History: L. 1925, ch. 259, § 1; L. 1939, ch. 289, § 1; L. 1982, ch. 347, § 39; L. 1995, ch. 241, § 12; Repealed, L. 1999, ch. 147, § 132; July 1.
(b) The purpose of this act is to provide for the general improvement of postsecondary education in the state of Kansas and to provide leadership, supervision and coordination for postsecondary educational institutions so that enhanced accessibility, quality, excellence, accountability, research and service may be achieved in the postsecondary educational system for Kansas residents through the efficient and effective utilization and concentration of all available resources and the elimination of costly and undesirable duplication in program and course offerings, faculties and physical facilities at postsecondary educational institutions.
History: L. 1999, ch. 147, § 1; May 20.
(a) "State board of regents" or "state board" means the state board of regents provided for in the constitution of this state and established by K.S.A. 74-3202a, and amendments thereto, except as otherwise specifically provided in this act.
(b) "State educational institution" means any state educational institution, as defined in K.S.A. 76-711, and amendments thereto.
(c) "Municipal university" means Washburn university of Topeka or any other municipal university established under the laws of this state.
(d) "Community college" means any community college established under the laws of this state.
(e) "Technical college" means any technical college established under the laws of this state.
(f) "Vocational education school" means any area vocational school or area vocational-technical school established under the laws of this state.
(g) "Public university" means any state educational institution.
(h) "Postsecondary educational institution" means any public university, municipal university, community college, technical college and vocational education school, and includes any entity resulting from the consolidation or affiliation of any two or more of such postsecondary educational institutions.
(i) "Private postsecondary educational institution" and "out-of-state postsecondary educational institution" have the meanings ascribed thereto in K.S.A. 2007 Supp. 74-32,163, and amendments thereto.
(j) "Adult basic education program" and "adult supplementary education program" have the meanings respectively ascribed thereto in K.S.A. 72-4517, and amendments thereto.
(k) "Representative of a postsecondary educational institution" means any person who is the holder of an associate degree, a bachelor's degree, or a certificate of completion awarded by a postsecondary educational institution.
History: L. 1999, ch. 147, § 2; L. 2001, ch. 26, § 1; L. 2002, ch. 188, § 1; L. 2006, ch. 66, § 5; July 1.
History: L. 1925, ch. 259, § 3; L. 1939, ch. 289, § 2; L. 1974, ch. 348, § 63; Repealed, L. 1999, ch. 147, § 132; July 1.
(b) (1) One member of the state board of regents shall be a resident of each congressional district with the remaining members appointed from among all residents of Kansas, except that no two members shall reside in the same county at the time of appointment. Subsequent redistricting of congressional districts shall not disqualify any member of the state board from service for the remainder of the member's term of office.
(2) At no time shall more than five members of the state board of regents be members of the same political party.
(3) At no time shall any person who is an elected official or an officer or employee of any postsecondary educational institution be a member of the state board of regents.
(4) The first members of the state board of regents established under this section shall be appointed by the governor on or before July 1, 1999. Of such members, three shall have a term of office of four years, three shall have a term of office of three years, and three shall have a term of office of two years.
(c) The members of the state board of regents shall meet and organize annually by electing one member as chairperson, except that the governor shall designate the first chairperson of the state board from among the first members appointed.
(d) Members of the state board of regents attending meetings of the state board, or attending a subcommittee meeting thereof authorized by the state board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature.
History: L. 1999, ch. 147, § 3; May 20.
History: L. 1999, ch. 147, § 4; May 20.
(b) In addition to other duties and functions prescribed by law, the state board of regents shall:
(1) Serve as the representative of the public postsecondary educational system before the governor and the Kansas legislature;
(2) provide statewide planning for higher education and adopt, from time to time amend, revise or modify, and administer a comprehensive plan for coordination of higher education within this state;
(3) determine institutional roles and review institutional missions and goals for each postsecondary educational institution taking into account both institutional needs and the needs of the state's system of higher education as a whole;
(4) develop articulation procedures so that maximum freedom of transfer among and between postsecondary educational institutions is ensured;
(5) develop and implement, in conjunction with the postsecondary educational institutions, a comprehensive plan for coordinating all program offerings by postsecondary educational institutions. The board shall not coordinate program offerings that are specifically developed and entirely paid for by an entity which limits enrollment to a class of individuals who are employees, members or business customers of the entity;
(6) develop a unified budget for state funding of postsecondary educational institutions and present such budget to the governor and the legislature each year and receive and allocate the state funds appropriated for funding of postsecondary educational institutions in accordance with legislative directives, except as provided in subsection (e) of K.S.A. 74-3202d, and amendments thereto;
(7) approve core indicators of quality performance for postsecondary educational institutions after considering core indicators recommended by each such postsecondary educational institution;
(8) resolve conflicts among and between postsecondary educational institutions;
(9) develop and implement a comprehensive plan for the utilization of distance learning technologies;
(10) develop each year and recommend to the governor and the legislature a policy agenda for higher education, which policy agenda shall assess priorities among proposals for policy change, programatic recommendations, and state funding requests;
(11) conduct continuous studies of ways to maximize the utilization of resources available for higher education in Kansas and initiate action for improvement;
(12) conduct continuous studies of how state policies affect higher education and how Kansas economic and demographic trends impact upon accessibility and affordability of postsecondary education to Kansas residents, and initiate ways to improve such accessibility and affordability;
(13) receive and consider reports, proposals and recommendations of the commissions and take such actions thereon as are deemed necessary and appropriate;
(14) report annually on the performance of its functions and duties to the governor and the legislature; and
(15) exercise such other powers and perform such other functions and duties as are deemed necessary and appropriate to the fulfillment of its constitutional and statutory responsibilities.
(c) Notwithstanding any of the powers, duties and functions conferred and imposed upon the state board of regents under the Kansas higher education coordination act, the boards of trustees of the community colleges shall continue to have custody of and be responsible for the property of their respective community colleges and shall be responsible for the operation, management and control of such community colleges, except as otherwise expressly provided by law.
History: L. 1999, ch. 147, § 6; L. 2000, ch. 86, § 5; L. 2001, ch. 94, § 2; L. 2002, ch. 188, § 2; July 1.
(b) During the 2001 fiscal year, the postsecondary educational institutions, including the municipal university, shall develop institutional improvement plans showing how they will implement the performance indicators applicable to their institution and how they will measure performance on the basis of each indicator. Institutional improvement plans shall be revised and submitted to the state board of regents by each institution at least every three years. The state board of regents shall provide technical assistance to institutions in the development, implementation, and revision of their improvement plans.
(c) Commencing on July 1, 2001, institutional improvement plans shall be implemented for each postsecondary educational institution, including the municipal university. Each postsecondary educational institution shall begin the data collection, measurement, or other documentation necessary in order for its performance to be evaluated with regard to each indicator.
(d) Commencing on July 1, 2004, the state board shall have authority to review and approve institutional improvement plans, and, on the basis of each plan, shall develop and implement a performance agreement with each postsecondary educational institution. Performance agreements shall incorporate the goals, priorities, policies and mission objectives identified in the institutional improvement plans, and the performance measures, which will be used to demonstrate compliance and progress.
(e) Commencing on July 1, 2005, each postsecondary educational institution's receipt of new state funds shall be contingent on achieving compliance with its performance agreement. As used in this subsection, "new state funds" means that amount of state funds by which the amount received by a postsecondary educational institution for a fiscal year exceeds the amount received by that postsecondary educational institution for the preceding fiscal year. The state board shall determine the amount of new state funds to be received by each postsecondary educational institution, taking into account the postsecondary educational institution's level of compliance with its performance agreement and the funds available for distribution. Any new state funds received by a postsecondary educational institution pursuant to a performance agreement shall be deemed to be part of the state funds received in the preceding fiscal year for the purposes of determining new state funds for the postsecondary educational institution pursuant to a performance agreement for the ensuing fiscal year. If a postsecondary educational institution is not allocated any portion of new state funds in a fiscal year, the new state funds which the institution was eligible to be allocated by the state board in such fiscal year shall be deemed part of the state funds received by such institution in such fiscal year for the purpose of determining such institution's base budget and any new state funds for the ensuing fiscal year. The failure of a postsecondary educational institution to enter a performance agreement with the state board shall prevent that postsecondary educational institution from receiving any new state funds. Any funds designated by the legislature for a specific postsecondary educational institution or purpose shall be exempt from the provisions of this section.
History: L. 1999, ch. 147, § 12; L. 2001, ch. 94, § 3; L. 2002, ch. 188, § 3; July 1.
History: L. 1999, ch. 147, § 131; May 20.
History: L. 1925, ch. 259, § 4; L. 1939, ch. 289, § 3; L. 1943, ch. 276, § 1; L. 1945, ch. 323, § 2; L. 1947, ch. 416, § 5; L. 1949, ch. 413, § 1; L. 1951, ch. 438, § 1; L. 1953, ch. 363, § 4; L. 1955, ch. 352, § 1; L. 1959, ch. 337, § 16; L. 1961, ch. 409, § 4; L. 1965, ch. 441, § 1; Repealed, L. 1999, ch. 147, § 132; July 1.
History: L. 1999, ch. 147, § 7; May 20.
History: L. 1925, ch. 259, § 5; L. 1939, ch. 289, § 4; L. 1957, ch. 442, § 7; Repealed, L. 1999, ch. 147, § 132; July 1.
History: L. 1999, ch. 147, § 5; May 20.
History: L. 1925, ch. 259, § 8; L. 1939, ch. 289, § 5; Repealed, L. 1999, ch. 147, § 132; July 1.
(b) The provisions of this section shall expire on June 30, 2003.
History: L. 1999, ch. 147, § 8; L. 2002, ch. 188, § 4; July 1.
(b) The commission for community colleges and vocational/technical education shall:
(1) Propose for adoption by the state board rules and regulations for supervision of the community colleges, technical colleges and vocational education schools;
(2) provide state wide planning for community colleges, technical colleges and vocational education schools.
(3) initiate plans for institutional advancement and new educational programs and courses of instruction;
(4) review existing and proposed educational programs, courses of instruction, and program and course locations and make recommendations to the state board for approval or disapproval of such programs, courses and locations for state funding purposes;
(5) review requests of community colleges, technical colleges and vocational education schools for state funding and formulate recommendations thereon;
(6) identify core indicators of quality performance for community colleges, technical colleges and vocational education schools;
(7) develop each year a policy agenda for community colleges, technical colleges and vocational education schools;
(8) conduct continuous studies of ways to maximize the utilization of resources available for community colleges, technical colleges and vocational education schools and formulate recommendations for improvement; and
(9) make reports on the performance of its functions and duties together with any proposals and recommendations it may formulate with respect thereto at each regular meeting of the state board.
(c) The provisions of this section shall expire on June 30, 2003.
History: L. 1999, ch. 147, § 9; L. 2002, ch. 188, § 5; July 1.
(b) The commission for public universities shall:
(1) Propose for adoption by the state board of rules and regulations for operation and management of the state educational institutions;
(2) initiate plans for institutional advancement and new educational programs and courses of instruction;
(3) formulate budget requests for the state educational institutions;
(4) review existing educational programs and courses of instruction at the public universities and evaluate the educational and economic justification, or lack thereof, for such programs and courses;
(5) identify core indicators of quality performance for public universities;
(6) make recommendations to the state board with respect to the appointment of chief executive officers of the state educational institutions;
(7) develop each year a policy agenda for public universities;
(8) conduct continuous studies of ways to maximize the utilization of resources available for public universities and formulate recommendations for improvement; and
(9) make reports on the performance of its functions and duties together with any proposals and recommendations it may formulate with respect thereto at each regular meeting of the state board.
(c) The provisions of this section shall expire on June 30, 2003.
History: L. 1999, ch. 147, § 10; L. 2002, ch. 188, § 6; July 1.
(b) The commission for higher education coordination shall:
(1) Conduct continuous review and evaluation of the comprehensive plan for coordination of higher education and make recommendations as deemed necessary and appropriate for amendment, revision or modification of the plan;
(2) review existing and proposed educational programs, courses of instruction, and program and course locations and make recommendations to the state board with respect to the coordination of such programs, courses and locations;
(3) collect and analyze data and maintain a uniform postsecondary education data base;
(4) formulate recommendations for resolution of conflicts among and between postsecondary educational sectors and institutions;
(5) compile and coordinate core indicators of quality performance for postsecondary educational institutions;
(6) broker affiliations and mergers of postsecondary educational institutions;
(7) coordinate a state system interface with municipal universities and with private colleges and universities;
(8) formulate budget requests for state student financial assistance programs; and
(9) make reports on the performance of its functions and duties together with any proposals and recommendations it may formulate with respect thereto at each regular meeting of the state board.
(c) On June 30, 2003, the provisions of subsection (a) of this section shall expire and shall be of no force and effect. On and after June 30, 2003, the powers and duties of the commission for higher education coordination shall be powers and duties of the state board of regents and the references in subsection (b) to the commission for higher education coordination shall mean the state board of regents. On and after June 30, 2003, the state board shall have authority to establish and organize such commissions, committees, advisory councils or other groups as it shall deem necessary and appropriate to the fulfillment of its constitutional and statutory responsibilities.
History: L. 1999, ch. 147, § 11; L. 2002, ch. 188, § 7; July 1.
History: L. 1945, ch. 312, § 1; June 28.
History: L. 1945, ch. 311, § 1; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1951, ch. 82, § 1; Repealed, L. 1970, ch. 371, § 19; March 18.
(a) "Institution" means the university of Kansas, university of Kansas medical center, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university, and Kansas state university--Salina, college of technology;
(b) "governing authority" means the state board of regents or the chief executive officer of an institution if such officer has been designated by the state board to act on its behalf in exercising the authority of the board to care for, control, maintain and supervise all roads, streets, driveways and parking facilities for vehicles on the grounds of the institution; and
(c) "vehicle" means motor vehicle, motorized bicycle and bicycle.
History: L. 1957, ch. 484, § 1; L. 1977, ch. 237, § 9; L. 1984, ch. 286, § 1; L. 1988, ch. 297, § 12; L. 1991, ch. 272, § 11; L. 1996, ch. 213, § 1; July 1.
(b) No vehicle, whether privately or publicly owned, may be parked upon institution parking facilities except as authorized by the governing authority of the institution. The governing authority of an institution is authorized to allocate and designate parking areas on the grounds of the institution and may issue permits to use such parking areas to its officers or employees and to the students attending such institution; to allocate parking areas to those persons having business appointments or to guests of such institution; and to fix such fees for misuse of such parking areas by the officers, employees or students attending such institution and by all other persons parking a vehicle at such institution, as shall be established by rules and policies. Any vehicle parked upon any of the parking facilities of an institution without the permission of the governing authority of the institution or the authorized institution agents shall be deemed a common nuisance, and the governing authority shall provide for the abatement of such nuisance by adoption of rules and policies relating to the removal and impounding of such vehicle. The cost of such abatement and removal and impounding shall be a lien against the vehicle until paid by the owner or the owner's representative.
History: L. 1957, ch. 484, § 2; L. 1984, ch. 286, § 2; L. 1996, ch. 213, § 2; July 1.
History: L. 1983, ch. 251, § 1; L. 1988, ch. 297, § 13; L. 1991, ch. 272, § 12; Repealed, L. 1996, ch. 213, § 7; July 1.
History: L. 1957, ch. 484, § 3; L. 1984, ch. 286, § 3; L. 1996, ch. 213, § 3; July 1.
History: L. 1957, ch. 484, § 4; L. 1976, ch. 145, § 236; L. 1977, ch. 105, § 23; L. 1996, ch. 213, § 4; July 1.
History: L. 1957, ch. 484, § 5; L. 1984, ch. 286, § 4; L. 1996, ch. 213, § 5; L. 1997, ch. 86, § 1; July 1.
History: L. 1957, ch. 484, § 6; L. 1988, ch. 366, § 21; Repealed, L. 1996, ch. 213, § 7; July 1.
History: L. 1957, ch. 484, § 7; L. 1996, ch. 213, § 6; July 1.
History: L. 1957, ch. 484, § 8; April 4.
History: L. 1957, ch. 485, § 1; L. 1967, ch. 421, § 1; Repealed, L. 1970, ch. 371, § 19; March 18.
History: L. 1957, ch. 485, § 2; Repealed, L. 1970, ch. 371, § 19; March 18.
(1) To agree that residents of the state of Kansas may matriculate and pursue courses of collegiate, graduate or professional study, not offered at any institution under the control of the board, on such terms and conditions and upon payment of such tuition or fees as are applicable to residents of such other state, subject only to such limitations as may be imposed by agreement of the parties;
(2) To agree that residents of other states, whose institutions are parties to agreements made hereunder, may matriculate and pursue courses of collegiate, graduate or professional study, not offered at institutions under the control of such other contracting party or parties, at institutions under the control of the board upon such terms and conditions and upon payment of such fees as are applicable to residents of the state of Kansas;
(3) To agree upon limitations upon the number of students to be admitted, under the provisions of this act, to institutions under the control of any of the contracting parties;
(4) To agree upon subsidies and other stipends payable by each party to institutions under the control of the other party or parties under the terms of agreements entered into pursuant to this act;
(5) To authorize payment of subsidies and other stipends, within the limits of available appropriations, agreed upon pursuant to clause (4) hereof;
(6) To authorize the acceptance, by institutions under its control, of subsidies and stipends paid by other parties pursuant to agreements made under clause (4) hereof; and
(7) To do such other acts as may be necessary to carry out provisions of agreements entered into pursuant to this act.
History: L. 1963, ch. 436, § 1; June 30.
History: L. 1963, ch. 436, § 2; June 30.
Any agreement made under authority of this act shall provide that such agreement may be cancelled effective not more than one year after notice in writing is given by the state board of regents to the proper authorities of the other party or parties to the agreement, or by notice under the same conditions from the officials of any other party to the agreement given to the state board of regents. Every agreement made under the provisions of this act shall be signed by the chairperson of the state board of regents and shall be approved by the governor. Every such agreement shall be filed in the office of the secretary of state.
History: L. 1972, ch. 295, § 1; L. 1977, ch. 237, § 10; April 21.
History: L. 1975, ch. 464, §§ 1 to 6; Repealed, L. 2001, ch. 151, § 50; July 1.
The chief executive officers of the state educational institutions under the control and supervision of the state board of regents shall annually certify to the state board the names of the student executive officers elected to membership on the students' advisory committee and, upon such certification, the student officers shall qualify for membership on the committee. The members of the advisory committee shall serve for terms expiring concurrently with their terms as elective student officers and upon qualification of their successors.
(b) The students' advisory committee shall be notified of all meetings of the state board of regents and shall have the following functions, powers and duties:
(1) Attend all meetings of the state board of regents except closed or executive meetings held pursuant to the provisions of K.S.A. 75-4319, and amendments thereto;
(2) make recommendations to the board of regents concerning course and curriculum planning and faculty evaluation;
(3) advise and consult with the board of regents in the formulation of policy decisions on student affairs;
(4) identify student concerns;
(5) consider any problems presented to it by the board of regents and give advice thereon; and
(6) disseminate information to their peers concerning the philosophies and standards of education developed by the board of regents and stimulate awareness of student rights and responsibilities.
(c) Members of the students' advisory committee attending meetings of the state board of regents shall receive no compensation for serving on such advisory committee, but shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto from moneys appropriated therefor to the state board of regents.
History: L. 1975, ch. 465, § 1; L. 1977, ch. 237, § 11; L. 1988, ch. 297, § 14; L. 1991, ch. 272, § 13; May 2.
(b) The professional service scholarship advisory committee shall make recommendations to the state board of regents regarding budget requests for and administration of professional service scholarships.
(c) The members of the professional service scholarship advisory committee shall be appointed for three-year terms and shall serve until their successors are appointed and qualified. If a vacancy occurs prior to the expiration of a term, the appointing authority shall appoint a person to fill such position for the unexpired term. Persons appointed to the committee may be reappointed by the appointing authority for succeeding terms.
(d) The executive officer of the state board of regents or a designee of the executive officer shall provide relevant information, staff assistance, and meeting arrangements for the professional service scholarship advisory committee which shall meet at least once per year.
(e) Members of the professional service advisory committee shall be eligible for amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto, for attendance at any meeting of the committee or any subcommittee meeting authorized by the committee. Amounts paid under this subsection shall be from appropriations to the state board of regents upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board or a person designated by the state board.
History: L. 2001, ch. 151, § 49; July 1.
History: L. 1975, ch. 463, § 1; July 1.
History: L. 1975, ch. 463, § 2; July 1.
History: L. 1975, ch. 463, § 3; July 1.
History: L. 1975, ch. 463, § 4; July 1.
History: L. 1975, ch. 463, § 5; July 1.
History: L. 1975, ch. 463, § 6; July 1.
History: L. 1975, ch. 463, § 7; July 1.
History: L. 1975, ch. 463, § 8; July 1.
History: L. 1975, ch. 463, § 9; July 1.
History: L. 1975, ch. 463, § 10; July 1.
History: L. 1975, ch. 463, § 11; July 1.
(b) Persons or institutions participating in grant programs or having been allocated funds under any of the federal higher education acts described in K.S.A. 72-6210[*] shall retain all benefits or rights which had accrued to or vested in such persons or institutions unless revised or nullified in accordance with law.
(c) All applications made pursuant to any of the programs or acts referred to in this section submitted to the state education commission prior to the effective date of this order shall continue in effect and shall be deemed to have been made or submitted to the state board of regents and shall be deemed sufficient for the purpose thereof. Any application for grants of federal funds included with or in a state plan or pursuant to any federal legislation submitted to any federal agency by the state education commission prior to the effective date of this order shall continue in effect and shall be deemed to have been made or submitted by the state board of regents subject to revision or nullification in accordance with law.
History: L. 1975, ch. 463, § 12; July 1.
History: L. 1975, ch. 463, § 13; July 1.
History: L. 1975, ch. 463, § 14; July 1.
History: L. 1975, ch. 463, § 15; July 1.
History: L. 1976, ch. 329, § 1; July 1.
History: L. 1977, ch. 267, §§ 1, 2; L. 1978, ch. 316, §§ 1, 2; L. 1981, ch. 361, §§ 6, 7; Repealed, L. 2001, ch. 151, § 50; July 1.
History: L. 1977, ch. 267, § 3; L. 1978, ch. 316, § 3; Repealed, L. 2001, ch. 151, § 50; July 1.
History: L. 1978, ch. 87, § 1; L. 1988, ch. 298, § 1; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1978, ch. 87, § 2; L. 1982, ch. 313, § 1; L. 1988, ch. 298, § 2; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1978, ch. 87, §§ 3, 4; L. 1988, ch. 298, §§ 3, 4; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1978, ch. 87, § 5; Repealed, L. 2004, ch. 185, § 51; June 10.
(b) As used in this section, "investing agent" means the entity authorized to act as the investing agent of a state educational institution pursuant to K.S.A. 76-156a, and amendments thereto.
History: L. 1978, ch. 314, § 1; L. 2006, ch. 17, § 1; L. 2007, ch. 123, § 1; July 1.
(a) "ROTC institution" means a state educational institution or municipal university that provides a reserve officers' training corps program.
(b) "Selection committee" means a committee established at each ROTC institution by the chief executive officer of each such institution. The selection committee shall consist of the chief executive officer of the institution, the professor of military science, a civilian member of the faculty appointed by the chief executive officer, and a commissioned officer of the Kansas national guard appointed by the adjutant general.
(c) "Eligible student" means a person who is: (1) A resident of Kansas, (2) initially acceptable for enrolling at an ROTC institution or who has so enrolled and is in good standing, and (3) qualified for participation in the reserve officers' training corps program at such ROTC institution or who is participating in the program.
(d) "State educational institution" has the meaning ascribed thereto in K.S.A. 76-711, and amendments thereto.
(e) "Municipal university" means the municipal university established and operating under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated.
History: L. 1979, ch. 302, § 1; Revived and amend., L. 1996, ch. 181, § 1; July 1.
(1) Adopt rules and regulations for the administration of this act;
(2) provide for the award of ROTC service scholarships to eligible students who qualify therefor, as determined by the selection committee, not to exceed in any academic year a total of 40 eligible students at each ROTC institution. This provision is subject to the provisions of subsection (c);
(3) provide information regarding application procedures;
(4) require any ROTC institution to promptly furnish upon request any information which relates to the administration or effect of this act.
(b) If the ROTC institution at which an eligible student who qualifies for an ROTC service scholarship is enrolled is a state educational institution, the scholarship shall provide to the student an amount not to exceed 70% of the cost of attendance at the institution for an academic year. If the ROTC institution at which an eligible student who qualifies for an ROTC service scholarship is enrolled is a municipal university, the scholarship shall provide to the student an amount not to exceed 70% of the average amount of the cost of attendance at the state educational institutions for an academic year. Payments of ROTC service scholarships shall be made pursuant to vouchers approved by the state board of regents and upon warrants of the director of accounts and reports. Payments may be made by issuance of a single warrant to each ROTC institution at which one or more eligible students are enrolled for the total amount of scholarships for all eligible students enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the ROTC institution at which such eligible student or students are enrolled. If an eligible student discontinues attendance before the end of any academic year, after the ROTC institution has received payment under this subsection, the institution shall pay to the state the entire amount which such eligible student would otherwise qualify to have refunded, not to exceed the amount of the payment made under the ROTC service scholarship for the academic year. All amounts paid to the state by ROTC institutions under this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the ROTC service scholarship program fund.
(c) If all ROTC service scholarships authorized to be awarded to eligible students at each ROTC institution have not been awarded by a date established by the state board of regents, the scholarships that have not been awarded by that date may be awarded to eligible students at any ROTC institution if such students are qualified for such scholarships as determined by the appropriate selection committee. The determination to award ROTC service scholarships under this subsection to eligible students who are qualified for such scholarships shall be made by the state board of regents after consultation with the adjutant general.
History: L. 1979, ch. 302, § 2; L. 1982, ch. 314, § 1; Revived and amend., L. 1996, ch. 181, § 2; L. 2001, ch. 151, § 34; L. 2002, ch. 164, § 3; July 1.
History: L. 1979, ch. 302, § 2; L. 1982, ch. 314, § 1; Revived and amend., L. 1996, ch. 181, § 2; L. 2001, ch. 5, § 313; Repealed, L. 2002, ch. 164, § 9; July 1.
History: L. 1979, ch. 302, § 3; Revived and amend., L. 1996, ch. 181, § 3; L. 2001, ch. 151, § 35; July 1.
(a) Receive and register the names of all eligible students who apply for ROTC service scholarships;
(b) select methods for determining which eligible students are to be recipients of ROTC service scholarships;
(c) designate and notify the eligible students selected to receive ROTC service scholarships.
History: L. 1979, ch. 302, § 4; Revived, L. 1996, ch. 181, § 4; L. 2001, ch. 151, § 36; July 1.
(a) Maintain standards of academic excellence and other standards required to remain in good standing;
(b) maintain minimum full-time enrollment of at least 12 credit hours each semester;
(c) participate in the reserve officers' training corps program;
(d) demonstrate the qualities required in a commissioned officer;
(e) immediately upon graduation from an ROTC institution, accept a commission as a second lieutenant and serve for not less than four years as a commissioned officer in the Kansas national guard; and
(f) upon failure to satisfy an agreement to serve as a commissioned officer in the Kansas national guard for the required four-year period, repay to the state amounts as provided in K.S.A. 74-3260, and amendments thereto.
History: L. 1979, ch. 302, § 5; Revived and amend., L. 1996, ch. 181, § 5; L. 2001, ch. 151, § 37; July 1.
(b) The state board of regents is authorized to turn any repayment account arising under the ROTC service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed under this section.
History: L. 1979, ch. 302, § 6; Revived and amend., L. 1996, ch. 181, § 6; L. 2001, ch. 151, § 38; July 1.
(b) There is hereby created in the state treasury the ROTC service scholarship repayment fund. The state board of regents shall remit all moneys received under the ROTC service scholarship program, which are for payment of amounts pursuant to K.S.A. 74-3260, and amendments thereto, to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the ROTC service scholarship repayment fund. All expenditures from the ROTC service scholarship repayment fund shall be for scholarships awarded under the ROTC service scholarship program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of regents or by a person designated by the state board.
History: L. 2001, ch. 151, § 39; July 1.
History: L. 1979, ch. 302, § 7; L. 1986, ch. 290, § 1; Repealed, L. 1996, ch. 181, § 7; July 1.
(b) An obligation under any agreement entered into in accordance with the ROTC service scholarship program shall be satisfied: (1) If performance of the obligation has been completed in accordance with the agreement; (2) if the person obligated serves for not less than four years as an enlisted member of the Kansas national guard; (3) if the person obligated dies; (4) if, because of permanent physical disability, the person obligated is unable to satisfy the obligation; (5) if the person obligated fails to satisfy the requirements of the academic program in which enrolled after making the best effort possible; (6) if the person obligated fails to satisfy all requirements for participation in the reserve officers' training corps program after making the best effort possible; or (7) if the person obligated fails to satisfy all requirements for commission as a second lieutenant in the Kansas national guard after making the best effort possible.
History: L. 2001, ch. 151, § 40; July 1.
(b) "Defunct institution of postsecondary education" means any institution of postsecondary education which has made a determination that it should be dissolved or disorganized, or which has been dissolved or disorganized prior to the effective date of this act, or which ceases to award academic degrees or has ceased awarding academic degrees prior to the effective date of this act.
(c) "Successor institution" means an institution of postsecondary education which has custody of all property, records, files and data of a defunct institution of postsecondary education. The term successor institution includes within its meaning any institution of postsecondary education which is defunct because of its cessation of the awarding of academic degrees but which continues in existence under restated and amended articles of incorporation.
(d) "Academic degree" means any associate, bachelor's, first professional, master's, intermediate (specialist), or doctor's degree.
(e) "Student records" means the records, files and data of all students who are in attendance at a defunct institution of postsecondary education at the time of dissolution or disorganization or cessation of the awarding of academic degrees, or who have attended a defunct institution of postsecondary education.
History: L. 1980, ch. 230, § 1; July 1.
(b) Upon assuming custody and control of any student records, files and data, the state board of regents shall designate one or more persons to be the custodian thereof. Said custodian is hereby authorized to act as the registrar with regard to such records, files and data and shall assume and be the successor in every way to the powers, duties, functions and obligations of the registrar of the defunct institution. Every act performed in the exercise of such powers, duties and functions by or under the authority of said custodian shall be deemed to have the same force and effect as if performed by the registrar of the defunct institution in whom such powers, duties and functions were vested prior to the time such institution became a defunct institution.
History: L. 1980, ch. 230, § 2; July 1.
(b) The state board of regents may designate the chief executive officers of the state educational institutions to act on behalf of the state board in exercising the authority provided for the granting or conveying of right-of-way easements under subsection (a).
(c) The provisions of K.S.A. 75-2132, 75-2133 and 75-2134, and amendments of such sections, apply to the granting or conveying of easements under authority of this section.
History: L. 1980, ch. 229, § 1; L. 1989, ch. 231, § 1; L. 1996, ch. 103, § 1; July 1.
(b) Osteopathic medical service scholarships shall be in effect for the period of time specified in subsection (c) and shall provide to the person receiving the scholarship the payment of an amount not to exceed the maximum amount of a loan authorized to be made under the medical student loan act.
(c) Osteopathic medical service scholarships shall be awarded on an annual basis and shall be in effect for one year unless otherwise terminated before the expiration of such period of time. A Kansas resident who is an undergraduate student enrolled in or admitted to an accredited school of osteopathic medicine in a course of instruction leading to the degree of doctor of osteopathy may be awarded a scholarship for each year the student enters into a written agreement with the state board of regents as provided in K.S.A. 74-3266, and amendments thereto, up to a maximum of four years. For each year a student is awarded a scholarship, the student shall engage in the practice of medicine and surgery in Kansas for the period of time specified in subsection (a)(3) of K.S.A. 74-3266, and amendments thereto, unless such obligation is otherwise satisfied as provided in K.S.A. 74-3268, and amendments thereto.
(d) The state board of regents shall not award more than 15 osteopathic medical service scholarships in any year to persons who have not previously been awarded such a scholarship and, in any case, the state board shall not award more than 60 such scholarships in any year. In selecting Kansas residents to be awarded osteopathic medical service scholarships, the state board shall give primary consideration to students commencing their first year of instruction at accredited schools of osteopathic medicine and thereafter shall consider students in later years of instruction.
History: L. 1982, ch. 378, § 1; L. 1993, ch. 184, § 1; L. 2001, ch. 151, § 1; July 1.
(1) Complete the required course of instruction and receive the degree of doctor of osteopathy;
(2) apply for and obtain a license to practice medicine and surgery in Kansas;
(3) except as otherwise provided in subsection (c), engage in the practice of medicine and surgery in Kansas on a full-time basis for a period of 12 months for each year a scholarship was received or on a part-time basis for a period equivalent to 12 months, as determined by the state board of regents, for each year a scholarship was received;
(4) (A) with regard to persons entering into agreements prior to the effective date of this act, commence such full-time or part-time practice of medicine and surgery within nine months after licensure or within nine months after completion of an approved postgraduate residency training program and licensure, whichever is later, and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;
(B) with regard to persons entering into agreements after the effective date of this act, commence such full-time or part-time practice of medicine and surgery within six months after licensure or within six months after completion of an approved postgraduate residency training program and licensure, whichever is later, and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;
(5) agree that the service commitment for each agreement entered into under this section is in addition to the service commitment contained in any other agreement which has been or may be entered into under this section for the purpose of obtaining scholarship aid;
(6) maintain records and make reports to the state board of regents to document satisfaction of the obligation under such agreement to engage in the full-time or part-time practice of medicine and surgery in Kansas and to continue such practice for a consecutive period of months equal to the total number of months required under the agreement; and
(7) repay amounts to the state board of regents as provided in K.S.A. 74-3267, and amendments thereto, upon failure to engage in the full-time or part-time practice of medicine and surgery in Kansas for the required period of time under any agreement entered into as provided in this section.
(b) Except as otherwise provided in subsection (c), each Kansas student who enters into an agreement as provided in this section shall serve the practice obligations incurred by such student under the agreement in a rural area or a medically underserved area.
(c) (1) A person awarded an osteopathic medical service scholarship may satisfy the obligation to engage in the practice of medicine and surgery under an agreement entered into pursuant to this section, even though such person is engaged in practice in an area not designated a rural area or a medically underserved area, through employment by the state of Kansas on a part-time basis, which employment has been approved by the state board of regents, for the practice of medicine and surgery at any state medical care facility or institution.
(2) For the purposes of this subsection, service or employment at a state medical care facility or institution on a part-time basis of at least the equivalent of 1/2 time shall satisfy the obligation to engage in the full-time practice of medicine and surgery in Kansas for a period of 12 months for each year a scholarship was received as provided in an agreement entered into under this section.
(d) For the purposes of the osteopathic medical service scholarship program (1) "state medical care facility or institution" has the meaning ascribed thereto in subsection (k) of K.S.A. 76-375, and amendments thereto; (2) "approved postgraduate residency training program" means a residency training program in general internal medicine, pediatrics, family medicine, family practice, obstetrics and gynecology, or emergency medicine; (3) "medically underserved area" means a practice location designated medically underserved by the state board of regents; and (4) "rural area" has the meaning ascribed to "service commitment area" by subsection (c) of K.S.A. 76-381, and amendments thereto.
History: L. 1982, ch. 378, § 2; L. 1988, ch. 362, § 3; L. 1993, ch. 184, § 2; L. 2001, ch. 151, § 2; L. 2004, ch. 146, § 6; July 1.
(2) Any person who applies for and enters a postgraduate residency training program that is not an approved program as provided in this section shall be required to repay all moneys received as provided in an agreement entered into under K.S.A. 74-3266, and amendments thereto, plus accrued interest from the date such moneys were received at a rate which is equivalent to the interest rate applicable to loans made under the federal PLUS program at the time such person first entered into an agreement plus five percentage points and shall commence such repayment in accordance with subsection (b) within 90 days of graduation from the school of osteopathic medicine or upon termination or completion of a residency training program which does not comply with the provisions of this act, whichever is later.
(3) Any person who enters and completes an approved postgraduate residency training program but fails to satisfy the obligation to engage in the full-time or part-time practice of medicine and surgery for the required period of time shall be required to repay all money received pursuant to an agreement entered into under K.S.A. 74-3266, and amendments thereto, plus accrued interest from the date such money was received at a rate which is equivalent to the interest rate applicable to loans made under the federal PLUS program at the time such person first entered into an agreement plus five percentage points and shall commence such repayment in accordance with subsection (b) within 90 days of failure to satisfy the obligation.
(b) Each person required to repay any amount under this section shall repay an amount totaling the entire amount to be repaid under all such agreements for which obligations are not satisfied, including all amounts of interest at the rate prescribed. Except as otherwise provided in this section, such repayment shall be in installment payments and each such installment shall be not less than an amount equal to 1/5 of the total amount which would be required to be paid if repaid in five equal annual installments.
(c) Except as otherwise provided in subparts (2) and (3) of subsection (a), all installment payments under this section shall commence six months after the date of the action or circumstance that causes the failure of the person to satisfy the obligations of such agreements, as determined by the state board of regents based upon the circumstances of each individual case. If an installment payment becomes 91 days overdue, the entire amount outstanding shall become immediately due and payable, including all amounts of interest at the rate prescribed.
(d) The total repayment obligation imposed under all agreements entered into as provided in K.S.A. 74-3266, and amendments thereto, may be satisfied at any time prior to graduation from the accredited school of osteopathic medicine by making a single lump sum payment equal to the total of (1) the entire amount to be repaid under all such agreements upon failure to satisfy the obligations under such agreements to practice in Kansas, plus (2) all amounts of interest accrued thereon at the rate prescribed under this section.
(e) The state board of regents is authorized to turn any repayment account arising under the osteopathic medical service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed under this section.
History: L. 1982, ch. 378, § 3; L. 1993, ch. 184, § 3; L. 2001, ch. 151, § 3; July 1.