HB 2523

 Session of 2026
                        HOUSE BILL No. 2523
                            By Representative Howe
                                     1-22
1 AN ACT concerning higher education; authorizing affiliation among
2   Kansas universities and colleges; authorizing technical colleges and
3   community colleges to affiliate with Kansas universities; providing
4   procedures for such affiliations; amending K.S.A. 71-201, 71-204, 71-
5   501, 71-617, 71-1802, 72-3810, 74-32,413 and 76-712 and K.S.A.
6   2025 Supp. 71-222 and repealing the existing sections; also repealing
7   K.S.A. 74-32,433.
8
9 Be it enacted by the Legislature of the State of Kansas:
10     New Section 1. As used in sections 1 through 4, and amendments
11 thereto:
12     (a) "Accredited independent institution" means a not-for-profit
13 institution of postsecondary education, the main campus of which is
14 located in Kansas, and that: (1) Is operated independently and not
15 controlled or administered by any state agency or any subdivision of the
16 state; (2) maintains open enrollment; and (3) is accredited by a nationally
17 recognized accrediting agency for higher education in the United States.
18     (b) "Affiliation" means:
19     (1) The association or connection of a state educational institution or
20 municipal university with another Kansas university or college in which
21 the direct or indirect control of the affiliating Kansas university or college
22 is determined by the affiliation agreement; and
23     (2) the association or connection of a technical college or community
24 college with a Kansas university or college in which the technical college
25 or community college is directly or indirectly under the control of the
26 affiliating Kansas university or college.
27     (c) "Community college" means any community college established
28 in accordance with chapter 71 of the Kansas Statutes Annotated, and
29 amendments thereto.
30     (d) "Community college campus" means the grounds and buildings of
31 the community college.
32     (e) "Governing body," when referring to a:
33     (1) State educational institution, means the state board of regents;
34     (2) municipal university, means the governing body of such
35 municipal university; and
36     (3) accredited independent institution, means the governing body of
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1 such accredited independent institution.
2     (f) "Kansas university or college" means any:
3     (1) State educational institution;
4     (2) municipal university; and
5     (3) accredited independent institution.
6     (g) "Municipal university" means Washburn university of Topeka or
7 any other municipal university established under the laws of this state.
8     (h) "State educational institution" means the university of Kansas,
9 Kansas state university, Wichita state university, Emporia state university,
10 Pittsburg state university and Fort Hays state university.
11     (i) "Technical college" means a technical college designated pursuant
12 to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-
13 32,465, and amendments thereto.
14     New Sec. 2. (a) Upon approval by the state board of regents or the
15 governing body of a municipal university, as applicable, and a majority
16 vote of the governing body of an accredited independent institution, a state
17 educational institution or municipal university may enter into agreements
18 to affiliate with an accredited independent institution.
19     (b) As part of the affiliation, the state educational institution or
20 municipal university may change its official designation. Whenever the
21 state educational institution or municipal university, or words of like
22 effect, is referred to or designated by any statute, contract or other
23 document, such reference or designation shall be deemed to apply to the
24 state educational institution or municipal university affiliated pursuant to
25 this section.
26     (c) (1) Except as otherwise provided herein, all of the powers and
27 duties established by law concerning the state educational institution or
28 municipal university shall be transferred to the affiliating state educational
29 institution or municipal university, subject to the supervision of the
30 governing board of the affiliating state educational institution or municipal
31 university and as provided in the affiliation agreement.
32     (2) Unless otherwise provided in the affiliation agreement, the state
33 board of regents or the governing body of a municipal university, as
34 applicable, shall:
35     (A) Oversee the operation of the state educational institution or
36 municipal university campus; and
37     (B) administer the funds of the state educational institution or
38 municipal university or moneys received from student tuition and fees, the
39 state or the United States for the purpose of the operation of the state
40 educational institution or municipal university campus.
41     (d) The affiliation plan between the state educational institution or
42 municipal university and the affiliating accredited independent institution
43 shall include provisions relating to the manner and terms upon which
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1 faculty, employees and students will be transferred to the affiliating state
2 educational institution, municipal university or accredited independent
3 institution. Such provisions shall specify terms of employment and address
4 other personnel matters. Subject to the authorization of the governing
5 board of the affiliating state educational institution, municipal university or
6 accredited independent institution, all personnel of a state educational
7 institution or municipal university affiliated pursuant to this section who
8 are necessary to the operation of such affiliating state educational
9 institution, municipal university or accredited independent institution, in
10 accordance with the needs of the affiliating state educational institution,
11 municipal university or accredited independent institution, may become
12 personnel of the affiliating state educational institution, municipal
13 university or accredited independent institution. The employment of such
14 personnel shall be deemed uninterrupted.
15     (e) Any affiliation entered into pursuant to this section shall not affect
16 any contract, agreement or assurance in effect on July 1, 2026.
17     (f) (1) No suit, action or other proceeding, judicial or administrative,
18 lawfully commenced or that could have been commenced by or against an
19 affiliating state educational institution or municipal university prior to
20 affiliation, or by or against any personnel of such state educational
21 institution or municipal university, shall abate by reason of such affiliation.
22 Any such suit, action or other proceeding may be allowed to be maintained
23 by or against the affiliating state educational institution or municipal
24 university.
25     (2) No criminal action commenced or that could have been
26 commenced by a state educational institution or municipal university prior
27 to affiliation shall abate by reason of such affiliation.
28     (g) The affiliation plan between the affiliating state educational
29 institution, municipal university or accredited independent institution shall
30 include provisions relating to any indebtedness of the affiliating state
31 educational institution, municipal university or accredited independent
32 institution.
33     New Sec. 3. (a) Upon approval by the governing body of the Kansas
34 university or college, as applicable, and a majority vote of the governing
35 body of the technical college or community college, a Kansas university or
36 college may enter into agreements to affiliate with a technical college or a
37 community college.
38     (b) As part of the affiliation, the technical college or community
39 college may change its official designation. Whenever the technical
40 college or community college, or words of like effect, is referred to or
41 designated by any statute, contract or other document, such reference or
42 designation shall be deemed to apply to the technical college or
43 community college affiliated pursuant to this section.
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1     (c) (1) Except as otherwise provided herein, all of the powers and
2 duties established in the governing body of the technical college or the
3 board of trustees of the community college by law shall be transferred to
4 the affiliating Kansas university or college, subject to the supervision of
5 the governing body of the Kansas university or college.
6     (2) Unless otherwise provided in the affiliation agreement, the board
7 of trustees of an affiliated community college shall:
8     (A) Oversee the operation of the community college campus; and
9     (B) administer the funds of the community college or moneys
10 received from student tuition and fees, the state or the United States for the
11 purpose of the operation of the community college campus.
12     (3) Except as provided in subsection (k)(2) and upon affiliation of a
13 community college:
14     (A) No board of trustees of an affiliated community college or
15 governing board, president or chancellor of a Kansas university or college
16 that affiliated with a community college pursuant to this section shall have
17 the authority to levy any tax on the taxable tangible property of the
18 community college district; and
19     (B) any funding responsibility for the support, operation and
20 maintenance of the community college that had been provided through
21 taxes imposed on the community college district prior to affiliation shall
22 be imposed on the state.
23     (d) (1) The governing body of the technical college or the board of
24 trustees of the community college shall become the industry advisory
25 board to the president or chancellor of the affiliating Kansas university or
26 college.
27     (2) For each technical college that affiliates with a Kansas university
28 or college pursuant to this section, the president or chancellor of the
29 affiliating Kansas university or college shall appoint the members of the
30 industry advisory board. The members of the advisory board shall
31 represent the industry sectors that correspond to the programs offered by
32 the technical college affiliated pursuant to this section. For each
33 community college that affiliates with a Kansas university or college
34 pursuant to this section, the members of the board of trustees shall
35 continue to be elected in accordance with the provisions of article 14 of
36 chapter 71 of the Kansas statutes annotated, and amendments thereto.
37     (e) The industry advisory board shall:
38     (1) Review non-credit and credit programs with the president or
39 chancellor and senior leadership of the Kansas university or college to
40 ensure that such programs are aligned with current and emerging needs of
41 industry and the community for an educated and trained workforce; and
42     (2) provide input relating to changes in each member's industry sector
43 that affect academic programs.
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1     (f) (1) Except as provided in paragraph (2), the following persons
2 admitted by a Kansas university or college into a technical college or
3 community college affiliated pursuant to this section shall not be subject to
4 the admission requirements of K.S.A. 76-717, and amendments thereto, or
5 the board of regents rules and regulations establishing qualified admission
6 criteria for state educational institutions:
7     (A) Persons admitted as degree-seeking students in career technical
8 education courses or programs terminating with an associate of applied
9 science degree; and
10     (B) persons admitted as nondegree-seeking students in career
11 technical education certificate programs.
12     (2) Persons admitted into a technical college or community college
13 affiliated with a Kansas university or college pursuant to this section who
14 subsequently seek to transfer into another school within the state
15 educational institution, or into a bachelor's, master's or doctorate degree
16 program, shall be subject to the admission requirements of K.S.A. 76-717,
17 and amendments thereto, and the board of regents rules and regulations
18 establishing qualified admission criteria for state educational institutions.
19     (g) (1) A technical college affiliated pursuant to this section shall
20 continue to be eligible for funding that is available to technical colleges to
21 the extent provided by law. The amounts of such funding are to be
22 determined in the same manner as provided by law for technical colleges.
23     (2) A community college affiliated pursuant to this section shall
24 continue to be eligible for funding that is available to community colleges
25 to the extent provided by law. The amounts of such funding are to be
26 determined in the same manner as provided by law for community
27 colleges.
28     (h) The affiliation agreement between the technical college or
29 community college and the affiliating Kansas university or college shall
30 include provisions relating to the manner and terms upon which faculty,
31 employees and students will be transferred to the affiliating Kansas
32 university or college. Such provisions shall specify terms of employment
33 and address other personnel matters. Subject to the authorization of the
34 governing board of the affiliating Kansas university or college, all
35 personnel of a technical college or community college affiliated pursuant
36 to this section who are necessary to the operation of such technical college
37 or community college, in accordance with the needs of the affiliating
38 Kansas university or college, may become personnel of the affiliating
39 Kansas university or college. The employment of such personnel shall be
40 deemed uninterrupted.
41     (i) The affiliation of a technical college or community college with a
42 Kansas university or college shall not affect any contract, agreement or
43 assurance in effect on July 1, 2026.
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1     (j) (1) No suit, action or other proceeding, judicial or administrative,
2 lawfully commenced or that could have been commenced by or against a
3 technical college or community college prior to affiliation, or by or against
4 any personnel of such technical college or community college, shall abate
5 by reason of such affiliation. Any such suit, action or other proceeding
6 may be allowed to be maintained by or against the affiliating Kansas
7 university or college.
8     (2) No criminal action commenced or that could have been
9 commenced by a technical college or community college prior to
10 affiliation shall abate by reason of such affiliation.
11     (k) The affiliation agreement between a community college and the
12 affiliating Kansas university or college shall include provisions relating to
13 any bond indebtedness of the community college. The affiliation
14 agreement may provide that either:
15     (1) The affiliating Kansas university or college shall assume and
16 agree to pay all of the bonded indebtedness of the affiliated community
17 college; or
18     (2) the bonded indebtedness of the affiliated community college shall
19 remain a charge upon the territory of the community college district.
20     (l) Except as otherwise provided in this section, the provisions of all
21 statutes of general application to area vocational schools, area vocational
22 technical schools or technical colleges shall apply to a technical college
23 affiliated pursuant to this section. Except as otherwise provided, the
24 provisions of all statutes of general application to community colleges
25 shall apply to a community college affiliated pursuant to this section.
26     New Sec. 4. The state board of regents or any governing body of an
27 affiliated Kansas university or college shall not create and implement any
28 service area for any state educational institution, municipal university,
29 community college, technical college or affiliated Kansas university or
30 college. On the effective date of this act, any policies or rules and
31 regulations that have been adopted concerning a service area are hereby
32 declared to be null and void and shall have no force and effect.
33     Sec. 5. K.S.A. 71-201 is hereby amended to read as follows: 71-201.
34 (a) The board of trustees, in accordance with the provisions of law and, the
35 rules and regulations of the state board of regents and an affiliation
36 agreement entered into pursuant to law, shall have custody of and be
37 responsible for the property of the community college and shall be
38 responsible for the operation, management and control of the college. The
39 board of trustees shall hold at least one regular meeting each month at a
40 time prescribed by the board. The board shall make an annual report in the
41 manner prescribed by the state board of regents. Members of the board of
42 trustees shall be paid subsistence allowances, mileage and other actual and
43 necessary expenses incurred in the performance of their official duties.
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1     (b) For effectuation of the purposes of this act, the board of trustees,
2 in addition to such other powers expressly granted to it by law and subject
3 to the rules and regulations of the state board of regents, is hereby granted
4 the following powers:
5     (1) To select its own chairperson and such other officers as it may
6 deem desirable, from among its own membership. The secretary may be
7 chief administrative officer of the college.
8     (2) To sue and be sued.
9     (3) To determine the educational program of the college subject to
10 prior approval thereof as provided in this act and to grant certificates of
11 completion of courses or curriculum.
12     (4) To appoint and fix the compensation and term of office of a
13 president or chief administrative officer of the college.
14     (5) To appoint upon nomination of the president or the chief
15 administrative officer members of the administrative and teaching staffs, to
16 fix and determine within state adopted standards their specifications,
17 define their duties and to fix their compensation and terms of employment.
18 No community college teacher shall be required to meet licensure
19 requirements greater than those required in the state educational
20 institutions.
21     (6) Upon recommendation of the chief administrative officer, to
22 appoint or employ such other officers of the college, agents and employees
23 as may be required to carry out the provisions of law and to fix and
24 determine within state adopted standards their qualifications, duties,
25 compensation, terms of office or employment and all other items and
26 conditions of employment.
27     (7) To enter into contracts.
28     (8) To accept from any government or governmental agency, or from
29 any other public or private body, or from any other source, grants or
30 contributions of money or property which that the board may use for or in
31 aid of any of its purposes.
32     (9) To acquire by gift, purchase, lease-purchase, condemnation or
33 otherwise, and to own, lease, use and operate property, whether real,
34 personal, or mixed, or any interest therein, which that is necessary or
35 desirable for community college purposes. Any lease-purchase agreement
36 entered into under authority of this subsection shall be subject to the
37 conditions set forth in K.S.A. 10-1116c, and amendments thereto. The
38 term of any lease entered into under authority of this subsection may be for
39 not to exceed 10 years. Such lease may provide for annual or other
40 payment of rent or rental fees and may obligate the community college to
41 payment of maintenance or other expenses. Any lease or lease-purchase
42 agreement entered into under authority of this subsection shall be subject
43 to change or termination at any time by the legislature. Any assignment of
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1 rights in any lease or lease-purchase made under this subsection shall
2 contain a citation of this section and a recitation that the lease or lease-
3 purchase agreement and assignment thereof are subject to change or
4 termination by the legislature. To the extent that the provisions of the cash-
5 basis and budget laws conflict with this subsection in such a manner as to
6 prevent the intention of this subsection from being made effective, the
7 provisions of this subsection shall control. This provision is subject to the
8 provisions of subsection (d).
9     (10) To enter into lease agreements as lessor of any property, whether
10 real, personal, or mixed, which that is owned or controlled by the
11 community college. Any such agreement may specify the purposes for
12 which the property may be used, require that the property be maintained
13 and operated by the lessee, and may contain such restrictions or limitations
14 on the use of the property, be entered into for such period of time, and
15 include such other terms and conditions as the board of trustees determines
16 to be necessary and proper. Every such agreement shall be subject to
17 change or termination at any time by the legislature. Any assignment of
18 rights under any such agreement shall be subject to approval by the board
19 of trustees and shall contain a citation of this section and a recitation that
20 the lease agreement and assignment of rights thereunder are subject to
21 change or termination by the legislature.
22     (11) To determine that any property owned by the college is no longer
23 necessary for college purposes and to dispose of the same such property in
24 such manner and upon such terms and conditions as provided by law.
25     (12) To exercise the right of eminent domain, pursuant to chapter 26
26 of the Kansas Statutes Annotated, and amendments thereto.
27     (13) To make and promulgate such rules and regulations, not
28 inconsistent with the provisions of law or with rules and regulations of the
29 state board of regents, that are necessary and proper for the administration
30 and operation of the community college, and for the conduct of the
31 business of the board of trustees.
32     (14) To exercise all other powers, not inconsistent with the provisions
33 of law or with the rules and regulations of the state board of regents
34 which, that may be reasonably necessary or incidental to the
35 establishment, maintenance and operation of a community college.
36     (15) To appoint a member to fill any vacancy on the board of trustees
37 for the balance of the unexpired term. When a vacancy occurs, the board
38 shall publish a notice one time in a newspaper having general circulation
39 in the community college district stating that the vacancy has occurred and
40 that it such vacancy will be filled by appointment by the board not sooner
41 than 15 days after such publication.
42     (16) To contract with one or more agencies, either public or private,
43 whether located within or outside the community college district or
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1 whether located within or outside the state of Kansas for the conduct by
2 any such agencies of education for students of the community college, and
3 to provide for the payment to any such agencies for their contracted
4 educational services from any funds or moneys of the community college,
5 including funds or moneys received from student tuition and fees, funds
6 received from the state of Kansas or the United States for education, or
7 taxes collected under K.S.A. 71-204, and amendments thereto. Any
8 contract made under this subsection with an institution of another state
9 shall be subject to the provisions of K.S.A. 71-202, and amendments
10 thereto.
11     (17) To authorize by resolution the establishment of a petty cash fund
12 in an amount not to exceed $1,000, and to designate in such resolution an
13 employee to maintain such petty cash fund. The employee designated in
14 any resolution provided for in this subsection receiving such funds shall
15 keep a record of all receipts and expenditures from the fund, and shall,
16 from time to time, and at the end of the fiscal year, prepare a statement for
17 the board showing all receipts, expenditures, and the balance in the petty
18 cash fund. The board of trustees may authorize the employee designated to
19 maintain any petty cash fund to make a claim for replenishment of the
20 fund to its original amount in advance of approval by the board of trustees
21 if, at any time during the period between regular monthly meetings of the
22 board of trustees, the balance remaining in the fund is insufficient to make
23 needed expenditures for any purpose for which the petty cash fund is
24 maintained. No petty cash fund may be replenished more than one time
25 during each period between regular monthly meetings of the board of
26 trustees. If a petty cash fund is replenished prior to the end of the fiscal
27 year in accordance with the foregoing authorization, the employee
28 authorized to maintain the petty cash fund shall keep an accurate record of
29 all expenditures made therefrom, and the purpose therefor, and such
30 authorized employee shall submit the record to the board of trustees at the
31 next regular monthly meeting thereof. The petty cash fund shall be
32 replenished by payment from the appropriate funds of the community
33 college to the petty cash fund upon proper claim. The fund shall be kept
34 separate from all other funds and shall be used only for authorized
35 expenditures, and itemized receipts shall be taken for each expenditure. No
36 part of such fund may be loaned or advanced against the salary of an
37 employee. All employees entrusted with such funds under this subsection
38 shall be bonded by the community college district.
39     (c) Subject to the provisions of subsection (d), the board of trustees
40 may purchase or otherwise acquire land or land and improvements and
41 may acquire, construct, reconstruct, repair or remodel improvements
42 thereon or additions thereto, including furnishings, equipment, and
43 architectural and incidental expense related thereto, and for such purposes,
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1 the board of trustees is authorized to issue and sell general obligation
2 bonds, the cumulative total not to exceed the following amounts: Where
3 the community college district has a taxable tangible valuation of less than
4 $90,000,000 or is located in a county designated as urban under the
5 provisions of K.S.A. 19-3524, and amendments thereto, not to exceed 5%
6 of the taxable tangible property of the community college district,; and
7 where the community college district has a taxable tangible valuation of
8 more than $90,000,000, not to exceed 3% except as provided above for
9 any community college district located in a county designated as urban
10 under the provisions of K.S.A. 19-3524, and amendments thereto, of the
11 taxable tangible property of the community college district. If any increase
12 in the valuation of a community college district results in an outstanding
13 bonded indebtedness in excess of that provided in this subsection, such
14 increase shall not constitute a violation of this subsection. No such bonds
15 shall be issued until the question of their issuance shall have been
16 submitted to a vote of the electors of the community college district at a
17 regular election or at a special election called for that purpose and the
18 majority of the electors voting on the proposition in such community
19 college district shall have voted in favor of the issuance of the bonds. Such
20 election shall be called, noticed and held and the bonds issued, sold,
21 delivered and retired in accordance with the provisions of the general bond
22 law except as herein otherwise expressly provided.
23     (d) (1) Except as provided in K.S.A. 74-32,433, and amendments
24 thereto, The board of trustees of a community college may purchase or
25 otherwise acquire land or land and improvements within: (A) the
26 community college district; or (B) the service area of the community
27 college. Nothing in this subsection shall be construed or operate in any
28 manner to require a board of trustees to sell, convey or otherwise dispose
29 of land or land and improvements located outside the community college
30 district or the service area of the community college and owned or being
31 acquired by the community college on the effective date of this act July 1,
32 2013. Nothing in this subsection shall be construed or operate in any
33 manner to require a board of trustees to sell convey or otherwise dispose
34 of land or land and improvements located outside the service area of the
35 community college and owned or being acquired by the community college
36 on the effective date of any affiliation agreement entered into pursuant to
37 law.
38     (2) For the purposes of this subsection, "service area" means a
39 designated geographic area of the state established pursuant to agreement
40 of the presidents of the community colleges and adopted in policy by the
41 state board of regents.
42     Sec. 6. K.S.A. 71-204 is hereby amended to read as follows: 71-204.
43 (a) (1) For the purpose of community college maintenance and operation,
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1 the board of trustees is authorized to levy a tax on the taxable tangible
2 property of the community college district, except as provided in
3 subsection (c).
4     (2) Such tax levy shall be the amount determined by the board of
5 trustees to be sufficient to finance that part of the budget of the community
6 college which that is not financed from any other source provided by law.
7 The budget of the community college shall be prepared and adopted as
8 provided by law, and the tax levy therefor shall be certified to the county
9 clerk of every county a part of the territory of which is in the community
10 college district.
11     (b) The tax levy authorized by subsection (a) shall be reduced (1) in
12 the 2001 fiscal year by an amount equal to 80% of the amount of the
13 difference between the amount of state aid received by the community
14 college in the 2000 fiscal year less an amount equal to 25% of the amount
15 of out-district tuition received by the community college in such fiscal
16 year and the amount of the state grant to which the community college is
17 entitled in the 2001 fiscal year and (2) in fiscal years 2002, 2003 and 2004
18 by an amount equal to 80% of the amount of the difference between the
19 amount of the state grant received by the community college in the
20 preceding fiscal year less an amount equal to 25% of the amount of out-
21 district tuition received by the community college in the 2000 fiscal year
22 and the amount of the state grant to which the community college is
23 entitled in the current fiscal year and (3) in each fiscal year after the 2004
24 fiscal year by an amount equal to 80% of the amount of the difference
25 between the amount of the state grant received by the community college
26 in the preceding fiscal year and the amount of the state grant to which the
27 community college is entitled in the current fiscal year.
28     (c) This section shall not apply to any community college or board of
29 trustees of a community college that affiliated with a Kansas university or
30 college pursuant to section 3, and amendments thereto.
31     Sec. 7. K.S.A. 2025 Supp. 71-222 is hereby amended to read as
32 follows: 71-222. The board of trustees of each community college shall
33 annually publish the following information on such community college's
34 website homepage with an easily identifiable link, which shall be titled,
35 "Taxpayer and student transparency data":
36     (a) The tuition rate for: (1) Students residing in the community
37 college district; (2) students residing outside the community college
38 district; (3) students residing outside the state of Kansas; and (4) students
39 residing outside the United States;
40     (b) the fees charged to: (1) Students residing in the community
41 college district; (2) students residing outside the community college
42 district; (3) students residing outside the state of Kansas; and (4) students
43 residing outside the United States;
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1     (c) the total cost, excluding textbooks and housing costs, per credit
2 hour for each semester for: (1) Students residing in the community college
3 district; (2) students residing outside the community college district; (3)
4 students residing outside the state of Kansas; and (4) students residing
5 outside the United States;
6     (d) the percentage of students attending each campus operated by the
7 community college for: (1) Students residing in the community college
8 district; (2) students residing outside the community college district; (3)
9 students residing outside the state of Kansas; and (4) students residing
10 outside the United States;
11     (e) the enrollment percentage of: (1) Students residing in the
12 community college district; and (2) students residing outside the
13 community college district;
14     (f) the enrollment percentage of students residing in the service area
15 of the community college;
16     (g) the aggregate amount of property tax revenues collected for tax
17 levies imposed by the board of trustees of the community college for each
18 of the immediately preceding five fiscal years and the change in such
19 amount from year-to-year, expressed as a percentage;
20     (h)(g) the aggregate amount of mills levied by the board of trustees of
21 the community college for each of the immediately preceding five fiscal
22 years and the change in such amount from year-to-year, expressed as a
23 percentage; and
24     (i)(h) (1) subject to paragraph (2), the aggregate amount disbursed for
25 the two immediately preceding fiscal years for all institutional
26 scholarships, foundation scholarships and pell grants, and the total amount
27 disbursed for the two immediately preceding fiscal years for:
28     (A) Athletic scholarships for students residing in the community
29 college district;
30     (B) athletic scholarships for students residing outside the state of
31 Kansas;
32     (C) non-athletic scholarships for students residing in the community
33 college district; and
34     (D) non-athletic scholarships for students residing outside the state of
35 Kansas.
36     (2) No aggregate information required to be reported pursuant to
37 paragraph (1) shall be reported if such information could identify a student
38 with reasonable certainty.
39     Sec. 8. K.S.A. 71-501 is hereby amended to read as follows: 71-501.
40 (a) Except as provided in subsection (e), the board of trustees of any
41 community college is authorized to make an annual tax levy for a period of
42 not to exceed five years of not to exceed two mills upon all taxable
43 tangible property in the community college district for the purpose of
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1 construction, reconstruction, repair, remodeling, additions to, furnishing
2 and equipping of community college buildings, architectural expenses
3 incidental thereto, and the acquisition of real property for use as building
4 sites or for educational programs. No levy shall be made under this section
5 until a resolution authorizing the levy is passed by the board of trustees
6 and published once each week for three consecutive weeks in a newspaper
7 having general circulation in the community college district. The
8 resolution shall specify the mill rate of the tax levy and the period of time
9 for which the tax levy shall be made under authority thereof. After
10 adoption of the resolution, the levy may be made unless, within 60 days
11 following the last publication of the resolution, a petition in opposition to
12 the levy, signed by not less than 5% of the qualified electors of the
13 community college district, is filed with the county election officer of the
14 county in which the main campus of the community college is located. If a
15 petition is filed, the levy shall not be made without the question of levying
16 the same the tax levy having been submitted to and approved by a majority
17 of the qualified electors of the district voting at an election called for that
18 purpose or at the next general election. If a petition is filed and no election
19 is held, a new resolution authorizing a levy for the purposes specified in
20 this section may not be adopted for a period of one year after the filing of
21 the petition.
22     (b) Except as provided in subsection (e), whenever an initial
23 resolution has been adopted under subsection (a) and the resolution
24 specified a lesser mill rate than two mills, the board of trustees of the
25 community college may adopt a second resolution under the same
26 procedure as is provided in subsection (a) for the initial resolution and,
27 subject to the same conditions and for the same purposes as provided in
28 subsection (a), shall be authorized to make an additional tax levy in an
29 amount to be specified in the second resolution for the remainder of the
30 period of time specified in the initial resolution for the making of the levy
31 under authority thereof. Any second resolution shall be limited in amount
32 as specified in subsection (a), less such amount as was authorized in the
33 initial resolution, and not to exceed an aggregate amount of two mills in
34 any one year. If any such resolution is adopted and the tax levy therein
35 specified is authorized under the conditions specified in subsection (a), the
36 amount of bonds which that may be issued under K.S.A. 71-502, and
37 amendments thereto, may be increased accordingly.
38     (c) Except as provided in subsection (e), the board of trustees of any
39 community college which that has made a tax levy under this section may
40 initiate, at any time after the final levy is certified to the county clerk under
41 any current authorization, procedures to renew its authority to make a like
42 annual tax levy in the amount, upon the conditions, and in the manner
43 specified in subsection (a).
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1     (d) As used in this act, "unconditionally authorized to make a tax levy
2 under authority of article 5 of chapter 71 of Kansas Statutes Annotated"
3 means that the board of trustees of the community college has adopted a
4 resolution under this section, and has published the same, and such
5 resolution stating either that such resolution was not protested or that it
6 such resolution was protested and an election was held by which the tax
7 levy of the community college was approved.
8     (e) This section shall not apply to any community college or board of
9 trustees of a community college that affiliated with a Kansas university or
10 college pursuant to section 3, and amendments thereto. If a community
11 college board of trustees has authorized an annual tax levy pursuant to
12 this section and affiliates with a Kansas university or college pursuant to
13 section 3, and amendments thereto, during the period in which such levy is
14 authorized, the levy shall not be made after the date of affiliation. The
15 board of trustees shall notify the county clerk of the termination of the
16 levy.
17     Sec. 9. K.S.A. 71-617 is hereby amended to read as follows: 71-617.
18 (a) Except as provided in subsection (c), the board of trustees of any
19 community college may levy a tax in each year for a period of not to
20 exceed five (5) years of not to exceed one-fourth (1/4) mill on all taxable
21 tangible property within the district to maintain and operate an adult basic
22 education program at a level approved by the state board. In no event shall
23 the tax levy authorized hereunder be at a rate which that will produce an
24 amount in excess of fifty thousand dollars ($50,000). Such tax levy shall
25 be in addition to all other tax levies authorized or limited by law. Proceeds
26 from such tax levy shall be deposited in the adult education fund of the
27 community college, which fund is hereby established. All moneys received
28 by a community college for adult basic education shall be deposited in the
29 adult education fund. The expenses of a community college attributable to
30 adult basic education shall be paid from the adult education fund.
31     (b) No tax levy shall be made under authority of this section until a
32 resolution authorizing such a levy is passed by the board of trustees and
33 published once a week for three (3) consecutive weeks in a newspaper
34 having general circulation in the community college district, and such
35 resolution shall specify the millage rate of such tax levy and the period of
36 time for which such tax levy shall be made under authority thereof. After
37 the adoption of such resolution such levy may be made unless, within
38 ninety (90) days following the last publication of the resolution, a petition
39 in opposition to such levy, signed by not less than five percent (5%) of the
40 qualified electors of such community college district, is filed with the
41 county election officer of the county in which the main campus of the
42 community college is located. In the event that such a petition is filed,
43 such levy shall not be made without the question of levying the same
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1 having been submitted to and been approved by a majority of the qualified
2 electors of the district voting at an election which shall be called for that
3 purpose or at the next general election.
4    (c) This section shall not apply to any community college or board of
5 trustees of a community college that affiliated with a Kansas university or
6 college pursuant to section 3, and amendments thereto.
7    Sec. 10. K.S.A. 71-1802 is hereby amended to read as follows: 71-
8 1802. As used in K.S.A. 71-1801 through 71-1810, and amendments
9 thereto:
10    (a) "Community college" means any community college established
11 in accordance with chapter 71 of the Kansas Statutes Annotated, and
12 amendments thereto.
13    (b) "Community college operating grant" means the operating grant
14 provided for under subsection (a) of K.S.A. 71-620(a), and amendments
15 thereto, prior to fiscal year 2012.
16    (c) (1) "Credit hour" means the basic unit of collegiate level
17 instruction, as determined by the state board, in a subject or course offered
18 by an eligible institution at a postsecondary level not higher than those
19 programs or courses normally offered to freshmen and sophomores in
20 four-year public institutions of postsecondary education, in a program that
21 has been approved by the state board.
22    (2) The term "credit hour" does not include instruction in a program
23 or course taken by a student enrolled for audit or not for postsecondary
24 credit, or in any program or course not approved by the state board.
25    (3) The state board shall determine whether the programs and courses
26 offered are at the level of freshmen and sophomore programs and courses
27 offered in the state educational institutions and shall not approve for
28 funding any program or course offered at a higher level.
29    (d) "Eligible institution" or "institution" means any community
30 college, technical college or, the institute of technology or any technical
31 college or community college that affiliated with a Kansas university or
32 college pursuant to section 3, and amendments thereto.
33    (e) "Institute of technology," "institute" or "Washburn institute of
34 technology" means the institute of technology at Washburn university.
35    (f) "Kansas university or college" means the same as defined in
36 section 1, and amendments thereto.
37    (g) "Municipal university" means Washburn university of Topeka or
38 any other municipal university established under the laws of this state.
39    (h) "Non-tiered course" means any postsecondary credit-bearing
40 course offered by an eligible institution and identified by the state board as
41 not meeting the definition of a tiered technical course. Non-tiered courses
42 include courses that are generally designed to: (1) Contribute to academic
43 knowledge or skills across multiple disciplines and occupations, such as
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1 communication, writing, mathematics, humanities, social or behavioral
2 science and natural or physical science courses, some of which may be
3 considered for transfer as general education credit toward a baccalaureate
4 degree; (2) contribute to general knowledge or skills in areas such as
5 critical thinking and reasoning, problem solving, use of technology and
6 teamwork skills; (3) provide instruction in basic or foundational skills
7 necessary for individuals to effectively participate in technical programs;
8 (4) prepare individuals for certification or licensure exams or re-
9 certifications recertifications and skill updates; or (5) allow individuals to
10 explore various career opportunities. Seminars, workshops or other
11 courses that are supplemental to the primary instruction required for the
12 occupationally specific technical program shall be considered non-tiered
13 courses, unless otherwise specified by the state board.
14     (g)(i) "State board of regents" or "state board" means the state board
15 of regents provided for in the constitution of this state and established by
16 K.S.A. 74-3202a, and amendments thereto.
17     (h)(j) "State educational institution" means the university of Kansas,
18 Kansas state university, Wichita state university, Emporia state university,
19 Pittsburg state university and Fort Hays state university.
20     (k) "Technical college" means a technical college designated pursuant
21 to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-
22 32,465, and amendments thereto.
23     (i)(l) "Technical program" means any program of study comprised of
24 a sequence of tiered technical courses and non-tiered courses, which
25 program is identified by the state board as a technical program for funding
26 purposes. Technical programs must shall: (1) Be designed to prepare
27 individuals for gainful employment in current or emerging technical
28 occupations requiring other than a baccalaureate or advanced degree; (2)
29 lead to technical skill proficiency, an industry-recognized credential, a
30 certificate or an associate degree; and (3) be delivered by an eligible
31 institution.
32     (j)(m) "Tiered technical course" means a postsecondary credit-bearing
33 course included in the sequence of courses comprising a technical
34 program, which course is itself designed to provide competency-based
35 applied instruction to prepare individuals with occupationally specific
36 knowledge and skills necessary for employment, and which that the state
37 board has identified as a tiered technical course.
38     (k)(n) "Tiered technical course credit hour" means a credit hour in a
39 tiered technical course.
40     (l)(o) "Washburn institute of technology operating grant" means any
41 legislative appropriation designated for non-tiered courses delivered by the
42 Washburn institute of technology.
43     Sec. 11. K.S.A. 72-3810 is hereby amended to read as follows: 72-
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1 3810. (a) Students admitted to a career technical education course or
2 program which that is conducted by the school district in which the
3 student is enrolled may be charged fees but shall not be charged tuition.
4    (b) Postsecondary students admitted to a career technical education
5 course or program shall pay tuition and fees as provided by laws
6 applicable thereto.
7    (c) (1) Secondary students admitted to a career technical education
8 course or program which that is conducted by a community college,
9 technical college or, institute of technology or any technical college or
10 community college that affiliated with a Kansas university or college
11 pursuant to section 3, and amendments thereto, may be charged fees, but
12 shall not be charged tuition.
13    (2) Each school academic year, to the extent there are sufficient
14 moneys appropriated to the career technical education secondary program,
15 the state board of regents shall distribute state funds to community
16 colleges, technical colleges, any technical college or community college
17 that affiliated with a Kansas university or college pursuant to section 3,
18 and amendments thereto, and the Washburn institute of technology for the
19 cost associated with secondary students enrolled in postsecondary career
20 technical education programs as determined by the state board of regents.
21    (3) For purposes of this subsection:
22    (A) "Community college" means any community college established
23 in accordance with chapter 71 of the Kansas Statutes Annotated, and
24 amendments thereto.
25    (B) "Fees" means those charges assessed against a student by a
26 community college, technical college or, the institute of technology, a
27 Kansas university or college for student services, such as health clinics,
28 athletic activities and technology services, or for books, supplies or other
29 materials necessary for a particular course or program, the expense of
30 which is not covered by tuition.
31    (C) "Institute of technology" means the institute of technology at
32 Washburn university.
33    (D) "Kansas university or college" means the same as defined in
34 section 1, and amendments thereto.
35    (E) "Municipal university" means Washburn university of Topeka or
36 any other municipal university established under the laws of this state.
37    (F) "Secondary student" means a pupil who: (i) Has not attained a
38 high school diploma or a general educational development (GED)
39 credential; and (ii) is regularly enrolled in and attending a public or private
40 secondary school.
41    (G) "State educational institution" means the university of Kansas,
42 Kansas state university, Wichita state university, Emporia state university,
43 Pittsburg state university and Fort Hays state university.
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1     (E)(H) "Technical college" means a technical college designated
2 pursuant to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-
3 32,464 or 74-32,465, and amendments thereto.
4     (F)(I) "Tuition" means those charges assessed against a student by a
5 community college, technical college, any technical college or community
6 college that affiliated with a Kansas university or college pursuant to
7 section 3, and amendments thereto, or the institute of technology on a per
8 credit hour, per course or per term basis, and that are charged to cover the
9 general expense of providing instructional services.
10     (d) Students admitted to a vocational career technical education
11 course or program which that is not conducted by the school district in
12 which the student is enrolled shall be charged tuition and fees determined
13 in accordance with subsection (e), subject however to the following:
14     (1) Tuition or fees, or tuition and fees may be paid for the student in
15 accordance with any agreement made under K.S.A. 72-3814, and
16 amendments thereto; or
17     (2) if the tuition of a student is not paid under paragraph (1) of this
18 subsection, the tuition of the student shall be paid by the school district in
19 which the student is enrolled. No school district shall pay tuition for a
20 student who is a postsecondary student, and no school district shall be
21 required to pay tuition or fees of a student who is eligible to have tuition
22 and fees for the course or training that the student selects paid by any state
23 or federal agency from moneys, funds or appropriations made available
24 under any one or more state or federal programs. Any state agency
25 administering any one or more such programs shall pay such tuition and
26 fees upon proper application by a student therefor.
27     (e) All tuition and fees charged for career technical education by any
28 board shall be in such amounts as are authorized by rules and regulations
29 adopted by the state board, which shall establish general guidelines for
30 tuition and fee schedules in career technical education courses and
31 programs, except that tuition of postsecondary students shall be fixed in
32 accordance with K.S.A. 72-4433*, and amendments thereto. The particular
33 tuition and fee schedule of every career technical education program shall
34 be subject to annual approval of the state board. A current complete
35 schedule of tuition and fees for each career technical education course and
36 program of each board as approved by the state board shall be maintained
37 on file in the office of the state board, and shall be open for public
38 inspection at any reasonable time.
39     Sec. 12. K.S.A. 74-32,413 is hereby amended to read as follows: 74-
40 32,413. As used in this act:
41     (a) "Board," "state board," "school year" and "technical college" have
42 the meanings respectively ascribed thereto mean the same as defined in
43 K.S.A. 74-32,407, and amendments thereto.
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1    (b) "Career technical education capital outlay aid" means state
2 financial aid distributed under this act by the state board to an eligible
3 institution for the purpose of construction, reconstruction, repair,
4 remodeling, additions to, furnishing and equipping of buildings,
5 architectural expenses incidental thereto, the acquisition of buildings and
6 building sites and the acquisition of equipment.
7    (c) "Eligible institution" or "institution" means any technical college,
8 Coffeyville community college, Cowley county community college,
9 Dodge City community college, Highland community college, Hutchinson
10 community college, Johnson county community college, Kansas City,
11 Kansas community college, Pratt community college, Seward county
12 community college and, the institute of technology at Washburn university
13 and any technical college or community college that affiliated with a
14 Kansas university or college pursuant to section 3, and amendments
15 thereto.
16    (d) "Kansas university or college" means the same as defined in
17 section 1, and amendments thereto.
18    (e) "Municipal university" means Washburn university of Topeka or
19 any other municipal university established under the laws of this state.
20    (f) "State educational institution" means the university of Kansas,
21 Kansas state university, Wichita state university, Emporia state university,
22 Pittsburg state university and Fort Hays state university.
23    Sec. 13. K.S.A. 76-712 is hereby amended to read as follows: 76-712.
24 Except as otherwise provided by act of the legislature, the state
25 educational institutions are separate state agencies and state institutions
26 and shall be controlled by and operated and managed under the
27 supervision of the board of regents. For such control, operation,
28 management or supervision, the board of regents may make contracts and
29 adopt orders, policies or rules and regulations and do or perform such
30 other acts as are authorized by law or are appropriate for such purposes,
31 except that no state educational institution, or campus thereof, shall be
32 closed, combined or merged with any other state educational institution,
33 for administrative or management or other purposes, except as authorized
34 in section 2 or 3, and amendments thereto, or specifically authorized by
35 appropriations or other act of the legislature.
36    Sec. 14. K.S.A. 71-201, 71-204, 71-501, 71-617, 71-1802, 72-3810,
37 74-32,413, 74-32,433 and 76-712 and K.S.A. 2025 Supp. 71-222 are
38 hereby repealed.
39    Sec. 15. This act shall take effect and be in force from and after its
40 publication in the statute book.