Responses Last Confirmed:

Kentucky Commission on Proprietary Education

Agency Contact

Sarah Levy
502.573.1555
sarah.levy@ky.gov

Additional Contact

Secretary of State Contact

Michael Adams
502-564-3490
sos.secretary@ky.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

No response provided

Topic

2: Types of Educational Providers Authorized

a.
Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below.

_X__ Public, in-state degree granting institutions

_X__ Public, out-of-state degree granting institutions

_X__ Private, in-state, not-for-profit degree granting institutions

_X__ Private, out-of-state, not-for-profit degree granting institutions

_X__ Private, in-state, for-profit degree granting institutions

_X__ Private, out-of-state, for-profit degree granting institutions

_X__ Public, in-state, non-degree granting institutions

_X__ Public, out-of-state, non-degree granting institutions

____ Non-degree, not-for profit institutions

____ Non-degree, for-profit institutions

_X__ Religious institutions

____ Tribally-controlled institutions

_____ Federal Institutions

_____ Municipal institutions

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

____ Institution   _____ Program   __X__ Both

c.
Clarifying comments:

We license private, for-profit institutions and non-profit institutions if they offer at the bachelor’s degree level or higher, and we license out-of-state public institutions that operate or solicit in Kentucky and offer course(s)/program(s) for college credit.  The KY Commission on Proprietary Education licenses private, for-profit institutions and non-profit institutions offering only below the bachelor’s degree level.

Topic

3: Accreditation

a.
Is accreditation required for an institution to be authorized in your state?

Yes

b.
If yes, please check all that apply as appropriate.

We can’t respond based upon how this question is formatted.

Accreditation Required for:
____ Public, out-of-state degree granting institutions
____ Private, in-state, not-for-profit degree granting institutions
____ Private, out-of-state, not-for-profit degree granting institutions
____ Private, in-state, for-profit degree granting institutions
____ Private, out-of-state, for-profit degree granting institutions
____ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
____ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions

c.
Clarifying comments:

Accreditation by an accrediting agency recognized by the U.S. Department of Education is required.

Topic

4: Exemptions

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

No

b.
If yes, for what types of institutions? Which types of programs?

No response provided

c.
Web link for exemptions.

No response provided

d.
Clarifying comments:

No response provided

Topic

5: Authorization of Distance Education

a.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence?

No

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

Yes

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

No

d.
Clarifying comments:

No response provided

Topic

6: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence?

Per 13 KAR 1:020 Section 1(9) and Section 2 https://apps.legislature.ky.gov/law/kar/013/001/020.pdf

b.
Web link for physical presence definition.

Per 13 KAR 1:020 Section 1(9) and Section 2 https://apps.legislature.ky.gov/law/kar/013/001/020.pdf

c.
Clarifying comments:

Please contact Sarah Levy with any questions

Topic

7: Student Complaints - SARA Participating Institutions

a.
Please describe the process for handling complaints about SARA participating Institutions.

http://cpe.ky.gov/campuses/consumer_complaint.html  and per https://apps.legislature.ky.gov/law/kar/013/004/010.pdf

13 KAR 4:010 Section 5. Consumer Complaints.

(1) After first exhausting the institution’s internal procedure for complaint resolution, a non-resident student may file a complaint against the institution for failure to comply with any SARA standard within two (2) years of the incident about which the com-plaint is made.

(2) In order to be considered, a complaint shall be submitted by the student in writing and include the following information:

(a) Name, address, email address, and phone number of student;

(b) Name of institution;

(c) Location of institution;

(d) Dates of attendance;

(e) An explanation of the steps taken to exhaust the institution’s grievance process;

(f) A full description of the issue and any relevant documentation supporting the complaint; and

(g) The desired resolution of the complaint.

(3) Complaints regarding student grades or student conduct violations shall not be considered.

(4) The president shall forward the complaint by email to the institution and require a written response no later than thirty (30) days from the date of transmittal.

(5) After review of information and materials provided by the student and the institution, the president may request additional information from either party.

(6) After review of all relevant information and materials, the president shall facilitate a resolution of the complaint. The relief provided the student, if any, shall be commensurate with the circumstances.

(7) Resolution of a complaint by the president shall be final, except in instances where the subject matter of the complaint may violate any other applicable laws.

(8) The president shall provide to the executive director of the commission, for reference purposes, a copy of:

(a) Any complaint initiated against an institution licensed by the commission;

(b) The resolution; and

(c) Any related materials.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

All within our agency.

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?

 

Agency: Council on Postsecondary Education

Address: 1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Email: cpeconsumercomplaint@ky.gov

Phone: 502.573.1555 but complaints must be in writing

URL: http://cpe.ky.gov/campuses/consumer_complaint.html

 

e.
Clarifying comments:

A student complainant submits his or her complaint to our agency via the Complaint Form on our agency’s complaint webpage:  http://cpe.ky.gov/campuses/consumer_complaint.html

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?
b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

All within our agency.

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

We may coordinate with the Kentucky Attorney General’s Office.

d.
Who is the contact person at your agency for receiving complaints?

Contact Name
Title
Agency: Council on Postsecondary Education
Address:CPE Consumer Complaint
Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Email: cpeconsumercomplaint@ky.gov
Phone: 502.573.1555 but complaints must be in writing
URL: http://cpe.ky.gov/campuses/consumer_complaint.html

e.
Web link for the complaint form.
f.
Clarifying comments:

A student complainant submits his or her complaint to our agency via the Complaint Form on our agency’s complaint webpage:  http://cpe.ky.gov/campuses/consumer_complaint.html

 

Topic

9: Surety Bonds

a.
Does your state have a Tuition Refund Policy Requirement?

Yes

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

No response provided

Topic

10: Tuition Refund Policy

a.
Does your state have a Tuition Refund Policy Requirement?
b.
If yes, for what types of institutions?

No response provided

c.
Web link for tuition refund policy.

No response provided

d.
Clarifying comments:

No response provided

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

No response provided

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

12: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?

Annual licensure renewal application, supplementary licensure applications for new programs and other changes, annual reporting of enrollment, transfer, and degrees conferred data.

b.
How frequently do institutions report data?

Annually

c.
Is this information published or shared publicly?

It may

d.
Web link for reporting.

Reporting is done via online reporting system with user account.

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

a.
What are possible consequences of institutional non-compliance?
b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.
c.
Clarifying comments:

Please contact Sarah Levy with any questions.

Topic

15: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

Yes, $5,000 base fee for initial licensure application, plus offering fee(s).  Please provide a web link if available.  Fee Schedule http://www.cpe.ky.gov/policies/licensure/feeschedule.pdf

b.
If yes, what is the fee or fee schedule?

No response provided

c.
Web link for fee information.
d.
Clarifying comments:

No response provided

Topic

16: Records Retention

a.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?
c.
From what agency do students request their transcripts/records from a closed school?

Agency Name
Contact Person
Contact Phone
Contact Address
Contact Email
Contact website: http://cpe.ky.gov/campuses/closed.html

c.
Clarifying comments:

No response provided

Topic

17: Additional Information

a.
Is there anything else about the authorization process in your state that we and others ought to know about?

No response provided