Responses Last Confirmed:

Kentucky Council on Postsecondary Education

Agency Information

Guide Topics

Agency Contact

Jevonda Keith
502-892-3031
Jevonda.Keith@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 important web links:
Home Page
 
Authorization Page
 
Application Information Page
 
Renewal Information Page
 
Complaint Information Page
 
Surety Bond Information Page
 
Student Refund Policy Information Page
 
Secretary of State Requirement Information Page
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).

_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

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:

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

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

No. 

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?

Yes

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:  
__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: Physical Presence Policy

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

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

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

No response provided

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

No response provided

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

No response provided

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

No response provided

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

No response provided

h.
Clarifying comments:

Please contact Jevonda Keith with any questions.

Topic

5: Application Process

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

Application for initial licensure https://cpe.ky.gov/policies/licensure/FORM_OSCO_Application_for_Licensure_as_an_OutOfState_Institution.doc

Faculty Information Spreadsheet

https://cpe.ky.gov/policies/licensure/FORM_FAC_Faculty_Information_Form_F.xls

State Laws and Regulation

https://cpe.ky.gov/legislation/licensure.html

b.
Web link for application.

Application for initial licensure https://cpe.ky.gov/policies/licensure/FORM_OSCO_Application_for_Licensure_as_an_OutOfState_Institution.doc

c.
Clarifying comments:

Please contact Jevonda Keith with any questions.

Topic

6: Fees Associated with Authorization

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

Yes, Fee Schedule: https://www.cpe.ky.gov/policies/licensure/feeschedule.pdf

b.
If yes, what is the fee or fee schedule?
  • For initial licensure:
    • The base fee for an out-of-state institution is $15,000, plus offering fee(s).
    • The base fee for an in-state institution is $10,000, plus offering fee(s).
  • For annual renewal, the fees are higher fee for institution licensed by us for less than 5 years, and lesser for institution licensed by us for 5 or more years, and based upon enrollment:  https://cpe.ky.gov/policies/licensure/feeschedule.pdf.
c.
Web link for fee information.

Fee Schedule: https://www.cpe.ky.gov/policies/licensure/feeschedule.pdf

d.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

a.
Does your agency require a Surety Bond for authorized out-of-state institutions?

Yes

b.
Web link for surety bonds.

Per 13 KAR 1:020 Section 8(3) https://apps.legislature.ky.gov/law/kar/013/001/020.pdf

c.
Clarifying comments:

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

Topic

8: Student Tuition Recovery Fund

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

9: Tuition Refund Policy

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

Per 13 KAR 1:020 Section 8(14) https://apps.legislature.ky.gov/law/kar/013/001/020.pdf

b.
If yes, for what types of institutions?

Institutions licensed by our agency.

c.
Web link for tuition refund policy.

Per 13 KAR 1:020 Section 8(14) https://apps.legislature.ky.gov/law/kar/013/001/020.pdf

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?

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 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

11: Enforcement

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

KRS 164.992

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=4527 and 13 KAR 1:020 Section 9 and Section 14 https://apps.legislature.ky.gov/law/kar/013/001/020.pdf 

b.
Web link for enforcement information.

No response provided

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://cpe.ky.gov/campuses/consumer_complaint.html  per 13 KAR 1:020 Section 13 https://apps.legislature.ky.gov/law/kar/013/001/020.pdf

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

https://cpe.ky.gov/campuses/consumer_complaint.html

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?

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

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.)?

All within our agency.

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

Contact Name: CPE Consumer Complaint
Title:
Agency: KY Council on Postsecondary Education
Address: 100 Airport Road, Third Floor, Frankfort, KY 40601
Email: cpeconsumercomplaint@ky.gov
Phone: 502.573.1555 but complaints must be in writing
URL: https://cpe.ky.gov/campuses/consumer_complaint.html

f.
Clarifying comments:

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

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?

Per 13 KAR 1:020 Section 8(13)(d): the college shall maintain all student records in an electronic format that is searchable and readily transferable consistent with industry standards.

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 or entity do students request their transcripts/records from a closed higher education institution?

Agency Name
Contact Person
Contact Phone
Contact Address
Contact Email
Contact website: https://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

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?

No response provided

 

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