{"data":{"id":"us-ky/krs-165a.340","jurisdiction":"us-ky","citation":"KRS 165A.340","heading":"Kentucky Commission on Proprietary Education -- Membership --","body":"Terms -- Duties of executive director -- Administrative regulations -- Meetings\n-- Powers and duties of commission -- Compensation -- Complaint committee --\nAnnual report.\n(1) The Kentucky Commission on Proprietary Education is hereby created as an\nindependent agency of the Commonwealth and shall be attached to the Education\nand Labor Cabinet for administrative purposes. The commission shall be composed\nof the following members:\n(a) Two (2) members who are representative of privately owned postsecondary\neducational institutions licensed by the commission and appointed by the\nGovernor from a list of seven (7) names submitted by the Kentucky\nAssociation of Career Colleges and Schools;\n(b) Two (2) members who are representative of privately owned postsecondary\ntechnical schools licensed by the commission and appointed by the Governor\nfrom a list of seven (7) names submitted by the Kentucky Association of\nCareer Colleges and Schools;\n(c) Four (4) members who are representative of the public at large with a\nbackground in education, business, or industry in Kentucky and appointed by\nthe Governor;\n(d) The secretary of the Education and Labor Cabinet, or the secretary's designee;\n(e) The president of the Council on Postsecondary Education, or the president's\ndesignee; and\n(f) The commissioner of education, or the commissioner's designee.\n(2) Terms of appointed members shall be four (4) years or until successors are duly\nappointed and qua lified. A vacancy on the commission shall be filled for the\nremainder of the unexpired term in the same manner as the original appointment.\nAn appointed member shall not serve more than two (2) consecutive full terms,\nexcept that a member may be reappointe d after a break in service of one (1) full\nterm.\n(3) The commission shall employ and fix the compensation of an executive director,\nwho shall be its secretary and principal executive officer. The executive director\nshall have a background in the regulation  of commerce, business, or education, and\nshall be responsible for:\n(a) Organizing and staffing meetings of the commission;\n(b) Establishing policies to ensure retention of original licensing documentation;\n(c) Ensuring that minutes and other financial, procedural, complaint, and\noperational records are securely maintained and archived;\n(d) Internal and external correspondence and communication;\n(e) Submitting reports and strategic agenda items for review and approval;\n(f) Assisting the commission in the promulgation of administrative regulations;\n(g) Carrying out policy and program directives of the commission;\n(h) Preparing budget submissions;\n(i) Ensuring that formal complaints are provided to the complaint committee and\narranging for independent investigations as needed;\n(j) Ensuring that an independent audit of the commission's finances is conducted\nbiennially;\n(k) Ensuring that formal written agreements are executed for the procurement of\nadministrative and legal services;\n(l) Formalizing office policies and procedures relating to licensing and financial\noperations;\n(m) Developing and implementing a process for monitoring expend itures and\nreconciling on a monthly basis commission and student protection fund\nreceipts reported in the Enhanced Management Administrative Reporting\nSystem (EMARS); and\n(n) Other activities necessary to ensure that the commission meets its designated\nduties and responsibilities.\n(4) The commission shall have full authority to employ and fix the compensation for\nany personnel, including counsel, as it may deem necessary to effectively\nadminister and enforce the provisions of this chapter. The commission sh all obtain\noffice space, furniture, stationery, and any other proper supplies and conveniences\nreasonably necessary to carry out the provisions of this chapter.\n(5) The commission shall annually elect a chairperson. The chairperson shall not be a\nschool representative appointed pursuant to subsection (1)(a) or (b) of this section.\n(6) (a) The commission shall promulgate administrative regulations in accordance\nwith KRS Chapter 13A to establish:\n1. Commission operating and accountability procedures;\n2. Requirements for each licensed institution to publicly disclose according\nto standardized protocols, both in print and Web -based materials,\ninformation about:\na. Any information that the schools are required to report by the\nfederal Higher Education Opportunity  Act, Pub. L. No. 110 -315,\nusing the Integrated Postsecondary Education Data System\n(IPEDS) of the National Center for Educational Statistics as a\ncondition of participating in Title IV federal financial aid\nprograms;\nb. The job placement rate of program g raduates in the field of study\nand the types of jobs for which graduates are eligible;\nc. Articulation agreements with other postsecondary educational\ninstitutions and the rights and responsibilities of students regarding\ntransfer of credits;\nd. The complaint procedures available to students; and\ne. The existence of the student protection fund created in KRS\n165A.450, and procedures for students to file a claim, including\nbut not limited to the documentation required for submission of a\nclaim;\n3. Quality st andards and compliance monitoring schedules of traditional\nprograms, correspondence courses, and web -based, distance learning\ncourses offered over the internet;\n4. Advertising requirements for schools issued a license, including no\ndistribution of material s containing untrue, deceptive, or misleading\nstatements and no representation that the commission is an accrediting\nagency for the school or its programs;\n5. A schedule for reviewing advertisements and recruitment materials and\npractices of member institutions to ensure compliance with this chapter;\n6. An equitable structure of licensure and renewal fees, to be paid by\nlicensed schools, necessary to carry out t he provisions and purposes of\nthis chapter and to support adequate staffing of commission\nresponsibilities. The fee structure shall be based on the gross revenue of\nlicensed schools, number of students enrolled, and whether the school is\nlocated within the state or outside the state;\n7. The method for calculating placement rates that are to be disclosed\npursuant to this subsection; and\n8. A process for an emergency medical services training and education\ninstitute as defined in KRS 311A.010 to elect to be g overned as a\nproprietary school.\n(b) The commission shall have the authority to promulgate other administrative\nregulations, in cooperation with the Kentucky Department of Education and\nthe Council on Postsecondary Education, as it deems necessary for the proper\nadministration of this chapter.\n(7) The commission shall hold meetings at least four (4) times a year and as frequently\nas it deems necessary at the times and places within this state as the commission\nmay designate. The majority of the members shal l constitute a quorum, and all\nmeetings shall be conducted in accordance with the Open Meetings Act, KRS\n61.805 to 61.850.\n(8) The commission may sue and be sued in its own name.\n(9) Commission members shall receive a per diem of one hundred dollars ($100)  for\nattendance at each commission meeting and may be reimbursed for ordinary travel\nand other expenses while engaged in the business of the commission.\n(10) The commission shall administer and enforce the provisions of this chapter\npertaining to the condu ct, operation, maintenance, and establishment of proprietary\neducation institutions, and the activities of agents thereof when acting as such.\n(11) The commission shall have the power to subpoena witnesses and school records as\nit deems necessary.\n(12) The commission chairperson shall appoint a complaint committee and designate its\nchairperson. The chairperson of the complaint committee shall not be employed by,\nhave ownership interest in, or be otherwise affiliated with a licensed institution.\nSchool representatives appointed pursuant to subsection (1)(a) or (b) of this section\nshall not constitute a majority of the committee's membership. A committee\nmember shall not vote on a matter in which a conflict of interest exists. The\ncommittee shall review each f ormal complaint and, if evidence supports an alleged\nviolation of this chapter or any administrative regulation promulgated thereunder,\nthe committee shall:\n(a) Authorize an investigative report;\n(b) Participate in informal procedures to resolve complaints;\n(c) Ensure timely correspondence to parties involved in complaints; and\n(d) After review of all evidence and investigative reports, make recommendations\nfor the disposition of complaints to the full commission.\n(13) No later than November 30, 2013, and a nnually thereafter, the commission shall\nprovide a status report on the requirements of this section to the Interim Joint\nCommittee on Licensing and Occupations and the Interim Joint Committee on\nEducation. The report shall include a summary of the data, i ncluding school\nperformance information, relating to the requirements of subsection (6)(a) of this\nsection.","path":["KRS Chapter 165A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57598","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:20Z","sha256":"477fd69d7da7c62a0dd6e503b1952352170442fe9b7eb3e75d6fc4d2f8175112","source_id":"us-ky","stale":false,"prev":"us-ky/krs-165a.330","next":"us-ky/krs-165a.350"},"notice":"GroundRules: Original legal text. Not legal advice."}