View Rules & Regulations related to Private Postsecondary...
88-28-1. Definitions.
Each of the following terms, wherever used in this article of the board’s regulations, shall have the meaning specified in this regulation:
(a) “Academic year” means instruction consisting of at least 24 semester credit hours over a period of two semesters or the equivalent.
(b) “Associate’s degree” means a postsecondary degree consisting of at least 60 semester credit hours or the equivalent of college level coursework. This term shall include the following types of associate’s degree:
(1) “Associate in applied science degree” means a technical oriented or occupational oriented associate’s degree that meets the following conditions:
(A) Is granted to each student who successfully completes a program that emphasizes preparation in the applied arts and sciences for careers, typically at the technical or occupational level; and
(B) requires at least 15 semester credit hours in general education and at least 30 semester credit hours or the equivalent in the technical content area.
(2) “Associate in arts degree” means an associate’s degree that meets the following conditions:
(A) Is granted to each student who successfully completes a program that emphasizes the liberal arts; and
(B) requires at least 30 semester credit hours or the equivalent in general education, including English, mathematics, humanities, communications, physical sciences, and social and behavioral sciences, or any combination of these subjects.
(3) “Associate in general studies degree” means an associate’s degree that meets the following conditions:
(A) Is granted to each student who successfully completes a program that emphasizes a broad range of knowledge; and
(B) requires at least 24 semester credit hours or the equivalent in general education.
(4) “Associate in science degree” means an associate’s degree that meets the following conditions:
(A) Is granted to each student who successfully completes a program that emphasizes either mathematics or the biological or physical sciences, or both; and
(B) requires at least 30 semester credit hours or the equivalent in general education.
(c) “Bachelor’s degree” and “baccalaureate” mean a degree that meets the following conditions:
(1) Requires the equivalent of at least four academic years of college level coursework in the liberal arts, sciences, or professional fields meeting the following conditions:
(A) Requires at least 120 semester credit hours or the equivalent;
(B) includes at least 45 semester credit hours or the equivalent in upper-division courses; and
(C) requires at least 60 semester credit hours or the equivalent from institutions that confer a majority of degrees at or above the baccalaureate level; and
(2) requires a distinct specialization, which is known as a “major,” that requires either of the following:
(A) At least one academic year, or the equivalent in part-time study, of work in the major subject and at least one academic year, or the equivalent in part-time study, in related subjects; or
(B) at least two academic years, or the equivalent in part-time study, in closely related subjects within a liberal arts interdisciplinary program.
(d) “Catalog” means a document delivered in print or on-line containing the elements specified in K.A.R. 88-28-2.
(e) “Closure of an institution” and “closure” mean the practice of no longer allowing students access to the institution to receive instruction. Closure of an institution occurs on the calendar day immediately following the last day on which students are allowed access to the institution to receive instruction.
(f) “Degree program” means a course of study that meets the following conditions:
(1) Leads to an associate’s degree, a bachelor’s degree, a master’s degree, an intermediate (specialist) degree, a first professional degree, or a doctor’s degree; and
(2) consists of at least 30 semester credit hours or the equivalent of coursework in a designated academic discipline area.
(g) “Doctor’s degree” means a degree that may include study for a closely related master’s degree and that meets the following conditions:
(1) Is granted to each student who successfully completes an intensive, scholarly program requiring the equivalent of at least three academic years beyond the bachelor’s degree;
(2) requires a demonstration of mastery of a significant body of knowledge through successful completion of either of the following:
(A) A comprehensive examination; or
(B) a professional examination, the successful completion of which may be required in order to be admitted to professional practice in Kansas; and
(3) requires evidence, in the form of a doctoral dissertation, of competence in independent basic or applied research that involves the highest levels of knowledge and expertise.
(h) “Enrollment documents” means written documentation provided by an institution to a student in which the institution agrees to provide instruction to the student for a fee. The enrollment documents shall meet the requirements of K.A.R. 88-28-7.
(i) “Enrollment period” means the period of time specified in enrollment documents during which instruction, including any examinations given, is to be provided to a student.
(j) “Entering an institution” means commencing class attendance by a student at an on-site institution or first submitting a lesson by a student for evaluation in a distance education program.
(k) “First professional degree” means a degree that meets the following conditions:
(1) Is granted to each student who successfully completes study beyond the fulfillment of undergraduate requirements, as approved by the state board;
(2) requires the equivalent of at least five academic years of study, including work towards a bachelor’s degree; and
(3) includes a specialization in a professional field.
(l) “Honorary degree” means a special degree awarded as an honor that is bestowed upon a person without completion of the usual requirements.
(m) “Intermediate (specialist) degree” means a degree, including an educational specialist degree, granted to each student who successfully completes a program requiring the equivalent of at least one academic year beyond the master’s degree in a professional field.
(n) “Master’s degree” means a degree that meets the following conditions:
(1) Is granted to each student who successfully completes a program in the liberal arts and sciences or in a professional field beyond a bachelor’s degree;
(2) requires the equivalent of at least one academic year in a curriculum specializing in a single discipline or single occupational or professional area; and
(3) culminates in a demonstration of mastery, which may include one or more of the following:
(A) A research thesis;
(B) a work of art; or
(C) the solution of an applied professional problem.
(o) “Program” means either of the following:
(1) A course or series of courses leading to a certificate, diploma, or degree; or
(2) training that prepares a person for a field of endeavor in a business, trade, technical, or industrial occupation.
(p) “Review course” means an educational offering designed to review previous knowledge gained from a completed educational program.
(q) “Teach-out agreement” means a written agreement between institutions that provides for the equitable treatment of students and a reasonable opportunity for students to complete their program of study if an institution, or an institutional location that provides 100 percent of at least one program offered, ceases to operate or plans to cease operations before all enrolled students have completed their program of study.
(r) “Upper division course” means any course with content and teaching appropriate for students in their third and fourth academic years or for other students with an adequate background in the subject. (Authorized by and implementing K.S.A. 2021 Supp. 74-32,165, effective Oct. 20, 2006; amended March 18, 2011; amended May 26, 2017; amended Feb. 17, 2023.)
88-28-2. Minimum requirements.
(a) To qualify for a certificate of approval, each applicant institution shall meet the requirements listed in K.S.A. 74-32,169, and amendments thereto. An owner of each applicant institution or the owner’s designee shall submit evidence that the institution meets the following minimum requirements:
(1) The physical space shall meet the following requirements:
(A) Be free from hazards and be properly maintained;
(B) provide learning environments appropriate for each curriculum in size, seating, lighting, equipment, and resources;
(C) be either owned by the institution or accessed through a long-term lease or other means of access that indicates institutional stability; and
(D) if the physical space includes student housing owned, maintained, or approved by the institution, meet all local standards for public health and safety.
(2) The owner or the owner’s designee has received all required inspections and written reports from the local fire department, state fire marshal, and other agencies responsible for ensuring public health and safety and has completed any required improvements. The written reports shall be maintained on-site and provided to the state board upon request.
(3) The administrative personnel of the institution shall meet the following requirements:
(A) Be adequate in number to support the programs offered; and
(B) be adequately prepared for operating an institution through training, experience, credentialing, or any combination of these.
(4) The executive and academic leadership of the institution shall have qualifications that reasonably ensure that the purpose and policies of the institution are effectively maintained. The administrative responsibilities and concomitant authority of the executive and academic leadership shall be clearly specified in the institution’s files.
(5) All academic, enrollment, and financial records of the students shall be securely maintained and protected from theft, fire, and other possible loss. Student transcripts shall be kept in an accessible format for 50 years from each student’s last date of attendance.
(6) The owner of the institution or the owner’s designee shall submit to the state board the most recent financial statements for the institution operating in Kansas and for
any parent or holding companies related to that institution. The financial statements provided to the state board shall demonstrate a profit earned before depreciation, amortization, and taxes and meet at least one of the following requirements for the most recent fiscal or calendar year:
(A) Demonstrate a minimum ratio of current assets to current liabilities of at least 1:1. This asset ratio shall be calculated by adding the cash and cash equivalents to the current accounts receivable and dividing the sum by the total current liabilities. Extraordinary items, prior period adjustments, changes in accounting principles, questionable accounting treatments, unsecured or uncollateralized related-party receivables, intangible assets, and restricted assets shall be excluded; or
(B) exhibit a positive net worth in which the total assets exceed the total liabilities. Net worth shall be calculated by subtracting total liabilities from total assets. Extraordinary items, prior period adjustments, changes in accounting principles, questionable accounting treatments, unsecured or uncollateralized related-party receivables, intangible assets, and restricted assets shall be excluded.
(7) Each institution shall have a tuition refund policy and a student enrollment cancellation policy, called the “refund policy” in this article of the state board’s regulations, that meets the following requirements:
(A) Is published in the institution’s catalog;
(B) complies with K.S.A. 74-32,169 and amendments thereto;
(C) establishes that each student will be reimbursed for any items for which the student was charged but did not receive, including textbooks and software;
(D) has no more stringent requirements than the following:
(i) All advance monies, other than an initial, nonrefundable registration fee, paid by the student before attending class shall be refunded if the student requests a refund, in writing, within three days after signing an enrollment agreement and making an initial payment;
(ii) for institutions collecting a nonrefundable initial application or registration fee, the student shall be required to sign a written statement acknowledging that the initial application or registration fee is nonrefundable. This statement may be a part of the enrollment documents, as described in K.A.R. 88-28-7;
(iii) each student who has completed 25 percent or less of a course and withdraws shall be eligible for a pro rata refund. The completion percentage shall be based on the total number of calendar days in the course and the total number of calendar days completed. In determining the official termination date and percentage of each course completed, the institution may consider the week during which the student last attended to be an entire week of attendance completed. After a student has attended more than 25 percent of the course, tuition and fees shall not be refundable;
(iv) all monies due to a student shall be refunded within 60 days from the last day of attendance or within 60 days from the receipt of payment if the date of receipt of payment is after the student’s last date of attendance; and
(v) for institutions with programs consisting of fewer than 100 clock-hours, refunds may be calculated on an hourly, pro rata basis.
(8) All correspondence from the institution regarding the enrollment cancellation of a student, and any refund owed to the student, shall reference the refund policy of the institution.
(9) The required catalog of the institution’s operation and services published electronically or in print, or both, shall include the following items:
(A) A table of contents;
(B) a date of publication;
(C) a list of any approvals, including contact information for the state board, and accreditations, including contact information, affiliations, and memberships that the institution has obtained;
(D) any requirements that students must meet to be admitted;
(E) an academic calendar or a reference to a published calendar used by the institution;
(F) the name and nature of each occupation for which training is given;
(G) the curricula offered, including the number of clock-hours or credit hours for each course in each curriculum;
(H) a description of the physical space and the educational equipment available;
(I) the tuition and fees charged;
(J) a description of the system used to measure student progress;
(K) the graduation requirements or completion requirements, or both;
(L) the institutional mission;
(M) identification of the owner of the institution;
(N) a list of the instructors teaching in Kansas, including their degrees held and the institutions from which their degrees were received;
(O) the institutional rules;
(P) the institution’s policies for tuition refund and student enrollment cancellation, as described in paragraph (a)(7);
(Q) the extent to which career services are available;
(R) the institution’s policies for the transfer of clock-hours or credit hours and for advanced-standing examinations for students transferring to the institution or transferring to a different institution;
(S) an attendance policy; and
(T) a grievance policy and complaint procedures, including contact information for the state board, as required by K.S.A. 74-32,169 and amendments thereto.
(10) The enrollment documents shall meet the requirements of K.A.R. 88-28-7.
(11) All advertising and promotional materials shall meet the following requirements:
(A) Include the correct name of the institution that is approved by the state board;
(B) be truthful and not misleading by actual statement or omission;
(C) not be located in the employment or “help wanted” classified ads;
(D) not quote salaries for an occupation in the institution’s advertising or promotional literature without including either the documented median starting wage of a majority of the institution’s graduates who graduated within the most recent calendar year or a citation to a governmental agency or nationally recognized source of the quoted salaries;
(E) make no offers of institutional scholarships or partial institutional scholarships, unless the scholarships are bona fide reductions in tuition and are issued under specific, published criteria;
(F) use the word “accredited” only if the accrediting agency is one recognized by the United States department of education;
(G) not make any overt or implied claim of guaranteed employment during training or upon completion of training, in any manner; and
(H) not use letters of endorsement, recommendation, or commendation in the institution’s advertising and promotional materials, unless the letters meet the following requirements:
(i) The institution received the prior, written consent of the authors;
(ii) the institution did not provide remuneration in any manner for the endorsements; and
(iii) the institution keeps all letters of endorsement, recommendation, or commendation on file, subject to inspection, for at least three years after the last use of the contents in advertising or promotional materials.
(12) Each curriculum shall meet the following requirements:
(A) Be directly related to the institution's published mission;
(B) evidence a well organized sequence of appropriate subjects leading to occupational or professional competence;
(C) reasonably and adequately ensure achievement of the stated objectives for which the curriculum is offered;
(D) if the curriculum prepares students for licensure, be consistent with the educational requirements for licensure; and
(E) if courses are delivered by distance education, meet the same standards as those for courses conducted on-site.
(13) The published policies for measuring student progress shall be followed.
(14) All instructional materials shall meet the following requirements:
(A) Reflect current occupational knowledge and practice applicable to the field of study and meet national standards if the standards exist;
(B) be sufficiently comprehensive to meet the learning objectives stated in the institution’s published catalog;
(C) include suitable teaching devices and supplemental instructional aids appropriate to the subject matter; and
(D) be applicable to the curricula and the students.
(15) All instructional equipment shall meet the following requirements:
(A) Be current and maintained in good repair; and
(B) be used by students according to written policies for safe usage.
(16) Each faculty member shall be qualified to teach in the field or fields to which the member is assigned. Faculty responsibilities may be defined in terms of the number of hours taught, course development and research required, level of instruction, and administrative, committee, and counseling assignments.
(17) Each faculty member’s minimum academic credential shall be at least one degree-level above the degree being taught, unless other credentials are typically used in lieu of the academic degree in a particular field of study. In those cases, qualifications may be measured by technical certifications, relevant professional experience, professional certifications, creative activity, training, or licensure, or any combination of these. The institution shall provide documentation that all faculty appointments meet these standards.
(18) The instructors in all programs shall maintain continuous professional experience in their professional fields.
(19) In service training that is consistent with the institution’s mission shall be provided for the improvement of both the instructors and the curricula.
(20) All students shall be given the appropriate educational credentials upon completion of the program that indicate satisfactory completion.
(21) Each certificate, diploma, or degree shall include the following information, at a minimum:
(A) The name of the graduate;
(B) the name of the program completed;
(C) the name of the institution issuing the credential; and
(D) the date on which the graduate completed the program.
(b) In addition to meeting the requirements of subsection (a), an owner of the applicant institution for which degree-granting authority is sought, or the owner’s designee, shall also submit evidence that the institution meets the following minimum requirements:
(1) Each degree program for which degree-granting authority is sought shall meet the criteria specified in the definition of that degree in K.A.R. 88-28-1.
(2) The library holdings maintained in a physical library or on-line, or in a combination of a physical library and on-line, shall be appropriate to each degree awarded.
(3) Each institution’s governing structure shall clearly delineate the responsibility for all legal aspects of operations, the formulation of policy, the selection of the chief executive officer, and the method of succession. If the institution is governed by a board or group of officers, the following aspects of the board or group shall be clearly defined:
(A) The membership;
(B) the manner of appointment;
(C) the terms of office; and
(D) all matters related to the duties, responsibilities, and procedures of that body.
(4) The financial statements for the institution shall be audited by a CPA.
(5) The institution shall be accredited by or making progress toward successful attainment of accreditation by a recognized accrediting organization.
(c) If an institution has accreditation issued by an accrediting agency recognized by the United States department of education, that accreditation may be accepted by the state board as presumptive evidence that the institution meets the minimum requirements specified in this regulation. However, each degree program for which degree-granting authority is sought shall meet the criteria specified in the definition of that degree in K.A.R. 88-28-1. Accreditation shall not be accepted by the state board as presumptive evidence of compliance with minimum financial requirements. (Authorized by K.S.A 2021 Supp. 74-32,165; implementing K.S.A. 2021 Supp. 74-32,165, 74-32,168, and 74-32,169; effective Oct. 20, 2006; amended May 26, 2017; amended Feb. 17, 2023.)
88-28-3. Certificates of approval.
(a) A certificate of approval may be issued with degree-granting authority or without degree-granting authority.
(b) An owner of each institution for which a certificate of approval to operate in Kansas is sought, or the owner’s designee, shall submit an application on a form provided by the state board. An owner of each institution for which degree-granting authority is sought, or the owner’s designee, shall indicate on the application that degree-granting authority is requested and shall specify the degree programs proposed to be offered by the institution.
(c) An owner of each institution or the owner’s designee shall submit the following information with the application:
(1) An outline or syllabus of each course offered in Kansas;
(2) a description of the institution’s facilities, equipment, and instructional materials;
(3) a certification by an owner of the applicant institution or the owner’s designee that the building that is to house the institution meets the requirements of all local, state, and federal regulations;
(4) a resume of each administrator and instructor that includes the individual’s education, previous work experience, professional activities, and, if applicable, licensure;
(5) evidence of the institution’s professional development and in-service activities;
(6) a copy of the proposed catalog or, if existing, a copy of each of the institution’s most recent catalogs, bulletins, and brochures, with any supplements, or functional equivalents;
(7) a copy of the enrollment documents, or functional equivalent;
(8) a copy of the credential to be given to each student upon completion of a program;
(9) a description of how the student and administrative records are maintained as required by K.A.R. 88-28-2;
(10) a copy of any advertising used;
(11) a financial statement showing income and expenditures for the most recent, complete fiscal year. These documents shall include either a balance sheet and an income statement or a statement of financial position and a statement of activities. These documents shall be audited by a certified public accountant if the institution is requesting degree-granting authority or the institution participates in title IV student financial aid programs under the higher education act of 1965, as amended;
(12) for an institution in its first calendar year of operation, a business plan with the initial application, which shall include the following:
(A) An income statement or statement of activities that provides projected revenue and expenses for the first year of operation; and
(B) written documentation evidencing the amounts and sources of capital currently available to the institution for payment of start-up costs and any potential losses; and
(13) a copy of any certificate of accreditation issued to the institution by an accrediting agency recognized by the United States department of education and a copy of a report of any adverse actions during the last three academic years.
(d) If an institution is found to be eligible for a certificate of approval, an owner of the applicant institution or the owner’s designee shall be notified of the pending approval of the institution. Following notification, an owner of the applicant institution or the owner’s designee shall furnish a surety bond in the amount of $20,000, as required by K.S.A. 74-32,175 and amendments thereto. A certificate of approval shall not be issued until the surety bond is filed with and accepted by the state board.
(e) On the state board’s own motion or upon a written complaint filed by any person doing business with the institution, an investigation of the institution may be conducted by the state board. Based upon the results of the investigation, the institution may be ordered by the state board to take corrective action, or proceedings may be initiated by the state board to revoke or condition the institution’s certificate of approval. The approval to grant degrees may be revoked in whole or for specific degree programs if an institution is not in compliance with the minimum requirements specified in K.S.A. 74-32,169, and amendments thereto, and K.A.R. 88-28-2.
(f) If an institution or an owner of the institution is named in any criminal action or civil action alleging dishonesty, fraud, or a consumer protection violation after the institution has obtained a certificate of approval, the owner or owner’s designee shall immediately notify the state board of the criminal or civil action.
(g) If there are any changes or adverse actions taken by the United States department of education or the institution’s accreditor, the owner or the owner’s designee shall notify the state board within a week of receipt of notice of the changes or adverse actions taken.
(h) An owner or the owner’s designee of each institution with degree-granting authority that seeks to begin a new degree program shall file for an amendment to its certificate of approval on a form provided by the state board. Each new degree program shall meet the criteria specified in the definition of that degree in K.A.R. 88-28-1. The owner of the institution or the owner’s designee shall submit the following items with the application to amend its certificate of approval:
(1) An outline of the curriculum to be offered for the new degree;
(2) the qualifications of the faculty to be involved in the program of study;
(3) the relationship of the new degree program to the mission of the institution; and
(4) any other information requested by the board. (Authorized by K.S.A. 2021 Supp. 74-32,165; implementing K.S.A. 2021 Supp. 74-32,167, 74-32,168, 74-32,172, 74-32,175 and 74-32,177; effective Oct. 20, 2006; amended May 26, 2017; amended Feb. 17, 2023.)
88-28-4. On-site visits.
Each applicant institution shall submit to site or virtual visits by state board designees and shall cooperate by providing immediate access to records and premises, as requested. (Authorized by K.S.A. 2021 Supp. 74-32,165; implementing K.S.A. 2021 Supp. 74-32,165, 74-32,169; effective Oct. 20, 2006; amended May 26, 2017; amended Feb. 17, 2023.)
88-28-5. Registration of representatives.
(a) Each institution shall designate one individual who shall serve as the representative of that institution and who shall complete and submit a representative’s application on the form provided by the state board. A separate application shall be submitted for each institution that the individual seeks to represent, unless the institutions that the individual seeks to represent all have common ownership. The applicant and either an owner of the institution that the applicant seeks to represent or the owner’s designee shall sign the application and shall attest that if the registration is issued, the applicant will be employed by the institution.
(b) If the state board, upon review and consideration of an application, determines that the application is denied, the applicant shall be notified by the state board of the denial and each reason for the denial. The notice shall also advise the applicant of the right to request a hearing under K.S.A. 74-32,172 and amendments thereto.
(c) A certificate of registration for each institution with separate ownership shall be issued by the state board to the individual upon approval of the application. The certificate shall state the name of the registrant, the name of the institution that the registrant may represent, the date of issuance, and the date of expiration. The representative shall make available proof of the representative’s registration to each prospective student or enrollee, if asked, before engaging in any personal solicitation.
(d) On the state board’s own motion or upon a written complaint filed by any person doing business with the representative, an investigation of the representative may be conducted by the state board. Based upon the results of the investigation, the representative or the institution may be ordered by the state board to take corrective action, or proceedings may be initiated by the state board to revoke the representative’s certificate of registration pursuant to K.S.A. 74-32,172 and amendments thereto. (Authorized by K.S.A. 2016 Supp. 74-32,165; implementing K.S.A. 2016 Supp. 74-32,174; effective Oct. 20, 2006; amended May 26, 2017.)
88-28-6. Fees.
Fees for certificates of approval, registration of representatives, and certain transcripts shall be paid to the state board in accordance with this regulation.
(a) For institutions chartered, incorporated, or otherwise organized under the laws of Kansas and having their principal place of business within the state of Kansas, the following fees shall apply:
(1) Initial application fees:
(A) Non-degree-granting institution $1,000
(B) Degree-granting institution $2,000
(2) Initial evaluation fee, in addition to initial application fees:
(A) Non-degree level $750
(B) Associate degree level $1,000
(C) Baccalaureate degree level $2,000
(D) Master’s degree level $3,000
(E) Professional and doctoral degree levels $4,000
(3) Renewal application fees:
(A) Non-degree-granting institution 2% of gross tuition, but not less than $500 and not more than $10,000
(B) Degree-granting institution 2% of gross tuition, but not less than $1,200 and not more than $10,000
(4) New program submission fees, for each new program:
(A) Non-degree program $100
(B) Associate degree program $250
(C) Baccalaureate degree program $500
(D) Master’s degree program $750
(E) Professional and doctoral degree programs $1,500
(5) Branch campus site fees, for each branch campus site:
(A) Initial non-degree-granting institution $1,000
(B) Initial degree-granting institution $2,000
(6) Renewal branch campus site fees, for each branch campus site:
(A) Non-degree-granting institution 2% of gross tuition, but not less than $500 and not more than $1,000
(B) Degree-granting institution 2% of gross tuition, but not less than $1,000 and not more than $1,500
(7) Representative fees:
Initial registration $200
(8) Late submission of renewal of application fee $500
(9) Student transcript copy fee $10
(10) Returned check fee $50
(b) For institutions that are not chartered, incorporated, or otherwise organized under the laws of Kansas or that have their principal place of business outside the state of Kansas, the following fees shall apply:
(1) Initial application fees:
(A) Non-degree-granting institution $3,000
(B) Degree-granting institution $4,000
(2) Initial evaluation fee, in addition to initial application fees:
(A) Non-degree level $1,500
(B) Associate degree level $2,000
(C) Baccalaureate degree level $3,000
(D) Master’s degree level $4,000
(E) Professional and doctoral degree levels $5,000
(3) Renewal application fees:
(A) Non-degree-granting institution 3% of gross tuition received or derived from Kansas students, but not less than $1,800 and not more than $10,000
(B) Degree-granting institution 3% of gross tuition received or derived from Kansas students, but not less than $2,400 and not more than $10,000
(4) New program submission fees, for each new program:
(A) Non-degree program $250
(B) Associate degree program $500
(C) Baccalaureate degree program $750
(D) Master’s degree program $1,000
(E) Professional and doctoral degree programs $2,000
(5) Branch campus site fees, for each branch campus site:
(A) Initial non-degree-granting institution $3,000
(B) Initial degree-granting institution $4,000
(6) Renewal branch campus site fees, for each branch campus site:
(A) Non-degree-granting institution 3% of gross tuition received or derived from Kansas students, but not less than $1,800 and not more than $10,000
(B) Degree-granting institution 3% of gross tuition received or derived from Kansas students, but not less than $2,400 and not more than $10,000
(7) Representative fees:
Initial registration $350
(8) Late submission of renewal of application fee $500
(9) Student transcript copy fee $10
(10) Returned check fee $50
(Authorized by and implementing K.S.A. 74-32,181; effective Oct. 20, 2006; amended April 16, 2010; amended, T-88-7-20-11, July 20, 2011; amended Oct. 21, 2011; amended April 10, 2015; amended May 26, 2017; amended Dec. 15, 2017; amended Dec. 27, 2019.)
88-28-7. Enrollment agreement.
(a) (1) Before any institution may accept payment from a student, an official of the institution shall provide that student with an enrollment documents that explicitly outline the obligations of the institution and the student and the enrollment period for which the enrollment documents apply. When the official of the institution provides any student with the institution’s enrollment documents, the official shall also physically or electronically provide the student with a copy of the institution's catalog and any other supporting documents that detail the services to be provided by the institution.
(2) The enrollment documents shall be written so that they can be understood by the prospective student or, if the prospective student is a minor, that prospective student’s parent or legal guardian, regardless of the educational background of the individual.
(b) The enrollment documents shall contain the following elements:
(1) A title that identifies the enrollment documents as a contract or legal agreement, if applicable;
(2) the name and address of the institution;
(3) the title of the program or each course in which the student is enrolling, as identified in the course catalog;
(4) the number of clock-hours or credit hours and the number of weeks or months required for completion of the program or each course in which the student is enrolling;
(5) identification of the type of certificate, diploma, or degree to be received by the student upon successful completion of the program or each course;
(6) the total amount of tuition required for the program or each course in which the student is currently enrolling. If the total number of clock-hours or credit hours required for completion of the program will span more than one enrollment period, the enrollment documents shall include a statement that tuition is subject to change;
(7) the cost of any required books and supplies, which may be estimated if necessary;
(8) any other costs and charges to be paid by the student;
(9) the scheduled start and end dates of the program or each course and a description of the class schedule;
(10) the grounds for termination of enrollment by the institution before the student’s completion of the program or each course. These grounds may include the student’s insufficient progress, nonpayment, and failure to comply with the institution’s published rules;
(11) the method by which the student can cancel or voluntarily terminate enrollment;
(12) the institution's refund policy for cancellations and terminations, as described in K.S.A. 74-32,169 and amendments thereto and K.A.R. 88-28-2. Reference may be given to the page where the refund policy is listed in the institution’s catalog in effect at the time of enrollment;
(13) a statement disclaiming any guarantee of employment for the student after the program or each course is completed;
(14) the reasons why the institution could postpone the scheduled starting date or the class schedule, the maximum period of any possible delay, and any effect that the postponement could have on the institution’s refund policy;
(15) a description of the nature and extent of any possible major or unusual change in any course content, program content, or materials and the amount of any extra expenses that could be charged to the student;
(16) the date on which the enrollment documents become effective, if applicable;
(17) an acknowledgment that the student who signs the enrollment documents has read and received a copy of the enrollment documents, if applicable;
(18) the signature of the student or the student’s legal representative, if the student is a minor, and the date of this signature, if applicable;
(19) the signature of an official at the institution who is authorized to sign for the institution and the date of this signature, if applicable;
(20) if any extra charges are assessed, a description of what each charge is for and, if payment of these charges is collected in advance, a reasonable refund policy; and
(21) a description of any items or services required to be purchased from sources other than the institution, if any. (Authorized by K.S.A. 2016 Supp. 74-32,165; implementing K.S.A. 2016 Supp. 74-32,165, 74-32,169, and 74-32,176; effective Oct. 20, 2006; amended May 26, 2017.)
88-28-8. Student records upon closure of an institution.
(a) If an institution is closing, either voluntarily or involuntarily, the owner shall cease all recruitment efforts, school marketing, advertising, solicitation, and enrollment of new students. The owner or owner’s designee shall submit relevant documentation to the board, immediately upon request, including the following:
(1) A written statement from the owner or the owner’s designee detailing the intent and timeline to close the institution;
(2) a copy of the closure notice provided to students;
(3) a list of current students, including contact information, the program in which each student is enrolled, expected graduation date, and any potential refund due to each student;
(4) a teach-out agreement or transfer plan for current students;
(5) a list identifying the location of all student records, including student transcripts; and
(6) an active mailing address and telephone number where the institution owner can be reached after the institution closes.
(b) Upon closure of an institution, an owner of the institution or the owner’s designee shall deliver to the state board or make available to the state board through an approved third party all transcripts of the students who are or have been in attendance at the institution, unless, for institutions providing Kansas residents with distance education only, the state board determines that receipt of all transcripts of students who are or have been in attendance at the institution while a Kansas resident are sufficient to protect the state’s students’ interests. Records for any student with a hold on that student’s record shall be included. These records shall be delivered or made available no more than 15 calendar days following the closure.
(c) If the student records are not delivered or made available to the state board as required by subsection (b), any action deemed necessary may be commenced by the state board to obtain possession of the records. (Authorized by K.S.A. 2021 Supp. 74-32,165; implementing K.S.A. 2021 Supp. 74-32,170; effective Oct. 20, 2006; amended May 26, 2017; amended Feb. 17, 2023.)
88-28-9. Ownership changes.
(a) Within the time frame required by K.S.A. 2021 Supp. 74-32,170a(a) and amendments thereto, the new owner shall submit a change of ownership application and the associated documents, including the following:
(1) Documentation of the sale or transfer of ownership;
(2) a report of assets and liabilities that were transferred;
(3) an updated surety bond as required by K.A.R. 88-28-3, with the new owner named as the principal;
(4) the new owner’s most recent financial statements;
(5) a description of any changes to the institution’s mission as a result of the ownership change;
(6) a description of any changes to programs resulting from the ownership change; and
(7) a description of any changes to administrative, executive, or academic personnel and an updated list of instructors, including their degrees held and the institutions from which their degrees were received.
(b) The new owner shall certify in writing that the new owner will perform the following:
(1) Maintain and service all student records that were the responsibility of the prior owner;
(2) resolve all student complaints that were the responsibility of the prior owner and filed with the state board before final approval of the change of ownership; and
(3) honor the terms of the student enrollment documents, institutional scholarships, and grants for all students enrolled and taking classes at the time of the change of ownership. (Authorized by and implementing K.S.A. 2021 Supp. 74-32,170a; effective Feb. 17, 2023.)
88-28-10. Provisional certificate of approval.
In addition to meeting the requirements in K.A.R. 88-28-2 and 88-28-3, the owner of a degree-granting institution seeking a provisional certificate of approval pursuant to K.S.A. 74-32,168 and amendments thereto shall provide additional documentation as required by the state board, including documentation of adequate operating reserves sufficient to support operations including expenses related to accreditation, staffing, development of curriculum, equipment, and building construction. (Authorized by K.S.A. 2021 Supp. 74-32,165; implementing K.S.A. 2021 Supp. 74-32,168 and 74-32,169; effective Feb. 17, 2023.)