Responses Last Confirmed:

Kentucky Commission on Proprietary Education

Agency Information

Guide Topics

Agency Contact

Misty Edwards
(502) 564-4185
misty.edwards@ky.gov

Additional Contact

Secretary of State Contact

Office of the Kentucky Secretary of State - https://www.sos.ky.gov/Pages/contact.aspx
(502) 564-3490
Topic

1: Important Agency Information to Note

a.
Provide important web links:
b.
What types of institutions are subject to this agency’s authority?

Indicate the types of institutions that your agency authorizes. 

  • Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
  • Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

____  Public, in-state degree granting institutions 
____  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 
_____Public, in-state, non-degree granting institutions 
_____Public, out-of-state, non-degree granting institutions 
_X__ Non-degree, not-for profit institutions 
_X__ Non-degree, for-profit institutions 
____  Religious institutions 
____  Tribally-controlled institutions 
____  Federal Institutions 
____  Municipal institutions

c.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?
  • For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

_____ Institution   

_____ Program   

__X__ Both

d.
Clarifying comments:

The KY Commission on Proprietary Education licenses private, for-profit and non-profit institutions offering only below the bachelor’s degree level. (As note: The KY Council on Postsecondary Education licenses private, for-profit and non-profit institutions if they offer at the bachelor’s degree level or higher, including out-of-state public institutions.)

Topic

2: Authorization of Distance Education

a.
Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?
  • Meaning as example, the state regulates an out-of-state institution for merely enrolling a student into a distance education program
  • Meaning as example, a solely online program that does not have any internships and practicums

Yes

b.
Clarifying comments:

No response provided

Topic

3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

a.
Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

Accreditation is not required for non-degree institutions to be authorized in the state. In-state and out-of-state institutions offering associate’s degree programs must be accredited by an accrediting agency recognized by the U.S. Department of Education. 791 KAR 1:020(1)(b) https://apps.legislature.ky.gov/law/kar/titles/791/001/020/ 

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

Accreditation by an accrediting agency recognized by the U.S. Department of Education required for: 
_____ 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
_____ 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:

No response provided

Topic

4: Physical Presence Policy

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

No person shall maintain or operate a proprietary school located and doing business within this state until the school has been issued a license by the commission pursuant to the provisions of KRS 165A.310 to 165A.410. No person shall maintain or operate a proprietary school located without this state and do business within this state until the school has been issued a license by the commission pursuant to the provisions of KRS 165A.310 to 165A.410.

b.
Web link for physical presence definition.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49046

c.
Does a clinical/internship trigger the requirement for authorization with your agency?

Yes 

Does a virtual clinical / internship trigger the requirement for authorization with your agency? 

Yes

d.
Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

Yes

e.
Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

Yes

f.
Does having an administrative site in your state trigger the requirement for authorization with your agency?

Yes

g.
Does having a recruiter in your state trigger the requirement for authorization with your agency?

Yes

h.
Clarifying comments:

No response provided

Topic

5: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

Complete an eligibility determination questionnaire. Completed applications for a license shall be filed with the commission thirty (30) working days prior to being considered by the commission.

b.
Web link for application.

https://kcpe.ky.gov/Pages/School-Resources.aspx

c.
Clarifying comments:

No response provided

Topic

6: Fees Associated with Authorization

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

Yes

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

Resident School: $500 plus an initial contribution of $500 to the student protection fund 

Non-Resident School: $1,250 plus an initial contribution of $1,250 to the student protection fund

c.
Web link for fee information.

https://kcpe.ky.gov/Documents/FEE_CHART.pdf 

d.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

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

Schools must maintain a school surety bond in the amount of $20,000 per school location.

Each agent must submit a permit application. Schools must also maintain a blanket agent surety bond in the amount of $5,000 for each agent employed by the school.

b.
Web link for surety bonds.

https://kcpe.ky.gov/Pages/School-Resources.aspx

c.
Clarifying comments:

No response provided

Topic

8: Student Tuition Recovery Fund

a.
Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

Yes

b.
If yes, for what types of institutions?

All licensed schools, resident and nonresident, shall be required to contribute to a student protection fund.

c.
Web link for student tuition recovery fund.

https://kcpe.ky.gov/Pages/Student-Protection-Fund.aspx 

d.
Clarifying comments:

No response provided

Topic

9: Tuition Refund Policy

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

Yes

b.
If yes, for what types of institutions?

Student Protection Fund Notice. Schools shall include on the student enrollment agreement, in 14-point type font:

(1) A statement notifying students of the existence of the student protection fund; and

(2) The process for filing a claim against the fund.

c.
Web link for tuition refund policy.

https://apps.legislature.ky.gov/law/kar/titles/791/001/035/ 

d.
Clarifying comments:

No response provided

Topic

10: Reporting

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

Job Placement Reporting

b.
How frequently do institutions report data?

Institutions must submit an annual report with enrollment and graduation information. Schools must also report job placement rate information for each licensed program by January 15 of each year.

c.
Is this information shared publicly?

The school is required to publicly disclose.

d.
Web link for reporting.

School Resources - Kentucky Commission on Proprietary Education 

e.
Clarifying comments:

No response provided

Topic

11: Enforcement

a.
What are possible consequences of institutional non-compliance?

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=4671 

b.
Web link for enforcement information.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=4671 

c.
Clarifying comments:

No response provided

Topic

12: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

https://apps.legislature.ky.gov/law/kar/titles/791/001/030/ 

b.
Web link for the non-SARA complaint form.

https://kcpe.ky.gov/Pages/contact.aspx

c.
How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?

A status inquiry would be emailed to the potentially unlicensed school.

d.
Is the non-SARA 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.)?

The process is dependent on the type of institution.

e.
Who is the contact person or entity for your state for receiving non-SARA student complaints?

Contact Name: Misty Edwards
Title: Executive Director
Agency: Kentucky Commission on Proprietary Education
Address: 500 Mero Street, 4th Floor, Frankfort, KY 40601
Email: kcpe@ky.gov
Phone: (502) 564-4185
URL: https://kcpe.ky.gov/Documents/FormtoFileaComplaint.pdf 

f.
Clarifying comments:

No response provided

Topic

13: Records Retention

a.
When a higher education institution closes, what is the process your state uses to ensure that transcripts/records are kept available?

Title 791 Chapter 1 Regulation 155 • Kentucky Administrative Regulations • Legislative Research Commission

c.
From what agency or entity do students request their transcripts/records from a closed higher education institution?

https://kcpe.ky.gov/Pages/Transcript-Request.aspx 

Agency/Entity Name:  Kentucky Commission on Proprietary Education
Contact Person:  kcpe@ky.gov 
Contact Phone: (502) 564-4185
Contact Address: 500 Mero Street, 4th Floor, Frankfort, KY 40601
Contact Email: kcpe@ky.gov
Contact website:  https://kcpe.ky.gov/Pages/Transcript-Request.aspx

c.
Clarifying comments:

No response provided

Topic

14: Additional Information

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

No response provided

b.
What is your preferred method of communication?

Email

 

Please note: There could be additional state agencies with oversight of activities of your institution.