KRS 164.785: Qualifications for state assistance -- Calculation -- Adjustment for

scholarship.

(1) The State of Kentucky shall grant an amount as provided in KRS 164.780 and this

section to any applicant who meets the following qualifications:

(a) Is a Kentucky resident as defined by the Kentucky Council on Postsecondary

Education; and

(b) 1. Has been accepted by or is enrolled as a full -time student in a program

of study leading to a postsecondary degree at a Kentucky independent

college or university whi ch is accredited by a regional accrediting

association recognized by the United States Department of Education

and whose institutional programs are not composed solely of sectarian

instruction;

2. Has been accepted by or is enrolled as a full -time student in a program

of study leading to a postsecondary degree at an out -of-state

postsecondary education institution licensed by the Council on

Postsecondary Education to operate in Kentucky which is accredited by

a regional accrediting association recognized by the United States

Department of Education and whose institutional programs are not

composed solely of sectarian instruction; or

3. Has been accepted or is enrolled as a student in a comprehensive

transition and postsecondary program at an institution desc ribed in

subparagraph 1. of this paragraph. For purposes of this section, a student

enrolled in a comprehensive transition and postsecondary program shall

be considered a part-time student, and the grant amount shall be adjusted

accordingly by the Kentucky Higher Education Assistance Authority.

An otherwise eligible student having a disability defined by Title II of the

Americans with Disabilities Act (42 U.S.C. secs. 12131 et seq.), certified by a

licensed physician to be unable to attend the eligible pro gram of study full -

time because of the disability may also qualify under this paragraph; and

(c) Has not previously attended college or university more than the maximum

number of academic terms established by the authority in administrative

regulations.

(2) The amount of the tuition grant to be paid to a student each semester, or appropriate

academic term, shall be determined by the Kentucky Higher Education Assistance

Authority.

(3) The maximum amount shall not exceed fifty percent (50%) of the average sta te

appropriation per full -time equivalent student enrolled in all public institutions of

higher education. Such tuition grants are to be calculated annually by the Kentucky

Higher Education Assistance Authority.

(4) The need of each applicant shall be dete rmined by acceptable need analysis such as

use of the free application for federal student aid in conjunction with Part E of the

federal act, 20 U.S.C. secs. 1087kk through 1087vv, and such other analyses as the

authority may determine, subject to the appr oval by the United States Secretary of

Education.

(5) An adjustment shall be made in the tuition grant of any student awarded a

scholarship from any other source provided the combination of grants and awards

exceeds the calculated need of the student.

(6) Accepted or enrolled students qualifying under the provisions of subsection (1)(b)

of this section prior to the 2011 -2012 academic year shall be under those provisions

and continue under those provisions until June 30, 2014.

(7) Beginning with the 2011-2012 academic year, and each year thereafter:

(a) A student may enroll and receive a Kentucky tuition grant at any Kentucky

independent college or university whose institutional programs are not

composed solely of sectarian instruction and is accredited by:

1. The Southern Association of Colleges and Schools; or

2. a. A national accreditation agency that is recognized by the United

States Department of Education; and

b. Is a college or university eligible to receive federal funding under

20 U.S.C. secs. 1061 to 1063;

(b) Programs or campuses of any out -of-state postsecondary education institution

that is licensed by the Council on Postsecondary Education to operate in

Kentucky and whose institutional programs are not composed solely of

sectarian instruction sha ll be accredited by the Southern Association of

Colleges and Schools in order to qualify as an eligible institution in which a

student may enroll and receive a Kentucky tuition grant, except as provided in

paragraph (c) of this subsection; and

(c) Programs or campuses of any out -of-state postsecondary education institution

that is licensed by the Council on Postsecondary Education to operate in

Kentucky and whose institutional programs are not composed solely of

sectarian instruction, but in which accredita tion by the Southern Association

of Colleges and Schools is not an option, shall be reviewed and approved by

the Council on Postsecondary Education based on accreditation criteria that

mirrors Southern Association of Colleges and Schools accreditation crit eria in

order to qualify as an eligible institution in which a student may enroll and

receive a Kentucky tuition grant. All costs associated with the institutional

reviews shall be the responsibility of the institution seeking approval by the

council. The Council on Postsecondary Education shall promulgate

administrative regulations in accordance with KRS Chapter 13A to carry out

the provisions of this paragraph.