CHAPTER 188
SENATE BILL No. 647
An Act concerning the Kansas higher education coordination
act; relating to the financing
of postsecondary educational institutions; the powers, duties and
functions of the state
board of regents; relating to employees thereof; amending K.S.A.
46-247 and K.S.A.
2001 Supp. 71-620, 72-6503, 74-3201b, 74-3202c, 74-3202d, 74-3205a,
74-3205b, 74-
3205c and 74-3205d and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp.
74-3201b is hereby amended to read
as follows: 74-3201b. As used in the Kansas higher education
coordination
act:
(a) ``State board of regents'' or ``state
board'' means the state board
of regents provided for in the constitution of this state and
established by
K.S.A. 2001 Supp. 74-3202a, and amendments thereto, except as
other-
wise specifically provided in this act.
(b) ``State educational institution''
means any state educational insti-
tution, as defined in K.S.A. 76-711, and amendments thereto.
(c) ``Municipal university'' means
Washburn university of Topeka
Washburn university of Topeka or any other municipal university
estab-
lished under the laws of this state.
(d) ``Community college'' means any
community college established
under the laws of this state.
(e) ``Technical college'' means any
technical college established under
K.S.A. 72-4468, and amendments thereto the laws
of this state.
(f) ``Vocational education school'' means
any area vocational school
or area vocational-technical school established under the laws of
this state.
(g) ``Public university'' means any state
educational institution.
(h) ``Postsecondary educational
institution'' means any public univer-
sity, municipal university, community college, technical college
and vo-
cational education school, and includes any entity resulting from
the con-
solidation or affiliation of any two or more of such
postsecondary
educational institutions.
(i) ``Proprietary school'' means any
proprietary school as defined in
K.S.A. 72-4919, and amendments thereto. The term proprietary
school
does not include within its meaning any school or educational
institution
specifically exempted from the definition of proprietary school by
the
provisions of K.S.A. 72-4920, and amendments thereto.
(j) ``Adult basic education program'' and
``adult supplementary edu-
cation program'' have the meanings respectively ascribed thereto
in
K.S.A. 72-4517, and amendments thereto.
(k) ``Representative of a postsecondary
educational institution''
means any person who is the holder of an associate degree, a
bachelor's
degree, or a certificate of completion awarded by a postsecondary
edu-
cational institution.
Sec. 2. K.S.A. 2001 Supp. 74-3202c
is hereby amended to read as
follows: 74-3202c. (a) In the exercise of its leadership role, the
state board
of regents shall be an advocate for the provision of adequate
resources
and sufficient authority for all postsecondary educational
institutions so
that each postsecondary educational institution can realize, within
its pre-
scribed mission, role and scope, its full potential to the benefit
of the
students who attend such postsecondary educational institution and
to
the benefit of all Kansas residents in terms of receiving the
benefits of a
highly educated and vocationally trained populace.
(b) In addition to other duties and
functions prescribed by law, the
state board of regents shall:
(1) Serve as the representative of the
public postsecondary educa-
tional system before the governor and the Kansas
legislature;
(2) provide statewide planning for
higher education and adopt, from
time to time amend, revise or modify, and administer a
comprehensive
plan for coordination of higher education within this state;
(2) (3) determine
institutional roles and review institutional missions
and goals for each postsecondary educational institution taking
into ac-
count both institutional needs and the needs of the state's
system of higher
education as a whole;
(3) (4) develop
articulation procedures so that maximum freedom of
transfer among and between postsecondary educational institutions
is en-
sured;
(4) approve or disapprove for
state funding purposes existing and pro-
posed educational programs, courses of instruction and
out-district pro-
gram and course locations
(5) develop and implement, in
conjunction with the postsecondary
educational institutions, a comprehensive plan for coordinating
all pro-
gram offerings by postsecondary educational institutions. The
board shall
not coordinate program offerings that are specifically developed
and en-
tirely paid for by an entity which limits enrollment to a class
of individuals
who are employees, members or business customers of the
entity;
(5) review budget requests and
requests for state funding of postse-
condary educational institutions and present
(6) develop a unified budget for
higher education state funding of
postsecondary educational institutions and present such
budget to the
governor and the legislature each year and receive and allocate
the state
funds appropriated for funding of postsecondary educational
institutions
in accordance with legislative directives, except as provided in
subsection
(e) of K.S.A. 2001 Supp. 74-3202d, and amendments
thereto;
(6) (7) approve
core indicators of quality performance for postsecon-
dary educational institutions after considering core indicators
recom-
mended by each such postsecondary educational institution;
(7) (8) resolve
conflicts among and between postsecondary educa-
tional institutions;
(8) (9) develop
and implement a comprehensive plan for the utili-
zation of distance learning technologies;
(9) (10) develop
each year and recommend to the governor and the
legislature a policy agenda for higher education, which policy
agenda shall
assess priorities among proposals for policy change, programatic
recom-
mendations, and state funding requests;
(10) (11) conduct
continuous studies of ways to maximize the utili-
zation of resources available for higher education in Kansas and
initiate
action for improvement;
(11) (12) conduct
continuous studies of how state policies affect
higher education and how Kansas economic and demographic trends
im-
pact upon accessibility and affordability of postsecondary
education to
Kansas residents, and initiate ways to improve such accessibility
and af-
fordability;
(12) (13) receive
and consider reports, proposals and recommenda-
tions of the commissions and take such actions thereon as are
deemed
necessary and appropriate;
(13) (14) report
annually on the performance of its functions and
duties to the governor and the legislature; and
(14)
(15) exercise such other powers and perform such other
func-
tions and duties as are deemed necessary and appropriate to the
fulfill-
ment of its constitutional and statutory responsibilities.
(c) Notwithstanding any of the powers,
duties and functions con-
ferred and imposed upon the state board of regents under the
Kansas
higher education coordination act, the boards of trustees of the
com-
munity colleges shall continue to have custody of and be
responsible for
the property of their respective community colleges and shall be
respon-
sible for the operation, management and control of such community
col-
leges, except as otherwise expressly provided by law.
Sec. 3. K.S.A. 2001 Supp. 74-3202d
is hereby amended to read as
follows: 74-3202d. (a) During the 2000 fiscal year, the state board
of
regents (1) shall review the performance indicators developed by
the pos-
tsecondary educational institutions, including the municipal
university; (2)
after consideration of the core indicators of quality performance
identi-
fied by the respective commissions and with the active involvement
of
the postsecondary educational institutions, shall approve
those indicators
that the state board determines should be implemented; and (3)
shall
select from among the indicators approved for implementation those
in-
dicators that will become determinants for the allocation of state
moneys
on the basis of performance. The indicators selected may vary among
the
postsecondary educational institutions and among
institutional sectors
and, if feasible, shall include indicators developed and adopted by
the
governing bodies of each postsecondary educational institution
based on
the needs of each such postsecondary educational
institution.
(b) During the 2001 fiscal year, the
postsecondary educational insti-
tutions, including the municipal university, shall develop
institutional im-
provement plans showing how they will implement the performance
in-
dicators applicable to their institution and how they will
measure
performance on the basis of each indicator. Institutional
improvement
plans shall be revised and submitted to the state board of regents
by each
institution at least every three years. The state board of
regents shall
provide technical assistance to institutions in the development,
imple-
mentation, and revision of their improvement plans.
(c) Commencing on July 1, 2001,
institutional improvement plans
shall be implemented for each postsecondary educational
institution, in-
cluding the municipal university. Each postsecondary
educational insti-
tution shall begin the data collection, measurement, or other
documen-
tation necessary in order for its performance to be evaluated with
regard
to each indicator.
(d) Commencing on July 1, 2004, the
state board shall have authority
to review and approve institutional improvement plans, and, on
the basis
of each plan, shall develop and implement a performance
agreement with
each postsecondary educational institution. Performance
agreements shall
incorporate the goals, priorities, policies and mission
objectives identified
in the institutional improvement plans, and the performance
measures,
which will be used to demonstrate compliance and
progress.
(e) Commencing on July 1, 2005, each
postsecondary educational in-
stitution's receipt of new state funds shall be contingent on
achieving
compliance with its performance agreement. As used in this
subsection,
``new state funds'' means that amount of state funds by which
the amount
received by a postsecondary educational institution for a fiscal
year ex-
ceeds the amount received by that postsecondary educational
institution
for the preceding fiscal year. The state board shall determine
the amount
of new state funds to be received by each postsecondary
educational in-
stitution, taking into account the postsecondary educational
institution's
level of compliance with its performance agreement and the funds
avail-
able for distribution. Any new state funds received by a
postsecondary
educational institution pursuant to a performance agreement
shall be
deemed to be part of the state funds received in the preceding
fiscal year
for the purposes of determining new state funds for the
postsecondary
educational institution pursuant to a performance agreement for
the en-
suing fiscal year. If a postsecondary educational institution is
not allocated
any portion of new state funds in a fiscal year, the new state
funds which
the institution was eligible to be allocated by the state board
in such fiscal
year shall be deemed part of the state funds received by such
institution
in such fiscal year for the purpose of determining such
institution's base
budget and any new state funds for the ensuing fiscal year. The
failure of
a postsecondary educational institution to enter a performance
agreement
with the state board shall prevent that postsecondary
educational insti-
tution from receiving any new state funds. Any funds designated
by the
legislature for a specific postsecondary educational institution
or purpose
shall be exempt from the provisions of this section.
Sec. 4. K.S.A. 2001 Supp. 74-3205a
is hereby amended to read as
follows: 74-3205a. (a) For the purpose of expediting the
exercise of pow-
ers and the performance of functions and duties of the state board
of
regents, there is derived from the state board a commission for
com-
munity colleges and vocational/technical education, a commission
for
public universities, and a commission for higher education
coordination.
Each commission shall be composed of three members who are
members
of the state board. At the time a member is appointed to the state
board,
the governor shall designate the commission on which the member
shall
serve so that each member of the state board is designated for
service on
one of the commissions. At no time after July 1, 2002, shall there
be more
than one representative of any one postsecondary educational
institution
designated for service on a commission. The members of each
commis-
sion shall organize annually by electing one member of their
respective
commissions as chairperson. The chairperson of the state board may
not
serve as the chairperson of a commission.
(b) The provisions of this section
shall expire on June 30, 2003.
Sec. 5. K.S.A. 2001 Supp. 74-3205b
is hereby amended to read as
follows: 74-3205b. (a) The commission for community colleges and
vo-
cational/technical education shall meet at Topeka at least
quarterly in each
year on dates fixed by the commission. Special meetings may be
held
upon the call of the chairperson of the commission or upon petition
to
the chairperson by the other two members of the commission. The
date
and place of all special meetings shall be designated in the call.
Two
members of the commission shall constitute a quorum for the
transaction
of business but one member may adjourn any regular or special
meeting
to a definite time and place.
(b) The commission for community colleges
and vocational/technical
education shall:
(1) Propose for adoption by the state
board rules and regulations for
supervision of the community colleges, technical colleges and
vocational
education schools;
(2) provide state wide planning for
community colleges, technical col-
leges and vocational education schools.
(3) initiate plans for institutional
advancement and new educational
programs and courses of instruction;
(4) review existing and proposed
educational programs, courses of
instruction, and program and course locations and make
recommenda-
tions to the state board for approval or disapproval of such
programs,
courses and locations for state funding purposes;
(5) review requests of community
colleges, technical colleges and vo-
cational education schools for state funding and formulate
recommen-
dations thereon;
(6) identify core indicators of quality
performance for community col-
leges, technical colleges and vocational education schools;
(7) develop each year a policy agenda for
community colleges, tech-
nical colleges and vocational education schools;
(8) conduct continuous studies of ways to
maximize the utilization of
resources available for community colleges, technical colleges and
voca-
tional education schools and formulate recommendations for
improve-
ment; and
(9) make reports on the performance of
its functions and duties to-
gether with any proposals and recommendations it may formulate
with
respect thereto at each regular meeting of the state board.
(c) The provisions of this section
shall expire on June 30, 2003.
Sec. 6. K.S.A. 2001 Supp. 74-3205c
is hereby amended to read as
follows: 74-3205c. (a) The commission for public universities shall
meet
at Topeka at least quarterly in each year on dates fixed by the
commission.
Special meetings may be held upon the call of the chairperson of
the
commission or upon petition to the chairperson by the other two
mem-
bers of the commission. The date and place of all special meetings
shall
be designated in the call. Two members of the commission shall
constitute
a quorum for the transaction of business but one member may
adjourn
any regular or special meeting to a definite time and place.
(b) The commission for public
universities shall:
(1) Propose for adoption by the state
board of rules and regulations
for operation and management of the state educational
institutions;
(2) initiate plans for institutional
advancement and new educational
programs and courses of instruction;
(3) formulate budget requests for the
state educational institutions;
(4) review existing educational programs
and courses of instruction
at the public universities and evaluate the educational and
economic jus-
tification, or lack thereof, for such programs and courses;
(5) identify core indicators of quality
performance for public univer-
sities;
(6) make recommendations to the state
board with respect to the
appointment of chief executive officers of the state educational
institu-
tions;
(7) develop each year a policy agenda for
public universities;
(8) conduct continuous studies of ways to
maximize the utilization of
resources available for public universities and formulate
recommenda-
tions for improvement; and
(9) make reports on the performance of
its functions and duties to-
gether with any proposals and recommendations it may formulate
with
respect thereto at each regular meeting of the state board.
(c) The provisions of this section
shall expire on June 30, 2003.
Sec. 7. K.S.A. 2001 Supp. 74-3205d
is hereby amended to read as
follows: 74-3205d. (a) The commission for higher education
coordination
shall meet at Topeka at least quarterly in each year on dates fixed
by the
commission. Special meetings may be held upon the call of the
chairper-
son of the commission or upon petition to the chairperson by the
other
two members of the commission. The date and place of all special
meet-
ings shall be designated in the call. Two members of the commission
shall
constitute a quorum for the transaction of business but one member
may
adjourn any regular or special meeting to a definite time and
place.
(b) The commission for higher education
coordination shall:
(1) Conduct continuous review and
evaluation of the comprehensive
plan for coordination of higher education and make recommendations
as
deemed necessary and appropriate for amendment, revision or
modifi-
cation of the plan;
(2) review existing and proposed
educational programs, courses of
instruction, and program and course locations and make
recommenda-
tions to the state board with respect to the coordination of such
programs,
courses and locations;
(3) collect and analyze data and maintain
a uniform postsecondary
education data base;
(4) formulate recommendations for
resolution of conflicts among and
between postsecondary educational sectors and institutions;
(5) compile and coordinate core
indicators of quality performance for
postsecondary educational institutions;
(6) broker affiliations and mergers of
postsecondary educational in-
stitutions;
(7) coordinate a state system interface
with the municipal university
universities and with private colleges and universities;
(8) formulate budget requests for state
student financial assistance
programs; and
(9) make reports on the performance of
its functions and duties to-
gether with any proposals and recommendations it may formulate
with
respect thereto at each regular meeting of the state board.
(c) On June 30, 2003, the provisions
of subsection (a) of this section
shall expire and shall be of no force and effect. On and after
June 30,
2003, the powers and duties of the commission for higher
education co-
ordination shall be powers and duties of the state board of
regents and
the references in subsection (b) to the commission for higher
education
coordination shall mean the state board of regents. On and after
June 30,
2003, the state board shall have authority to establish and
organize such
commissions, committees, advisory councils or other groups as it
shall
deem necessary and appropriate to the fulfillment of its
constitutional and
statutory responsibilities.
Sec. 8. K.S.A. 2001 Supp. 71-620 is
hereby amended to read as fol-
lows: 71-620. (a) In each fiscal year, commencing with the 2001
fiscal
year, each community college is entitled to an operating grant from
the
state general fund in an amount to be determined by the state
board. The
state board shall:
(1) Determine the average amount of
moneys from the state general
fund expended per FTE lower division undergraduate student in
the
preceding fiscal year at the regional state educational
institutions;
(2) (A) in the 2001 fiscal year,
compute 50% of the amount deter-
mined under (1); (B) in the 2002 fiscal year, compute 55% of the
amount
determined under (1); (C) in the 2003 fiscal year, compute 60% of
the
amount determined under (1); in the 2004 fiscal year and in each
fiscal
year thereafter, compute 65% of the amount determined under
(1);
(3) determine the total number of FTE
students of all the community
colleges;
(4) multiply the amount computed under
(2) by the total number of
FTE students determined under (3). Subject to the provisions of
subsec-
tion (e) of K.S.A. 2001 Supp. 74-3202d, and amendments
thereto, the
product is the total amount of operating grants the community
colleges
are entitled to receive for the fiscal year.
(5) Each community college which is not
an officially designated area
vocational school shall receive an amount equivalent to the
difference
between credit hour state aid received in the 1999 fiscal year for
credit
hours in any subject or course approved as a vocational education
subject
or course and 11/6 times the amount of credit hour state aid
received in
the 1999 fiscal year for credit hours in any subject or course
approved as
a vocational education subject or course. The amount determined
under
this provision shall be distributed in equal installments in the
2001
through 2004 fiscal years as a part of the community college's
operating
grant, but shall not be subject to the provisions of K.S.A. 71-204,
and
amendments thereto.
(6) In each fiscal year, the state board,
for the purpose of allocating
the amount determined under (4) to the community colleges, shall
deduct
the total of the amounts determined under (5) from the amount
deter-
mined under (4).
(7) In the 2001 fiscal year, the
remaining balance determined under
(6) shall be allocated to each community college according to the
ratio
the total amount of state aid received by the community college in
the
2000 fiscal year bears to the total amount of state aid received by
all
community colleges in the 2000 fiscal year, subject to adjustments
for
changes in each community college's FTE enrollment from the 2000
fis-
cal year to the 2001 fiscal year.
(8) In the 2002 fiscal year and in each
fiscal year thereafter, the re-
maining balance determined under (6) shall be allocated to each
com-
munity college according to the ratio the amount of the operating
grant
received by the community college in the prior fiscal year bears to
the
total amount of operating grants received by all community colleges
in
the prior fiscal year, subject to adjustments for changes in each
com-
munity college's FTE enrollment from the prior fiscal year to the
current
fiscal year.
(b) In each fiscal year, commencing with
the 2003 fiscal year, each
community college is eligible to receive a quality performance
grant from
the state general fund. If the state board determines that the
community
college has demonstrated effectiveness in complying with its role
and
mission statement and has met or exceeded the core indicators of
quality
performance for community colleges identified and approved by the
state
board, the community college shall receive a quality performance
grant
in an amount which shall be determined by the state board by
computing
2% of the amount of the operating grant the community college
received
in the preceding fiscal year. The computed amount is the amount of
the
quality performance grant the community college shall receive for
the
fiscal year.
(c) For the purposes of this section, the
FTE enrollment of the com-
munity college shall be based on: (1) Enrollment of students who
are
residents of the state of Kansas, or are considered residents of
the state
of Kansas pursuant to the provisions of K.S.A. 2001 Supp. 71-407,
and
amendments thereto; and (2) the greater of FTE enrollment of the
com-
munity college in the current fiscal year or FTE enrollment in the
pre-
ceding fiscal year.
(d) As used in this section, the term
regional state educational insti-
tutions means Emporia state university, Fort Hays state university
and
Pittsburg state university and the term lower division
undergraduate stu-
dent means a freshman or sophomore.
Sec. 9. K.S.A. 2001 Supp. 72-6503
is hereby amended to read as
follows: 72-6503. (a) In each fiscal year, the university is
entitled to an
operating grant from the state general fund in an amount to be
deter-
mined by the state board. The state board shall:
(1) Determine the average amount of
moneys from the state general
fund expended per FTE lower division undergraduate student in
the
preceding fiscal year at the regional state educational
institutions;
(2) (A) in the 2002 fiscal year,
compute 55% of the amount deter-
mined under (1); (B) in the 2003 fiscal year, compute 60% of the
amount
determined under (1); (C) in the 2004 fiscal year and in each
fiscal year
thereafter, compute 65% of the amount determined under (1);
(3) multiply the amount computed under
(2) by the number of FTE
students of the university. Subject to the provisions of
subsection (e) of
K.S.A. 2001 Supp. 74-3202d, and amendments thereto, the
product is the
amount of the operating grant the university is entitled to receive
for the
fiscal year.
(b) In each fiscal year, commencing with
the 2003 fiscal year, the
university is eligible to receive a quality performance grant from
the state
general fund. If the state board determines that the university has
dem-
onstrated effectiveness in complying with its mission and goals
statement
and has met or exceeded the core indicators of quality performance
iden-
tified and approved for the university by the state board, the
university
shall receive a quality performance grant in an amount which shall
be
determined by the state board by computing 2% of the amount of
the
operating grant the university received in the preceding fiscal
year. The
computed amount is the amount of the quality performance grant
the
university shall receive for the fiscal year.
(c) (1) For the purposes of this
section, the FTE enrollment of the
university shall be based on: (A) Enrollment of students who are
residents
of the state of Kansas; and (B) the greater of FTE enrollment in
the
second or third fiscal year preceding the fiscal year for which the
appro-
priation for the operating grant is made.
(2) As used in this section, the term
regional state educational insti-
tutions means Emporia state university, Fort Hays state university
and
Pittsburg state university and the term lower division
undergraduate stu-
dent means a freshman or sophomore.
(d) Moneys received as state grants from
the state general fund shall
not be expended for the purpose of expansion of graduate programs
or
for the purpose of expansion of off-campus programs without the
prior
approval of the state board.
Sec. 10. K.S.A. 46-247 is hereby
amended to read as follows: 46-247.
The following individuals shall file written statements of
substantial in-
terests, as provided in K.S.A. 46-248 to 46-252, inclusive, and
amend-
ments thereto:
(a) Legislators and candidates for
nomination or election to the leg-
islature;.
(b) Individuals holding an elected office
in the executive branch of
this state, and candidates for nomination or election to any such
office;.
(c) State officers, employees and members
of boards, councils and
commissions under the jurisdiction of the head of any state agency
who
are listed as designees by the head of a state agency pursuant to
K.S.A.
46-285, and amendments thereto;.
(d) Individuals whose appointment to
office is subject to confirmation
by the senate whether or not such individual is a state officer or
em-
ployee;.
(e) General counsels for state agencies
irrespective of how compen-
sated;.
(f) The administrator or executive
director of the education commis-
sion of the states, the interstate compact on agricultural grain
marketing,
the Mo-Kan metropolitan development district and agency compact,
the
Kansas City area transportation district and authority compact, the
mid-
west nuclear compact, the central interstate low-level radioactive
waste
compact, the multistate tax compact, the Kansas-Oklahoma Arkansas
river
basin compact, the Kansas-Nebraska Big Blue river compact, and
the
multistate lottery;.
(g) Private consultants under contract
with any agency of the state of
Kansas to evaluate bids for public contracts or to award public
contracts.
(h) From and after January 1, 2003,
any faculty member or other
employee of a postsecondary educational institution as defined
by K.S.A.
2001 Supp. 74-3201b, and amendments thereto, who provides
consulting
services and who, on behalf of or for the benefit of the person
for which
consulting services are provided:
(1) Promotes or opposes action or
nonaction by any federal agency,
any state agency as defined by K.S.A. 46-224, and amendments
thereto,
or any political subdivision of the state or any agency of such
political
subdivision or a representative of such state agency, political
subdivision
or agency; or
(2) promotes or opposes action or
nonaction relating to the expendi-
ture of public funds of the federal government, the state or
political sub-
division of the state or agency of the federal government, state
or political
subdivision of the state.
Sec. 11. K.S.A. 46-247 and K.S.A. 2001 Supp.
71-620, 72-6503, 74-
3201b, 74-3202c, 74-3202d, 74-3205a, 74-3205b, 74-3205c and
74-3205d
are hereby repealed.
Sec. 12. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved May 30, 2002.
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