Brief (1)
SB 657, as amended, would amend the Kansas Higher Education Coordination Act, which was enacted by the 1999 Legislature as SB 345. Proposed changes are the following:
Background
The 1999 Legislature restructured postsecondary education in SB 345, the Kansas Higher Education Coordination Act. The changes proposed in SB 657 generally concern community colleges and area vocational schools, because statutes applicable to these institutions were among the most affected by 1999 SB 345. Most of the proposed changes were recommended by the State Board of Regents and primarily are technical amendments.
Continuation of community college vocational education funds after June 30, 2000, would provide an audit trail so that it would be possible to identify vocational education funds community colleges receive. The funds were abolished in 1999 SB 345 because, after the end of the current fiscal year, there no longer will be a community college levy for vocational education.
The requirement that area vocational-technical schools have to have approval of the State Board of Regents before they can construct or acquire buildings or land affects only the two remaining schools that are governed by a multi-board of control made up of representatives of participating school districts (Northwest Kansas Technical School in Goodland and Southeast Kansas Area Technical School in Coffeyville). All other area vocational schools are governed by a single school district board of education or by a community college board of trustees. The amendment contained in SB 657 is proposed by the State Board of Regents in order to treat similar institutions in a uniform manner.
The change in the definition of "adult supplementary education program" is proposed by the State Board of Regents in order to remove the connotation that the courses are only hobby and recreational. Adult supplementary education programs do not receive state aid and are supported by user fees.
SB 657 would make changes relating to Kansas' membership on the Midwestern Higher Education Commission, which currently includes a member of the State Board of Education and a member of the State Board of Regents or a designee. Since the State Board of Education no longer has postsecondary education programs under its jurisdiction, the proposed change would delete the State Board of Education's representative and give the State Board of Regents two member positions. One would represent two-year institutions and one would represent four-year institutions. Other amendments on page 6 would delete obsolete language that was needed when membership on the Commission originally was established. Other Kansas commissioners would continue to be the Governor or a designee and two legislators-one from the House of Representatives and one from the Senate.
Other changes that would be made by SB 657 include the repeal of several provisions of existing law which the State Board of Regents considers to be unnecessary. The first is KSA 71-1001 through 71-1003, which require the State Board of Regents to develop a State Plan for Community Colleges. The State Board considers the requirement obsolete because the Kansas Higher Education Coordination Act requires the State Board to develop a comprehensive plan for the coordination of all of higher education in Kansas, a plan that would encompass the community colleges.
Also repealed would be KSA 1999 Supp. 71-901 and 71-902, which establishes the Advisory Council of Community Colleges. The State Board of Regents considers it unnecessary to continue the Advisory Council because there now is a commission of the State Board that is responsible for matters relating to community colleges and vocational-technical education. Further, one of the traditional functions of the Advisory Council was to review the State Plan for Community Colleges, which the State Board of Regents recommends be discontinued.
The Senate Committee of the Whole amended the bill to move responsibility for supervision of the Carl D. Perkins Vocational and Technical Education Act of 1998 from the State Board of Regents to the State Board of Education, where it resided prior to the implementation of 1999 SB 345. Federal law requires that only one entity in a state can be designated the administrator of the Act. While responsibility for administering the federal act was moved to the State Board of Regents, staff and associated funding for administrative expenses remained with the State Department of Education and the State Board of Education allocated federal vocational education funding both to secondary schools under its jurisdiction and to postsecondary institutions under the State Board of Regents. In a presentation before the Senate Education Committee, the Commissioner of Education and the Executive Director of the State Board of Regents explained that they are in the process of working out an agreement that addresses how staff and administrative expenses would be allocated between the two boards. The July 1, 2001, termination date of Kansas' acceptance of the provisions of the Carl D. Perkins Vocational and Technical Education Act of 1998 would force the Legislature to review the agreement the boards have worked out and make a decision as to whether the State Board of Education should continue to be the designated administrator for the Act or whether the designation should be transferred to the State Board of Regents. Kansas receives about $11.4 million in federal vocational education funds under the Act.
According to the Division of the Budget, the passage of SB 657 would have no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html