satisfy
the requirements for completion of the educational and training
program
after making the best effort possible to do so; or (5) if the
person obligated
is unable to obtain employment as an advanced registered nurse
practi-
tioner and continue in such employment after making the best
effort pos-
sible to do so.
Sec. 47. K.S.A. 2000 Supp.
74-32,137 is hereby amended to read as
follows: 74-32,137. The state board of regents, after consultation
with the
committee, may adopt rules and regulations establishing minimum
terms,
conditions and obligations which shall be incorporated into the
provisions
of any agreement under the advanced registered nurse practitioner
stu-
dent service scholarship program. The
terms, conditions and obligations
shall be consistent with the provisions of law relating to the
advanced
registered nurse practitioner student
service scholarship program. The
terms, conditions and obligations so established shall include, but
not be
limited to, the terms of eligibility for financial assistance under
the ad-
vanced registered nurse practitioner student
service scholarship program,
the amount of financial assistance to be offered, the length of
practice in
a rural area or medically underserved area required as a condition
to the
receipt of such financial assistance to be offered, the amount of
money
required to be repaid because of failure to satisfy the obligations
under
an agreement and the method of repayment and such other
additional
provisions as may be necessary to carry out the provisions of the
advanced
registered nurse practitioner student
service scholarship program. The
state board of regents, after consultation with the committee,
shall adopt
rules and regulations establishing criteria for evaluating the
financial need
of applicants for scholarships and may adopt such other rules and
regu-
lations as may be necessary to administer the advanced registered
nurse
practitioner student service scholarship
program.
Sec. 48. K.S.A. 2000 Supp.
74-32,138 is hereby amended to read as
follows: 74-32,138. There is hereby created in the state treasury
the ad-
vanced registered nurse practitioner student
service scholarship program
fund. The executive officer shall remit all moneys received under
this act
to the state treasurer at least monthly. Upon receipt of each such
remit-
tance the state treasurer shall deposit the entire amount thereof
in the
state treasury, and such amount shall be credited to the advanced
regis-
tered nurse practitioner student service
scholarship program fund. All
expenditures from the advanced registered nurse practitioner
student
service scholarship program fund shall be for scholarships
awarded under
this act and shall be made in accordance with appropriation acts
upon
warrants of the director of accounts and reports issued
pursuant to vouch-
ers approved by the executive officer or by a person designated by
the
executive officer.
New Sec. 49. (a) There is hereby
established the professional service
scholarship advisory committee which shall consist of the following
mem-
bers appointed by the state board of regents: One member
representing
osteopaths; one member representing teachers; one member
represent-
ing optometrists; one member representing ethnic minority graduate
stu-
dents; one member representing reserve officer candidates; one
member
representing nurses; and the chairperson of the nursing service
scholar-
ship review committee or a designee of the chairperson.
(b) The professional service scholarship
advisory committee shall
make recommendations to the state board of regents regarding
budget
requests for and administration of professional service
scholarships.
(c) The members of the professional
service scholarship advisory
committee shall be appointed for three-year terms and shall serve
until
their successors are appointed and qualified. If a vacancy occurs
prior to
the expiration of a term, the appointing authority shall appoint a
person
to fill such position for the unexpired term. Persons appointed to
the
committee may be reappointed by the appointing authority for
succeed-
ing terms.
(d) The executive officer of the state
board of regents or a designee
of the executive officer shall provide relevant information, staff
assistance,
and meeting arrangements for the professional service scholarship
advi-
sory committee which shall meet at least once per year.
(e) Members of the professional service
advisory committee shall be
eligible for amounts provided in subsection (e) of K.S.A. 75-3223,
and
amendments thereto, for attendance at any meeting of the committee
or
any subcommittee meeting authorized by the committee. Amounts
paid
under this subsection shall be from appropriations to the state
board of
regents upon warrants of the director of accounts and reports
issued pur-
suant to vouchers approved by the state board or a person
designated by
the state board.
Sec. 50. K.S.A. 74-3223, 74-3224,
74-3225, 74-3226, 74-3227, 74-
3228, 74-3246, 74-3247, 74-3248, 74-3267a, 74-3268, 74-3268a,
74-3269,
74-3271, 74-3272, 74-3273, 74-3291, 74-3293, 74-3294, 74-3297,
74-
3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-32,105 and
74-
32,106 and K.S.A. 2000 Supp. 74-3256, 74-3257, 74-3258, 74-3259,
74-
3260, 74-3265, 74-3266, 74-3267, 74-3292, 74-3295, 74-3296,
74-3298,
74-32,104, 74-32,107, 74-32,112, 74-32,113, 74-32,114, 74-32,115,
74-
32,116, 74-32,117, 74-32,118, 74-32,131, 74-32,132, 74-32,133,
74-
32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 are hereby
re-
pealed.
Sec. 51. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved May 7, 2001.
__________