Responses Last Confirmed:

Kentucky Council on Postsecondary 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
_X___    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 and non-profit institutions if they offer at the bachelor’s degree level or higher.  The KY Commission on Proprietary Education licenses private, for-profit 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.

Accreditation Required for:

__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
____ 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
(http://cpe.ky.gov/campuses/consumer_complaint.html) and per
https://apps.legislature.ky.gov/law/kar/013/004/010.pdf
(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:
  • Name
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:

Email: 

Phone:

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

100 Airport Road, Second Floor
Frankfort, KY 40601

Email: cpeconsumercomplaint@ky.gov
Phone: 502.573.1555 but complaints must be in writing using the online complaint form
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 require a Surety Bond for authorized out-of-state institutions?

Yes

b.
Web link for surety bonds.
c.
Clarifying comments:

The surety bond form to use is included with the application for initial licensure.  http://cpe.ky.gov/policies/licensure/FORM_OSCO_Application_for_Licensure_as_an_OutOfState_Institution.doc

Topic

10: Tuition Refund Policy

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

Institutions licensed by our agency.

c.
Web link for tuition refund policy.
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

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

Per 13 KAR 1:020 Section 8(13)(d): “By January 1, 2022, the college shall maintain all student records in an electronic format that is searchable and readily transferable consistent with industry standards. For a college not licensed by the Council prior to January 1, 2020, the college shall meet this requirement when the college is licensed.

Per 13 KAR 1:020 Section 8(13)(f): “A college shall make provision for the maintenance of student records if the college ceases operations in accordance with KRS 164.020(23). The location of student records shall be approved in advance by the president.”

https://apps.legislature.ky.gov/law/kar/013/001/020.pdf

Per KRS 164.020(23): “The Council on Postsecondary Education in Kentucky shall: Maintain procedures for the approval of a designated receiver to provide for the maintenance of student records of the public institutions of higher education and the colleges as defined in KRS 164.945 … which cease to operate. Procedures shall include assurances that, upon proper request, subject to federal and state laws and regulations, copies of student records shall be made available within a reasonable length of time for a minimum fee”.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49112

b.
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:

We do not have any transcripts at our agency. Rather, the closing institution must designate a receiver for records that must be approved by our President, and then the contact information for the designated receiver is posted on our closed school webpage.

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